A concussion is a form of a traumatic brain injury (TBI) with potentially costly effects. If your concussion was caused by someone else’s actions or negligence, you may seek compensation through a personal injury claim. However, pursuing this claim is rarely straightforward, especially because concussion symptoms are often disputed by insurance companies.
When claiming for a concussion in California, get the help of Gavel Law Firm. Our concussion attorney Bryan A. Mason has in-depth experience in head injury claims, with a unique background in the insurance industry. He now uses insurance insight as an advantage in strategically pursuing maximum compensation for each client.
Gavel Law Firm will not charge you any lawyer fees until we win for you. Get a free consultation by calling (951) 289-0202 today.
What is a Concussion?
A concussion is a traumatic brain injury caused by a sudden blow to the head or a violent shaking of the head. The forceful movement causes the brain to bounce around or strain inside the skull, harming brain function. This leads to a range of symptoms such as confusion, headache, dizziness, vomiting, or loss of consciousness.
Concussions are quite common. We often see in movies and TV that people who bumped their heads can heal simply by resting. But the American Association of Neurological Surgeons says concussions should not be taken lightly, even in cases described as “mild.” Certain concussions could have serious or persistent effects. Without appropriate care, they could be disabling or fatal.
Can I Sue for a Concussion?
The short answer is yes, you may sue for a concussion in California if someone else caused this head injury – whether through their negligence (carelessness) or intentional act. These are some common scenarios where a concussion can give rise to a personal injury lawsuit:
- Car accidents
- Bicycle, scooter, or motorcycle crashes
- Pedestrian accidents
- Unsafe workplace accidents
- Slipping or falling on someone’s unsafe property
- Playground or amusement park accidents
- Negligent or intentional sports injuries
- Malfunctioning equipment or defective products
- Construction accidents
- Assault.
Many other situations can lead to a concussion for which you could be compensated. To determine whether you have a case, get a free case evaluation from Gavel Law Firm. We’re ready to assess your circumstances and guide you on your best next steps.
How Do You Prove a Concussion for a Lawsuit?
Proving a concussion in a lawsuit can be extremely challenging, as there is no single definitive test to diagnose this head injury. Doctors will use a variety of diagnostic tools to determine whether you have a concussion after suffering a blow or jolt to the head. These diagnostic tools include:
- Physical examination – taking a look at your physically observable symptoms
- Neurological exams – such as for balance, reflexes, sensation (ability to physically feel), and the like
- Cognitive testing – to test your memory, awareness, concentration, and other brain functions
- Brain imaging – Neurologists typically don’t use CT scans and MRIs to diagnose concussion because this injury is too microscopic to show up in brain scans. However, if there is suspicion of a brain bleed, these imaging methods may be needed.
Your doctor’s diagnosis is crucial in proving you have a concussion. Even so, insurance companies may try to dispute the diagnosis, arguing that testing tools for concussions are not definitive. You’ll need an assertive and experienced concussion lawyer to protect your claim against these seasoned insurers.
At Gavel Law Firm, our concussion attorney has worked for insurance companies in the past and is deeply familiar with insurers’ methods. We know insurance tactics and how to counter them. With this useful knowledge, we’re eager to help you build a strongly compelling concussion case, in or out of court.
How Much Money Can I Get in Concussion Settlement?
Some estimates say that concussion settlements in the USA typically range from $20,000 to upwards of $80,000. Note that these are not considered ‘standard’ amounts for a concussion claim settlement. There is no industry-accepted average settlement amount because case outcomes vary widely, with unique factors in each case.
To know what your concussion claim is worth, you’ll need to get a case assessment from a personal injury lawyer. In general, you could be compensated for economic and non-economic losses, which may include:
- Medical bills
- Lost income
- Pain and suffering
- Disability
- Psychological distress.
When we evaluate a case here at Gavel Law Firm, we examine not just your immediate monetary costs but also the various aspects of your life affected by the concussion. Will you be able to return to regular work? What future expenses will you have to bear? How is your injury affecting your quality of life? These are the kinds of questions we explore to help maximize your claim and seek repayment for the full extent of your injury.
Post-Concussive Syndrome: Claiming for a Persistent Concussion
When symptoms of concussion persist for weeks or months, it may be a case of post-concussive syndrome. This syndrome can also have less-obvious symptoms such as mood swings, irritability, unexplained fatigue, trouble sleeping, sensitivity to light or smell, and memory loss.
Post-concussive syndrome can be debilitating enough to interfere with your day-to-day life. Persistent headaches, for example, can prevent you from performing properly at work. Sleep issues, memory loss, and volatile moods can affect your productivity and interpersonal relationships.
It’s vital to see a doctor if your concussion symptoms don’t go away in a week. You’ll also want to discuss this with your concussion lawyer to examine the possibility of a post-concussive injury claim. Don’t hesitate to approach us at Gavel Law Firm, as we can provide you with a free legal consultation.
Riverside Concussion Injury Claims: Other FAQs
When should I see a doctor for a concussion?
The American Association of Neurological Surgeons (AANS) says you should seek medical care if your concussion has ANY of these symptoms:
- Headache that worsens or does not go away in a couple of days
- Slurred speech
- Muscle weakness, numbness, or loss of coordination
- Repeated nausea or vomiting
- Loss of consciousness
- Seizures
- Any ‘simple’ symptom that worsens
- Any ‘simple’ symptom that does not go away in 10 to 14 days.
What happens if you ignore a concussion?
According to the Centers for Disease Control and Prevention (CDC), ignoring a concussion can lead to worsened or additional symptoms. You must take the time to rest and heal, following recommendations from your doctor. If you return to normal activities too soon, your symptoms could come back or you could suffer additional effects.
The AANS also notes that returning to normal activities too soon could expose you to repeated concussions. A second impact or any subsequent concussion could be exponentially dangerous, putting you at risk of fatal brain swelling.
Can I claim compensation for a concussion from playing sports?
In California, you may claim compensation for a sports-related concussion if it resulted from someone else’s negligence or intentional act. While field sports come with inherent risks of physical contact, organizers and players must follow rules for a reasonably safe game. Take a look at these example situations where someone could be held liable for sports concussions:
- A coach failing to teach proper safety protocols
- An athlete tackling another player with excessive violence
- A sports manufacturer producing defective gear
- A school or game organizer failing to follow the California concussion protocol (a student-athlete must be removed from the game if they have a head injury).
Statistics show California has had a rising number of concussions from teen sports. In 2015 alone, sports-related concussions among 14- to 18-year-olds reached 11,394 cases, according to the CA Office of Statewide Health Planning and Research. This was nearly 2,000 cases more than in 2011, when there were just 9,885 sports concussions in this age group.
Consult Gavel Law Firm to discuss the possibility of a personal injury lawsuit over your or your child’s sports concussion.
Contact a Riverside Concussion Lawyer from Gavel Law Firm
Gavel Law Firm has provided high-quality legal service to Inland Empire residents since 2016. With our experience, diligence, and assertiveness, we have helped Southern Californians obtain full compensation for their head injuries, including concussions.
Your consultation with us is free, and you won’t have to pay us any legal fees until we obtain compensation for you. Call Gavel Law Firm now at (951) 289-0202.
