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Personal Injury

Can I Sue For A Concussion?

By October 27, 2021April 1st, 2022No Comments

For some, concussions can be painful and serious injuries with lasting effects. When these injuries were caused by another person or party’s negligence or recklessness, it can be especially frustrating and hard to accept. If you have suffered a concussion, you know that it can seriously impact your ability to function temporarily. Concussions can cause headaches, pain, nausea, fatigue, confusion, and difficulty thinking, among other symptoms. People with concussions generally experience these symptoms for anywhere from a number of days up to two weeks. However, a significant number of people who suffer concussions experience more extreme or prolonged symptoms which seriously impact their ability to live and work.

When Can I Sue for a Concussion?

In order to sue, you must have suffered damages that were directly caused by someone else’s recklessness, negligence, or malicious conduct. If your injuries meet this threshold, then you likely have standing to sue. The next thing to consider is whether it is worthwhile to pursue a lawsuit. In general, the more serious your injuries (meaning the more permanent they are and the extent to which they impact your daily life) the more beneficial a personal injury lawsuit will be. If your concussion requires hospitalization, it may be financially worthwhile to pursue a lawsuit. Additionally, if your concussion impacts your ability to return to work, or necessitates you taking a significant period of time off of work it may also be worthwhile to bring a lawsuit to recover the costs. People who have suffered more severe symptoms or developed post-concussive disorder as a result of their concussion should also consider legal action, as this will likely require ongoing medical care.

Post-Concussion Syndrome

Research reflects that a significant number of people who suffer concussions experience symptoms for an extended period of time, often up to–or even over–a year. These people suffer from persistent migraine-type headaches and other concussion symptoms chronically, and it can seriously impact their ability to live a normal life and even maintain their job. If you have been diagnosed with post-concussion syndrome due to an injury that was not your fault, a lawyer can help you assess whether moving forward with a personal injury lawsuit is the best decision for you.

Challenges in Suing for Concussions

There are some challenges inherent in suing for concussion-related injuries. For one, concussion symptoms can be fairly vague. For instance, it can be hard to establish a causal connection between headaches and the accident, particularly if the person had any history of headaches beforehand. Additionally, not all physicians agree on the existence of post-concussion syndrome, and even those who do may not agree on your particular diagnosis. This can create challenges to success, which is why it is so important to hire an experienced personal injury lawyer.

Schedule a Consultation

If you have suffered a traumatic brain injury, contact the experienced Atlanta personal injuries at Durham Law Group and find out how we can fight to get you the compensation and support that you are entitled to. Contact us today to schedule a consultation.

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