Your Rights If You Suffer a Concussion Due to Negligence

Many different types of accidents can cause concussions. Some common causes include car accidents, truck accidents, motorcycle accidents, slip-and-fall accidents, pedestrian accidents, bicycle collisions, and assaults. Other causes include sports and recreational accidents and pediatric TBIs. Concussions can cause short and long-term physical, emotional, and cognitive harm.

At Smith McBroom, we hold drivers, property owners, construction site owners, and others accountable when they cause concussions, traumatic brain injuries, and other types of head trauma. We can help you seek compensation for all your financial and personal damages.

What is a concussion?

According to the Mayo Clinic, a concussion is a mild TBI that affects a victim’s brain function. A blow to the head or the body (which causes rapid movement of the head) is a common cause. The symptoms of a concussion can last for days, weeks, or longer. Some of the symptoms include:

• Physical symptoms such as nausea, headache, ringing in the ears, blurry vision, vomiting, dizziness (“seeing stars,”) confusion, and amnesia.
• Other symptoms such as temporary loss of consciousness, delays in responses to questions, slurred speech, and forgetfulness.

Some symptoms may be delayed. Children may have changes in sleep patterns, may cry excessively, and may exhibit other symptoms.

According to the Concussion Foundation,  a concussion can cause cellular damage that “can lead to chemical and metabolic changes within the brain, making it more difficult for cells to function and communicate. Given that the brain serves as the body’s central command center, the effects of a concussion can be extensive and lead to a range of physical, emotional, and cognitive changes.”

Delays in treatment can cause more serious problems.

How do doctors diagnose a concussion?

According to the Concussion Foundation, diagnostic tests include obtaining a patient’s medical history, conducting a physical examination, and neurological tests. CT and MRIs may be used to look for “damage to brain structures or a bleed, which can be lethal if untreated.” There is not one specific concussion test.

What are the long-term complications of a concussion?

According to the Mayo Clinic, the possible complications of a concussion include:

• Post-traumatic headaches for days or weeks.
• Post-traumatic vertigo – dizziness or spinning for days or weeks.
• Persistent post-concussive symptoms that last longer than expected. “If these symptoms persist beyond three months, they’re called persistent post-concussive symptoms.”
• Second impact syndrome, which involves experiencing a second concussion before the symptoms of the first concussion go away. This condition can cause rapid brain swelling, which may be fatal. It’s why athletes should never return to playing sports until there are no longer any residual symptoms.

According to the Concussion Foundation, roughly 20% of patients will experience persistent post-concussion symptoms (PPCS).

The Cleveland Clinic states that other complications from a concussion include:

• Bleeding inside your skull or brain (intracranial hemorrhage).
• Swelling in your brain (cerebral edema).
• Midline shift (your brain moving off-center inside your skull).
• Skull fractures.

Multiple concussions and other head injuries can also cause chronic traumatic encephalopathy (CTE), which affects brain function and communication. Multiple concussions can also increase the risk of memory loss, dementia, depression, and other mental health disorders.

The Cleveland Clinic also states that anyone who is an accident victim who thinks they may have a concussion should avoid taking any over-the-counter (OTC) pain medications until they see a healthcare provider. Many OTC medications thin the blood, which can be extremely dangerous if a victim has a brain bleed. Your doctor can advise you as to which medications are safe to take while you recover.

Legal options for concussion victims, including those from sports or accidents

We recommend that you speak with our seasoned personal injury lawyers for the following reasons:

• Medical care. We work with a network of neurologists and other medical professionals. We can review your current medical care and discuss whether you should speak with one of the doctors in our network of professional relationships. Prompt medical care after a concussion is critical.
• The investigation of the accident. We need to investigate the car accident, slip and fall accident, sexual/physical assault, or other incident to understand what happened and who is responsible. Our investigators need to speak with witnesses while their memories are still fresh. The sooner we meet with you, the sooner we can start the formal claims process.

Our Seattle personal injury lawyers can file claims against everyone responsible for your concussion or the concussion that a loved one such as a child suffers. We investigate the cause of the accident, formally question everyone with knowledge of the forceful blow or any other cause of the concussion, speak with the police if they investigate a car accident or are involved for any other reason, and work in other ways to prove a defendant is liable for a concussion.

Our lawyers also speak with your doctors (or the doctors we recommend) to fully understand the scope and severity of your injuries, including your medical bills, limitations on what you can do that you could do before the accident, your physical and emotional pain, and every other challenge you face. We also work with life planners if your injuries are catastrophic – expected to last for most or all of your life.

Understanding the challenges of proving traumatic brain injuries in court

Our work with your physicians includes preparing medical reports that can help show that your accident is the cause of your concussion and traumatic brain injuries. We also review when to have your doctors testify in person before a local Seattle jury.

At Smith McBroom, our lawyers have over 20 years of experience in trying personal injury cases in court and negotiating settlements with insurance companies. We’re ready to help you now. To schedule a free consultation, call us or complete our contact form.