What are Concussion Injury Claims?

If you or a loved one has suffered a concussion caused by a third party, you may have the opportunity to pursue fair compensation through a concussion injury claim. A monetary recovery can help cover costs associated with your injuries and help relieve some of the financial burden.

When filing a concussion injury claim, there are several details to consider, including what caused your accident and how much your case is worth. Fortunately, an experienced brain injury attorney can handle your claim on your behalf, working diligently to get you a favorable case result.

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Concussions are Some of the More Common Kinds of Brain Injuries

A concussion is a type of traumatic brain injury (TBI). These brain injuries are caused by a hit, bump, or jolt to the head or neck. When this happens, it causes the brain to move rapidly back and forth within the skull, causing injury. Concussions often affect the brain’s function, and can do so in both the long and short term.

Many medical professionals classify concussions as “mild” brain injuries because they’re not typically life-threatening at first. Still, concussions can be quite serious in many cases and negatively affect a person’s life for a long time, despite a “mild” diagnosis.

How Concussions Happen

Concussions, like other traumatic brain injuries, are regularly the result of certain types of accidents and intentional behavior, including, but not limited to:

• Falls, including slips, trips, and falls from heights
• Collisions, including car, truck, and motorcycle accidents
• Defective or malfunctioning products
• Acts of violence

Concussions can occur purely from accidents that are nobody’s fault, but in many cases, these injuries are the result of wrongful actions or omissions. When this occurs, victims may have the chance to recover compensation.

Recognizing the Signs of Concussions

It can be difficult to pinpoint the signs and symptoms of a concussion. Often, a concussion can result in clear symptoms, like loss of consciousness. Sometimes, though, the symptoms of this brain injury are not apparent until hours or even days after the injury occurs.

Some of the common signs that can indicate a concussion include:

• Confusion or amnesia
• Headache
• Nausea and/or vomiting
• Vision changes
• Slurred speech
• Changes in behavior
• Trouble sleeping
• Sensitivity to light and sound

After an accident, seeking medical attention as quickly as possible is always recommended. Even if you don’t believe you’ve suffered any harm, it’s best to allow a medical professional to examine you. Getting medical help sooner rather than later can help discover the injury quicker than you might have on your own, and allow you to get proper treatment.

The Dangers of Long-Term Consequences After Suffering a Concussion

It is entirely possible to fully recover from a concussion injury. However, in certain cases, sustaining a concussion puts victims at risk of lasting complications.

Common consequences of concussion injuries include, but are not limited to:

• Persistent headaches
• Vertigo
• Post-concussive syndrome
• Balance issues
• Ringing in the ears
• Issues with sleep
• Emotional changes, including anxiety and depression

These complications may eventually resolve but can take time. Meanwhile, your lifestyle, work, relationships, and social life can suffer.

The Legal Aspects of a Concussion Injury Claim

A personal injury lawyer is your legal ally throughout your pursuit of fair financial recovery. The journey to compensation features many stops, requiring you to establish and prove certain details.

The following are some of the most important aspects of a concussion injury claim that are necessary to obtain favorable recovery.

Determining Cause

First and foremost, you must determine what caused your concussion injury. Did you sustain your injuries in a car accident or a slip and fall? Perhaps you suffered an injury after using a malfunctioning product? It’s necessary to figure out the root cause of your injury, as this can assist with proving fault.

Establishing Liability

It is not enough to point the finger and claim a party was liable – you must show their fault. Doing so is based on the theory of fault for your case.

In a majority of cases, concussion injuries are the result of negligence. When a party is negligent, it means their actions or omissions did not align with those of a reasonable person in a similar situation.

To prove negligence, you must satisfy the elements of negligence. You must show the following:

• Duty: The other party owed you a duty of care. So, for example, if your concussion occurred in a car accident, you must show the other driver owed you and other drivers a duty to drive responsibly.
• Breach: The other party breached their duty of care. If your accident resulted from, for instance, distracted driving, you can demonstrate the other driver breached the duty owed to you.
• Causation: The other party’s wrongful actions were the actual and proximate cause of your collision.
• Damages: You suffered tangible and intangible losses due to your car accident.

Establishing fault can be challenging in some cases. Your injury lawyer may need to investigate the incident that caused your concussion and acquire all available evidence to successfully prove the other party’s liability.

Potential Damages

One of the most important parts of a concussion injury claim is determining the extent of your damages. The damages you’re entitled to receive are based on the details of your case but can include both economic and non-economic damages.

Your damages can include:

• Past and future medical expenses, including ambulance transportation, emergency room visits, and treatment
• Lost earnings
• Loss of earning potential
• Pain and suffering
• Emotional distress

Having a lawyer calculate your damages can help you get the most out of your concussion injury claim. If not, you risk settling your case for much less, or worse, not recovering anything at all.

What to Expect During a Concussion Claim

It can be difficult to picture going through a concussion injury claim, especially if you’ve never gone through the claim process and don’t know what to expect. When you discuss your case with an injury lawyer, they can give you qualified advice, address your concerns, and give you direction and guidance to better understand what’s in store.

Determining how to pursue compensation starts by reviewing the specifics of your situation. In certain cases, like vehicular collisions, the other party may be covered by insurance. If so, you may begin by filing an insurance claim.

Depending on your state’s fault laws, you may either file a claim through the opposing party’s insurer, called a third-party claim, or your own insurance, called a first-party claim. If you file a first-party claim and the other party is at fault, your insurance company can pursue reimbursement from the at-fault party’s insurer.

Your insurance claim’s outcome depends on several factors, including policy limits and the insurer’s decision to deny or approve your claim. If you can fairly settle your case with the insurer, you can move on, as there’s no need to take further action.

However, settling with the insurance company is not often easy or straightforward. Therefore, you may need to file a personal injury lawsuit. Also, if your case does not involve an insured party, your best choice for compensation may involve filing a personal injury lawsuit in court.

Filing a personal injury claim in court can prolong the process, but it allows you the chance to continue your pursuit of favorable monetary recovery. Most personal injury cases settle outside of court, but if a fair settlement is impossible, your lawyer can take your case before a judge to make the final decision.

Regardless of your situation, you can rely on your attorney to determine your case’s best course of action and fight diligently to reach the most beneficial outcome. Your injury lawyer will be there every step of the way, so you’re never alone in your struggles.

Is there an “Average” Settlement for Concussion Injury Claims?

It’s not uncommon to focus on the finish line of your concussion injury claim and question how much compensation you’ll be entitled to recover. For this reason, you may wonder whether there is an “average” settlement for these types of claims, as this can give you a better idea of what you might anticipate.

Simply put, there is no “average” you can expect to receive. Every case is different, featuring unique details. Therefore, it’s necessary to look at the specifics of your case to assign a proper value.

It’s important to understand there are no guarantees for your concussion claim. Nonetheless, after thoroughly reviewing your case, your personal injury lawyer can give you a better idea of how much your claim is worth and work to recover full and fair compensation.

Factors Impacting the Value of Concussion Claims

To properly calculate your damages, your personal injury lawyer must review certain details that strongly impact the value of your case. Some of the factors that affect how much your case is worth include:

• The severity of your injuries, including your concussion and any other type of injury you sustained
• The total cost of your medical treatment
• Whether you’ll require medical care in the future
• How your injury has impacted your lifestyle
• Whether your injuries have affected your ability to work
• The total of your lost earnings
• The mental and emotional changes you’ve experienced as a result of your injuries

By considering these and other details, your attorney can more accurately determine what damages you can pursue. By understanding the value of your case, your lawyer can pursue the compensation you’re owed for the wrongs done unto you.

Helpful Evidence to Strengthen Your Concussion Injury Claim

Throughout your case, you and your lawyer can acquire evidence to help build and strengthen your claim. Evidence that’s often used in concussion injury claims includes:

• Photos and videos
• Police reports
• Medical records and bills
• Surveillance and traffic cam footage
• Witness statements

Evidence can provide answers to key questions, such as those involving cause and liability, and assist in your recovery of fair financial recovery. Your personal injury lawyer will need to provide evidence of your losses for an insurance company to agree to cover them.

The Benefits of Hiring a Personal Injury Attorney for Your Concussion Claim

You have every right to handle your own concussion injury claim. Nonetheless, once you understand the advantages of hiring a lawyer, you’ll see why having an attorney on your side can yield much better results for you.

An injury attorney has the skills and experience necessary to handle your claim in a timely and proper manner. Hiring a lawyer gives you the best chance of obtaining the compensation you deserve for your injuries. An attorney can navigate your claim on your behalf and represent your best interests from beginning to end.

Brain Injury Lawyer in Denver, Keith Fuicelli

When you suffer injuries as a result of another’s wrongful actions or inaction, do not hesitate to discuss your case with a qualified injury attorney. A lawyer can give you the calm and peace of mind you need during a turbulent time while protecting your rights to a fair recovery.

Seek your free consultation today. The personal injury law firm in Denver is ready to support you.