What Is a Minor Concussion?
Request Free ConsultationMedical professionals widely regard concussions as a mild form of brain injury. But while brain injuries do vary in severity from mild to extreme, there really is no such thing as a minor brain injury.
The truth is that all concussions, even those that may be diagnosed as “mild” or “minor,” involve damage to the brain caused by a blow to the head or violent jarring motion.
Because the brain is responsible for everything from basic motor functions to memory, we cannot consider any injury to this vital organ mild.
According to the U.S. Centers for Disease Control and Prevention (CDC), every traumatic brain injury (TBI), including concussions, must be taken seriously. So when you ask, “What is a minor concussion?” after suffering a head injury in a car accident, slip and fall, or another incident, you might ask an equally important question, “What are my legal options if doctors diagnosed me with a minor head injury?”
If you are in Colorado, a Longmont traumatic brain injury lawyer with Fuicelli & Lee in Denver can explain your legal rights and options for pursuing compensation for your injuries and other damages.
The Range of Traumatic Brain Injuries
The CDC defines concussion as a type of traumatic brain injury that can occur when your head experiences a rapid impact or jolt. This movement can interrupt or damage the brain’s neurons and axons, the nerve fibers that carry signals between your brain and body.
Once an injury disturbs these pathways, you may face headache, concentration problems, memory loss, or cognitive problems.
While some people recover relatively quickly, others may have lingering effects that require ongoing medical attention.
TBIs, including those described as mild concussions, share some common signs and symptoms.
These include:
- Headaches or migraines
- Dizziness or balance issues
- Sensitivity to light or noise
- Memory or focus problems
- Mood swings, such as irritability or sadness
- Sleep disturbances
Even a minor concussion can upend your daily routine, making simple tasks feel exhausting or confusing. You might struggle to drive, keep track of your bills, or complete work tasks. Loved ones may notice you are withdrawn or anxious. If not properly treated, symptoms of a minor concussion can worsen.
Any form of TBI, including a concussion, can derail your finances. Medical bills, therapy, and ongoing care all cost money. You might lose income if you cannot work at full capacity. If another party’s negligence caused your injury, their insurer should bear these expenses, not you.
Legal action can help offset treatment and wage loss, among other damages. While money cannot erase the injury, it can ease the financial strain, giving you the time and the space you need to recover.
Why Minor Is a Misleading Term for Head Injuries
After suffering an accidental blow to the head, your doctor may diagnose you with a concussion. They may classify your injury as “mild,” “moderate,” or “severe.”
These terms are used to classify a brain injury diagnosis based on the Glasgow Coma Scale, which is based on the initial presentation of symptoms at the hospital or the accident scene.
However, while the CDC and other authorities acknowledge that the word “mild” does not automatically translate to short-lasting or less serious results, they still commonly use those terms to describe concussions and other forms of TBI.
Diagnosis Does Not Equal Prognosis
Mild concussions, like all traumatic brain injuries, are among the most elusive types of injuries. They are usually invisible to medical imaging and present with unpredictable symptoms. A mild concussion diagnosis does not tell you how your injury will affect your life in the long run.
You may find yourself experiencing dizziness, cognitive fog, and headaches for weeks after the incident, even if an EMT, emergency room physician, or family doctor described your concussion as mild.
Conversely, a person diagnosed with a moderate or severe concussion or TBI may recover more quickly than expected. Every brain injury case differs.
Doctors usually rely on symptom reports and behavioral changes to diagnose head injuries. They may also look for external signs, such as confusion or poor balance. Family members and friends can provide important observations about your concentration, mood, or memory. If your symptoms are mild, your physician may diagnose you with a minor concussion.
However, never assume your injury is not serious enough. Doing so could turn into a very costly mistake, medically, legally, and financially.
Using terms like “mild” or “minor” can encourage you—and insurance adjusters—to treat your concussion as insignificant. You might decide against additional tests or assume you have no legal claim. Insurers often highlight a “mild” label to reduce payouts, insisting your concussion should not require more than basic care.
With the right legal guidance, you can fight back against those claims. You can pursue damages for ongoing symptoms and associated medical expenses, job disruptions, and other damages. There is no way to tell whether a mild concussion could lead to serious symptoms in the future, but prepare for the possibility. Never let an insurance company trivialize your injury.
The Dangers of Repeated Head Impacts
Many people automatically associate chronic traumatic encephalopathy (CTE), the degenerative brain disease associated with football players who’ve suffered multiple concussions.
However, current research suggests that repeated microtrauma—impacts that do not always meet the technical definition of a concussion—can also lead to CTE. An athlete or worker who never reported a single “official” concussion could still develop this degenerative condition over time.
If your job or environment exposes you to repeated jolts or hits, you might face serious long-term health problems even without a formal concussion diagnosis. If someone had a responsibility to prevent those dangerous conditions and failed, you may have a legal claim.
A knowledgeable attorney can examine whether you can hold that party liable for your brain injury.
Possible Compensation for a Minor Concussion
If your concussion resulted from an accident caused by someone else’s negligence or wrongdoing, whether from a car accident, slip and fall, or some other kind of accident, you may seek compensation for damages such as:
- Lost wages or income
- Diminished earning capacity
- Medical expenses
- Emotional distress
- Physical pain and suffering
Every case is different. The damages you can claim depend on the extent of your injuries and how they affect your life. While minor concussions may not warrant major damages in most cases, never undervalue them, either. Even with proper care and plenty of caution, the symptoms of a concussion can worsen and pose problems later in life.
Proving Negligence in a Personal Injury Claim
If someone else’s negligence caused your concussion, you deserve a fair chance at compensation. In most personal injury cases, the law requires you to prove four elements of negligence.
These are:
- Duty of care: The at-fault party was responsible for acting safely and reasonably, such as obeying traffic laws or removing snow and ice from stairs and walkways within a reasonable timeframe.
- Breach of duty: The at-fault party failed in their duty through negligent or reckless behavior, like speeding or ignoring a slippery spill in a grocery store aisle.
- Causation: Their negligent actions or inactions caused your injury. Without their breach, you would not have been hurt.
- Damages: Because of their negligence, you incurred actual harm, such as medical bills, lost income, or pain and suffering
If your case meets these requirements, you can file a personal injury claim for monetary damages.
How to Begin a Personal Injury Claim
If you suspect you have a concussion—or any other injury—caused by someone else’s negligence, you may feel overwhelmed or confused about what to do next. Your road to recovery involves taking small but important steps that can make a significant difference in the outcome of your case and even your health.
Seek Medical Attention
Many car accident victims walk away from an accident with what they thought were minor injuries only to realize that they feel progressively worse instead of better. This is particularly true for injuries like concussions that are invisible and other internal injuries.
Always seek medical attention after an accident, even if your symptoms feel minor. A medical professional evaluation can detect potential complications and lay out the best path for your recovery. Your visit to the ER or doctor also creates a record of your injury, which will be invaluable if you decide to pursue a claim.
Document Everything
Gather and keep all documentation related to your injury, including:
- Medical bills and records
- Receipts for prescriptions and other treatments
- Notes about your symptoms and daily limitations
- Proof of missed work (dates and wages lost)
Consult a Personal Injury Lawyer
Once you receive a medical exam, contact a personal injury lawyer in your area. After the law firm’s initial evaluation of your case, you should consult an experienced brain injury lawyer who will discuss your rights and your legal options.
Your lawyer will also handle all communications with the at-fault party’s insurance company to protect you from unfair settlement offers and other attempts to minimize your claim.
What to Expect from Your TBI Lawyer
The lawyer you choose will be your advocate throughout the legal process.
They serve many functions, including:
- Investigating your incident by examining police reports, witness accounts, and any photographs or videos of the accident scene.
- Coordinating with your physicians to understand the severity of your concussion and how it may affect you in the future.
- Negotiating with insurance adjusters who may attempt to trivialize your concussion and devalue your claim. A lawyer can advocate for a fair outcome.
- Preparing for trial if the insurer refuses to offer you a fair deal. Usually, the prospect of going to trial is enough to motivate the insurance company to settle fairly, but if it’s not, your attorney should have trial experience and feel comfortable in the courtroom.
Fuicelli & Lee’s Personal Connection to Traumatic Brain Injuries
Selecting a law firm for your personal injury case is a major decision. At Fuicelli & Lee, our founding partner, Keith Fuicelli, brings firsthand experience and knowledge of what it’s like to grapple with a life-altering brain injury.
In 2007, a car struck Keith while he was crossing the street, causing him to suffer catastrophic injuries, including a traumatic brain injury. He was resuscitated at the scene, put on life support, and remained in a coma for two weeks. His full recovery from the injury took two and a half years.
Keith knows that a TBI is much more than a doctor’s diagnosis or a line in your medical file. It can unravel your sense of self, interfere with your relationships, and sideline you from your career.
He often talks about the mental and physical uncertainty he endured and how that empathy drives his dedication to clients. That empathy and commitment to helping clients move forward with serious injuries are principles that guide our firm.
When you work with Fuicelli & Lee, you will be backed by a team of personal injury lawyers that:
- Recognizes every client’s life and future are intertwined with their case
- Understands the real-world struggles of individuals with concussions and other TBIs
- Treats you with respect and compassion
- Remains unwaveringly committed to obtaining the full, fair, and complete compensation you deserve.
We stay in contact throughout the legal process. To us, you are not just another client or case number; you are part of the Fuicelli & Lee family.
Contact Fuicelli & Lee for Help with Your Concussion Injury Claim
Coping with a concussion can be frustrating and challenging, no matter how seemingly minor it may be. You may hope symptoms will vanish on their own or worry about the complexity or expense of taking legal action.
With Fuicelli & Lee on your side, you should worry about neither. We will handle your concussion injury claim to make it as effortless for you as possible, giving you the time and rest you need to recover.
We also work on a contingency fee basis, so you pay nothing for our services unless we successfully resolve your case. We keep an open line of communication so you always know how your case is progressing and what you can expect further down the road.
Call Fuicelli & Lee today at (303) 444-4444 or contact us online to arrange a free consultation with one of our experienced personal injury attorney.