Unfortunately, when the brain is violently jarred, or you suffer a severe blow to the head after a collision or slip-and-fall accident, it may result in a traumatic brain injury (TBI). A TBI is a condition where brain tissue is damaged, affecting normal brain activities. Suffering a TBI can range from minor to severe, depending on the type of TBI sustained. One of the mildest forms of a TBI is a concussion. Although they are often considered minor, their consequences can cause irreversible brain damage that negatively impacts a person’s life. As such, many injured parties wonder whether they have the right to sue for the damages they’ve incurred due to a concussion. Please continue reading to learn whether you have the right to pursue legal action for a concussion and how a skilled New York City & Westchester County Personal Injury Attorney can help you consider your legal options.
WHAT IS A CONCUSSION?
Firstly, there are three main types of TBIs: mild, moderate, and severe. A concussion is classified as a mild TBI. Concussions are caused by a blow or jolt to the head or a hit to the body that causes the brain to collide with the inside of the skull. This type of TBI can affect your brain function.
Many people associate concussions with sports injuries, as many football players suffer concussions from forcefully colliding with one another during a game. However, concussions can be brought on by various types of accidents. Auto accidents commonly result in TBIs due to the intense force of impact, causing blows to the head or violent back-and-forth movement of the body.
Symptoms may not be evident right away. They may include nausea, vomiting, memory problems, headaches, light sensitivity, balance problems, blurry vision, dizziness, confusion, loss of consciousness, and concentration issues. If you experience any of these symptoms, seek immediate medical attention.
CAN I SUE FOR A TBI?
You may be entitled to significant compensation if you have suffered a concussion due to another party’s negligence. Essentially, you have the right to pursue legal action to seek monetary compensation for your damages. However, they must fulfill the burden of proof. This means that you must prove that the at-fault party had a duty of care to keep you safe, they failed to exercise reasonable care, infringing on their standard duty of care, and this breach of duty brought on your injuries. If you can satisfy the burden of proof, you will maximize your chances of recovering monetary compensation for your losses.
If you or a loved one has suffered a concussion due to someone else’s negligence, you need a determined attorney from The Bàez Legal Group, who can help you recover the rightful compensation you deserve.