Can I Sue for a Concussion?

April 30, 2020 Traumatic Brain Injuries

If you or a loved one has suffered a blow to the head that resulted in a bad concussion, you may wonder, “can I sue for a concussion?” You may be able to sue for damages if the injury was someone else’s fault. A concussion is a head trauma that causes an alteration in your mental state. It may be easy to recover from a mild concussion, where symptoms are temporary and rarely last for more than 15 minutes. However, if the concussion is severe, it can cause a much more serious traumatic brain injury (TBI). The results may be permanent brain damage requiring a lifetime of care and expenses.

The purpose of a concussion lawsuit is to provide compensation to cover the costs of necessary care and medical bills and to provide restitution for the pain and suffering and loss of quality of life victims and their families must endure. Texas personal injury law is complicated, however, and insurance companies will attempt to get you to accept the lowest settlement possible, so trying to get just compensation is not something you should attempt without legal assistance.

At Terry Bryant PLLC, we have lawyers who have experience with brain injury cases, including concussions. We understand the difficulties concussion victims face and are here to help you navigate the legal hurdles and get you the compensation you deserve. We provide a free, no-obligation consultation to examine the facts of your individual situation and show you how we can help.

You pay nothing unless and until we win for you, so call us today at (713) 973-8888, or toll-free 1 (800) 444-5000.

When Can I Sue for a Concussion?

When someone else’s negligence or fault results in your having a concussion, you can sue the negligent party for the losses that resulted. A concussion can cause devastating long-term life-altering health concerns and recurring medical bills, pain, lost wages, and inability to work in the future. A serious concussion affects not only the victim, but the victim’s family, who may have to bring a lawsuit on the victim’s behalf if injuries are too severe.

Effects of a severe concussion may include:

  • Loss of cognitive ability and ability to reason, remember, and think clearly
  • Loss of motor skills, balance problems, dizziness
  • Communication and speech problems
  • Emotional issues such as anxiety, aggressiveness, mood swings, and personality changes
  • Seizures
  • Persistent loss of consciousness, coma, and vegetative or semi-vegetative state.

Compensation in a Lawsuit for a Concussion

In a successful lawsuit, you may be awarded money for both your monetary costs, called “special damages” (or economic damages), and your non-economic damages, called “general” damages. For example, if a concussion left you needing permanent nursing care, economic damages would cover the cost of medical bills and therapy, but non-economic damages would compensate you for the past, present, and future pain and suffering that resulted.

  • Economic, or Special, Damages
  • Special damages cover the cost of your bills for medical care and other calculable expenses, including:

    • Past, present, and projected medical and rehabilitation expenses
    • Lost wages, both current and projected into the future
    • Property damages; for example, to cover car repair or replacement if the injury was from a vehicle accident.
  • Non-economic, or General, Damages
  • General damages are to compensate you for losses that do not have a specific dollar value but negatively affect your life. These may include:

    • Physical, mental, and emotional pain and suffering, anguish, anxiety, and stress
    • Loss of companionship and consortium
    • Physical impairment, and temporary or permanent limitations on activity
    • Disfigurement and scarring
    • General inconvenience and loss of quality and enjoyment of life
    • Injury to reputation.

    To qualify for non-economic damages in Texas, you must have had physical injury and costs. It is not enough to be emotionally traumatized by the accident.

  • Punitive damages

In rare situations, where the concussion was caused by actions that were wantonly reckless and negligent, you may also be awarded punitive damages. Texas statutes put caps on the amount of punitive damages.

At Terry Bryant Law Firm, we will take all necessary steps to get fair compensation for you and your family. Call us at (713) 973-8888 or (800) 444-5000 today.

How to Prove a Concussion Case

To win your concussion lawsuit, our attorneys would have to prove that someone else was negligent and at fault for causing the accident that led to the concussion.

This means that . . .

  • The negligent party had a duty of care not to harm you.
  • They violated that duty of care.
  • This violation was related to causing the concussion.
  • You suffered damages as a result.

Examples of negligence that could lead to a concussion include:

  • A property owner who failed to fix a broken staircase, and a slip-and-fall head injury resulted
  • A driver who ran a red light and caused a crash with resulting head injuries.

Any failure to uphold the duty of care can be considered negligence, and the at-fault party could be held liable for any resulting injuries. To prove negligence, our attorneys will gather evidence including:

  • Witness statements to corroborate what happened
  • Police, ambulance, hospital, and accident reports
  • Photographs and videos of the accident scene
  • Physician statements of your condition and treatment
  • Expert reconstruction of the accident.

Evidence is used to show your damages, your need for medical treatment, and your pain and suffering, and also to prove that you did not have concussion symptoms before the accident.

Relevant Texas Laws

Texas has laws that will affect your personal injury case. These include:

  • Statute of Limitations – For personal injury matters in our state, generally, there is a time limit of two years after the date of the accident to file a lawsuit in court. If you miss this deadline, the courts are likely to dismiss your case completely. ***For the exact statute of limitations and other deadlines for your claim, you must speak directly to an attorney.***
  • Modified Comparative Negligence – Even if you partially contributed to the accident, as long as you are found to be less than 50% at fault, you may still collect compensation based on the proportion of fault for which the other party was responsible.

Call Our Texas Concussion Lawyers for Help

The compassionate personal injury lawyers at Terry Bryant are here to take the burden off you by handling all aspects of your case. This includes filing everything properly, negotiating with insurance companies and their lawyers, gathering evidence and obtaining expert testimony to prove you were not responsible, and taking your case to court if necessary.
Don’t delay. Contact the accident and injury law office of Terry Bryant to schedule a free case evaluation at (713) 973-8888 today. We have a No Fee Guarantee.