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Can You Sue For Concussion?


Usually when we talk about injuries for which you go to court, we talk in very general terms. Such cases are classified as a personal injury case. In more specific instances, when we have much more concrete information about the nature of the injury, we can talk about the need for specialist lawyers that have experience in the more challenging, ambiguous cases, such as traumatic brain injury.

But there is another kind of injury, all too common, that can occur with a fall, a car accident, or even a game of football gone wrong. That injury is known as a concussion. And when if it should happen to you, there’s a chance that a court will stand up for your rights during such an incident.

What Is A Concussion?

First, let’s look at exactly the kind of injury we are talking about. A concussion is when your brain experiences some damage as a direct result of literally rattling around within your head and impacting itself against the skull. In the best case scenario, it is actually classified as a light form of traumatic brain injury. In this case, it is considered light because usually a concussion can be recovered from with no permanent side-effects that will affect a victim for the remainder of his or her life.

Any high kinetic impact, such as being caught in an automobile accident, falling and banging your head against something, or even being tackled in a football game too hard and getting some of that force applied to the head is a possible cause for concussion.

The Symptoms

With a concussion, there will usually be immediate symptoms as the injury occurs. The most immediate physical symptoms are usually loss of consciousness, headaches, nausea and vomiting, loss of physical coordination, dilation of the pupils, and even clear fluids leaking from eyes and ears.

On the mental side, there may be lingering symptoms such as memory loss—usually of events immediately preceding the actual injury—confusion, slurred speech, and noticeably different behavior such as agitation, anger or paranoia.

Medical Corroboration

In order to have a viable concussion case for personal injury, you need to be able to document proof. Obviously, as is the case with many injuries, a concussion can heal. However, if you have records from your doctor stating that the professional opinion is that a concussion occurred, was a direct result of the accident you were involved in, and has impacted your ability to live a normal life since the injury, you may be able to go to court with a personal injury case, making pain and suffering claims.

All of this, of course, should be handled with the guidance of an experienced accident lawyer who is familiar with the procedures for this type of case and is looking out for your best interests. Never attempt to handle a personal injury case yourself. It is an extremely complex process, and if you have suffered a head injury, such as a concussion, that’s all the more reason to leave it in the hands of professionals.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Can You Sue For Concussion?

Goldman Babboni Fernandez
Murphy & Walsh




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