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Concussions are a serious type of traumatic brain injury that can have lasting effects on an individual’s health and well-being. While the immediate symptoms of a concussion may resolve within a few days or weeks, the long-term consequences can be far-reaching and significantly impact one’s quality of life. If you have suffered a concussion because of someone else’s negligence or intentional actions, you may be wondering if you have the right to pursue legal action and seek compensation for your injuries.
An Atlanta car accident lawyer can help you explore the various aspects of concussion-related lawsuits. It’s beneficial to know when you may have grounds to file a lawsuit for your injury. At John Foy & Associates, you will know the best next step to take and can feel reassured as you’re working with a team that has fought to earn one billion for clients.
Possible Grounds for Suing for a Concussion
To have a valid case for suing for a concussion, you must be able to demonstrate that another party’s negligence or intentional actions directly caused your injury. This could include situations where a property owner fails to maintain a safe environment, resulting in a slip-and-fall accident, or when a driver causes a car crash because of reckless behavior behind the wheel. In some cases, a concussion may be the result of an assault or battery, which can also serve as grounds for a lawsuit.
Negligence is a common basis for personal injury lawsuits, including those involving concussions. To prove negligence, you need to show that the defendant owed you a duty of care and breached that duty. You will also need to prove that the individual directly caused your injuries. For example, a store owner has a duty to keep their premises reasonably safe for customers, and failing to clean up a spill or repair a broken step could constitute a breach of that duty.
Intentional torts, such as assault and battery, can also lead to concussions and provide a basis for a lawsuit. In these cases, you must demonstrate that the defendant deliberately acted in a way that caused you harm. For instance, if someone physically attacks you and you suffer a concussion as a result, you may have a valid claim against the attacker for assault and battery.
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Why to Consider Suing for a Concussion
Suffering a concussion because of another person’s negligence or intentional actions can have a profound impact on your life, both physically and financially. The decision to pursue legal action is a personal one, but there are several compelling reasons to consider suing for a concussion. By taking legal action, you can protect your rights and secure the resources you need to support your recovery.
- Recovering financial losses, such as medical expenses and lost wages
- Securing compensation for pain and suffering
- Holding the responsible party accountable for their actions
- Preventing future incidents by sending a clear message about the consequences of negligence
A concussion can result in significant medical expenses, including costs related to emergency care, diagnostic tests, and ongoing treatment. If your injuries have caused you to miss work or limit your ability to earn a living, you may also be facing lost wages and reduced earning capacity. Pursuing a lawsuit can help you recover these financial losses and alleviate the burden of unexpected expenses.
Long-Term Impacts of a Concussion
While some concussion symptoms may resolve quickly, others can persist for months or even years, significantly affecting an individual’s quality of life. These long-term effects can have far-reaching consequences that impact various aspects of a person’s daily life and overall well-being. The long-term effects of a concussion may include:
- Chronic headaches and migraines
- Memory problems and difficulty concentrating
- Changes in mood or behavior, such as increased irritability or depression
- Sensitivity to light and noise
- Sleep disturbances and fatigue
- Dizziness and balance issues
In some cases, a concussion can lead to the development of post-concussion syndrome, a condition characterized by ongoing symptoms that can interfere with daily functioning. This can make it challenging for individuals to return to work, school, or other activities they enjoyed before the injury. Seeking proper medical care and following a comprehensive treatment plan can help manage these symptoms and improve long-term outcomes.
Common Personal Injuries that Can Lead to a Concussion
Concussions can occur in various settings and as a result of many different types of accidents. While some people may associate concussions primarily with sports-related injuries, the reality is that any sudden movement or jolt to the head can cause this type of traumatic brain injury. Concussions can result from many types of personal injuries, including:
- Slip and fall accidents
- Motor vehicle collisions
- Sports-related injuries
- Physical assaults
- Workplace accidents
Slip and fall accidents are among the most common causes of concussions, particularly when the fall results in someone striking their head on the ground or another hard surface. Motor vehicle collisions involving cars, trucks, or motorcycles can also generate the sudden force necessary to cause a concussion. Contact sports, such as football, hockey, and boxing, carry an inherent risk of concussions due to the potential for hard tackles, collisions, and direct injury to the head.
Potential Forms of Compensation
When pursuing a lawsuit for a concussion, you should understand the various forms of compensation available to you. The specific types of damages you can seek will depend on the unique circumstances of your case, but generally, they fall into two main categories: damages that compensate you for financial losses and those that address non-financial losses. Potential forms of compensation in a concussion lawsuit may include:
- Medical expenses, including past and future costs related to treatment and rehabilitation
- Lost wages and future earning capacity if your injuries have affected your ability to work
- Pain and suffering, which accounts for the physical discomfort and emotional distress caused by your injuries
- Loss of enjoyment of life if your concussion has limited your ability to participate in activities you once enjoyed
When making an injury claim for punitive damages after an accident in Georgia, the defendant’s actions must be particularly reckless or intentional. This may involve compiling medical records, obtaining expert testimony, and calculating the long-term financial impact of your injuries. By presenting a comprehensive picture of the damages you have suffered, your personal injury attorney in Atlanta can negotiate with the defendant’s insurance company or argue your case in court to secure the compensation you deserve.
Contact a Dedicated Atlanta Personal Injury Attorney Today
When you or a loved one are suffering from a concussion, you should never waste any time. At John Foy & Associates, we are ready to help you tackle your case if your situation aligns. Contact us to start with a free consultation.
404-400-4000 or complete a Free Case Evaluation form