Concussion Injury
Concussions are forms of traumatic brain injuries (TBIs). They are often referred to as mild brain injuries. However, a concussion is medically defined as a transient disturbance of brain function caused by trauma. When you consider that a concussion disrupts normal brain function, there is nothing “mild” about this injury.
A concussion can cause severe cognitive impairment. It can also result in physical and emotional disabilities. Keep reading to learn more about concussion injuries and the compensation you may receive if another party causes your head trauma.
What Are the Common Causes of Concussions in Louisiana?
Concussions often result from blunt force trauma to the head from a jolt, bump, or blow. However, you can also sustain a concussion without physical contact with your head.
A strong jolt to the body can cause a whipping motion of the neck, resulting in whiplash. This can cause the brain to “bounce around” within the skull, striking the skull in multiple places. Each time the brain hits the skull, it can cause severe damage to the brain tissue.
Common causes of concussions include, but are not limited to:
- Car accidents, including rear-end crashes
- Slips, trips, and falls
- Playing sports
- Bicycle and pedestrian accidents
- Assaults and violence
- Recreational activities
- Motorcycle accidents
- Explosions and blasting
- Nursing home abuse
- Truck accidents
- Workplace accidents
If you’ve sustained a concussion in the past, you are more likely to suffer a mild TBI if you are involved in an accident or suffer a head injury. The risk of permanent injuries can increase with repeated concussion injuries.
What Are the Potential Symptoms of a Concussion Injury?
Knowing what symptoms to watch for after a head injury is important.
Common concussion symptoms include:
- Temporary loss of consciousness, which is not required to sustain a concussion
- Dizziness
- Blurred vision
- Headaches
- Ringing in the ears
- Drowsiness or fatigue
- Vomiting
However, concussion injuries may present other symptoms. For example, you may be confused, or your coordination may be impaired. You might also be forgetful or have slurred speech.
Delayed concussion symptoms are common. You may experience symptoms of a concussion in the hours or days following the injury or accident. Following a head injury, you may notice you are sensitive to light or sound, have trouble concentrating, and experience sleep problems. Sometimes, a person might have changes in taste or smell and exhibit personality changes.
Concussion symptoms vary in children. They may have any or all of the above symptoms, but they may also lose interest in their favorite activities, have a change in sleep/eating patterns, and cry excessively.
Prompt medical treatment is the key to protecting your health and personal injury claim. It is always wise to be checked by a doctor whenever you sustain a head injury or are involved in an accident. It is crucial that you seek immediate medical attention if you have symptoms of a mild TBI or your symptoms worsen.
How Long Does It Take to Recover From a Concussion Injury?
Generally, someone with a mild concussion who does not have any complications or severe medical conditions recovers within a few weeks after the injury. In many cases, concussion symptoms disappear with rest and time.
However, some individuals may experience post-concussion syndrome. This condition occurs when a person has concussion symptoms that last for more than two months.
It is unknown why some people might develop post-concussion syndrome. However, repeated head injuries and other complications could increase the risk. If you continue to experience concussion symptoms after a few weeks or the symptoms worsen at any time, you should see a doctor immediately.
What Compensation Can I Recover for a Concussion Injury in Louisiana?
If another party caused your concussion injury, you may be entitled to compensation for economic and non-economic damages.
The potential damages in a concussion injury case include, but are not limited to:
- Medical bills and expenses
- Occupational, vocational, and physical therapy
- Mental anguish
- Impairments and disabilities
- Loss of enjoyment of life
- Out-of-pocket expenses
- Physical pain and suffering
- Lost wages and benefits
- Diminished quality of life
- Emotional distress
- Long-term nursing/personal care
- Reduced future earning potential
- Disfigurement and scarring
The value of your damages depends on the facts of your case. Generally, the more severe the injury and impairments, the higher the value of the damages. However, other factors could decrease how much you receive for a concussion injury, including comparative fault.
How Does Shared Fault Affect a Concussion Injury Claim in Louisiana?
Louisiana uses a pure comparative negligence standard for personal injury damages. Your contributions to the cause of your concussion injury are a factor when evaluating the amount of compensation you receive.
Suppose that you sustained a concussion injury in a car accident. The jury determined that the other driver was 90% to blame for causing the crash, and you were 10% at fault.
The jurors award you $250,000 for damages. However, because you were 10% to blame for causing the collision, the judge reduced your damages by 10% or $25,000.
Insurance companies often try to shift the blame for an accident or injury to the victim to reduce their liability for damages. If you are being blamed for contributing to the cause of your concussion injury, contact an attorney for help.
What Is the Statute of Limitations for Concussion Injury Lawsuits in Louisiana?
Louisiana has a two-year statute of limitations for personal injury cases effective 7/1/2024. For injuries occurring before that date, you have one year from the injury date to file a lawsuit. You lose your right to pursue a legal claim if you miss the deadline.
There are few exceptions to the statute of limitations for negligence claims. It is in your best interest to seek prompt legal advice regarding your case to avoid losing your rights.
Contact a Baton Rouge Personal Injury Lawyer For Help With Your Concussion Injury Case
Call Palmintier Law Group for a free consultation at (225) 344 3735 to discuss your case with a Baton Rouge concussion injury lawyer. You deserve fair compensation for your injuries, but the insurance company may not agree. Having an experienced lawyer on your side can mean the difference between winning and losing your case.