Can I File a Claim for a Concussion After an Accident?

woman with a headacheMillions of Americans suffer concussions every year. These types of injuries are common in auto, slip and fall, and other types of accidents caused by someone else’s negligence. Medical bills for a concussion can quickly add up, and the insurance company is likely going to try and deny liability to avoid covering those costs.

If you suffered a concussion due to someone else’s negligent actions, you may be eligible to pursue compensation for your damages. Contact our attorneys in Fort Worth for legal help. We are prepared to help you file a claim, and we always seek maximum compensation for our clients. Your initial consultation is free and there are no upfront fees.

Below, we discuss some causes and symptoms of concussions and how to prove another’s negligence caused your accident and resulting injury.

What Could Cause a Concussion?

A concussion is considered a minor traumatic brain injury, according to the Center for Disease Control and Prevention (CDC). However, there is usually nothing minor about a concussion. The effects on a person’s health can be significant, especially if left untreated.

Concussions occur when the brain is rattled inside the skull. This can be due to a hard blow, bump or jolt to the head. Violent shaking of the head caused by a hard hit to the body could also result in a concussion. Common types of accidents that could cause concussions are motor vehicle collisions or a slip and fall. If a person slips, his or her head could strike a hard surface on the way down or when hitting the floor.

Can a Minor Accident Result in a Concussion?

The brain is an extremely sensitive organ that requires maximum protection, usually provided by your skull. Therefore, even a minor accident that results in the jolting of your head could result in a concussion.

What Are the Common Symptoms of a Concussion?

One of the most well-known symptoms of a concussion is the loss of consciousness after a blow to the head. While this could be an indicator of a concussion, it is not the only one. Victims who suffer a concussion also do not always pass out. In fact, most people who suffer a concussion never lose consciousness.

Concussions can, however, result in difficulties with cognitive functions, such as:

  • Retaining new information
  • Thinking clearly
  • Concentrating
  • Feeling slow

Some of the physical symptoms of a concussion include:

  • Headaches
  • Nausea
  • Balancing issues
  • Dizziness
  • Fuzzy or blurry vision
  • Vertigo
  • Feeling overly tired
  • Light and noise sensitivity

Mood and sleep disturbances are also common symptoms, such as:

  • Depression
  • Irritability
  • Nervousness
  • Anxiety
  • Sleeping more than usual
  • Trouble falling asleep

Most injury victims who have suffered a concussion may experience some or all of these symptoms, depending on the severity of the injury. Some symptoms may appear right away, but others may not display for days, weeks or even months after the accident. Seeking medical care immediately can help to ensure you receive the care you need as soon as possible.

What Evidence Can Help Prove I Suffered a Concussion?

To be able to recover compensation for a concussion, you need to be able to link it directly to the accident caused by someone else’s negligence. If you sought medical care, your medical records should have a detailed diagnosis from your doctor, along with his or her opinion about the likely cause of the concussion. Typically, it is easier to prove causation for a concussion when the injury victim seeks medical treatment either the same day or the day after the accident.

Diagnostic tests ordered by your doctor will also be in your medical records. The results of these tests should help provide additional evidence that you suffered a concussion and may include:

  • Vision/hearing tests
  • Strength/reflex tests
  • Balance/coordination tests
  • Imaging tests (CT scans, MRI)
  • Cognitive tests (memory, concentration)

Testimony from your doctor should also help strengthen the claim that you suffered a concussion.

The liable insurance company may work with another doctor who may try to claim that you did not suffer a concussion or that it was caused by some other incident not related to the accident. They do this to try and avoid financial liability.

What Are My Options if the Insurance Company Denies Liability?

If the insurance company tries to deny liability for your concussion damages, our attorneys are prepared to help you file a lawsuit and prepare your case for trial. This means conducting witness interviews and requesting important documents from the liable party to help prove his or her negligence directly caused your injuries.

Most insurance companies are willing to accept liability and offer a settlement to avoid going to court, so it is important to have an attorney on your side who is ready and willing to file a lawsuit to pursue maximum compensation.

Call Us Today

The insurance company is going to look out for its own best interests, so you need a Fort Worth car crash lawyer who is looking out for yours during your concussion injury claim. Since our attorneys are only paid if we win, your interests are the same as ours.

For decades, the attorneys at Anderson & Cummings have been helping injury victims recover the compensation they need for medical bills, lost wages and other damages. We are prepared to help you do the same.

Call (817) 920-9000 to schedule a free consultation.

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