When the brain is violently jarred or you suffer a severe blow to the head, the result is a concussion. Suffering a concussion can alter brain function and is one type of traumatic brain injury (TBI), and their consequences can range from minor to severe, with the latter sometimes resulting in irreversible brain damage.
When you have suffered a concussion as the result of another party's negligence, you could potentially sue them in a New Jersey courtroom for damages. However, it is dependent on whether their actions directly resulted in your injury.
While a concussion injury follows the same rules as a personal injury case, there is specific information you should know. Read on to find out what to know about concussions, when you can sue and more.
Of course, every case is unique, which is why it's important to call a New Jersey brain injury lawyer who can give you answers. We can do this for you in a free consultation with Brandon J. Broderick, Attorney At Law. We will help explain your legal options for pursuing financial compensation.
Common Causes for Concussions
Cerebrospinal fluid serves as a protective cushion for the brain, preventing damage from common impacts you may experience. But if you get into a serious accident, the force involved could cause your head to speed up or slow down quickly. A concussion can occur if the brain is thrown so forcefully against the inside of the skull.
Concussions can be brought on by a number of different types of accidents, but car accidents, because of the intense force of impact they involve, are particularly common.
Other common contributors to head trauma are:
- Bicycle accidents
- Sports injuries
- Slips and falls
- Pedestrian accidents
Another important piece of information is that people who have had concussions in the past are also more likely to sustain another one in the future. Athletes also have a higher risk of concussion if they participate in contact sports like football without wearing appropriate safety gear.
Suing for a Concussion: A Roadmap to Success
An individual suffering from a concussion may file a lawsuit against the person or entity (the "defendant") they believe is responsible for the accident that resulted in their condition.
This involves proving the following:
- The at-fault party had a duty of care to keep you safe.
- There was a failure to exercise reasonable care, which infringed this duty of care.
- The head injury was brought on by this breach of duty of case.
- Due to this, you suffered damages.
There may be more than one negligent party in some situations. Since they might all have assets and insurance that could go toward a settlement, a lawyer would work to locate them all and hold them liable through investigations, witness statements, and expert opinions.
Medical records are also important in proving that you suffered a concussion and that your symptoms are related to the accident you were in and were not present before the injury. This is why seeing a doctor is important. It is also recommended that you keep a journal and record your symptoms as they arise.
What To Do After Suffering a Concussion In a New Jersey Accident
Since many symptoms of concussions take time to manifest, many people who sustain them tend to under-estimate their severity. In the case of a car accident, a sufferer may strike their head on the steering wheel, but not instantly lose consciousness or suffer memory loss. The person may have decided not to seek medical attention since they felt fine. Later in the week, the victim could have a wide range of symptoms, including headaches, insomnia, nausea, sensitivity to light, and more.
As a result, following an accident, especially one that may have caused a head injury, there are three things our New Jersey personal injury attorney consistently advises:
Seek Medical Attention
Your doctor will be able to give you the care you need to recover from your injuries, and he or she will also be able to give you a formal diagnosis of your concussion or other brain injuries. When pursuing compensation for a personal injury, a doctor's diagnosis is frequently the greatest evidence of the extent of your damage.
Do Not Speak To or Sign Anything From An Insurance Company
Avoid signing any documents. Even if you don't feel any injuries after an accident, don't sign anything from your insurance company claiming that you weren't. Providers of insurance services care most about minimizing costs and expediting the resolution of claims. So, if you sign something quickly that clears them of liability, you will not be able to seek compensation if symptoms arise later.
Speak to a Personal Injury Attorney
Seek a lawyer's assistance. Hiring a lawyer to represent you in a personal injury lawsuit is your best option. A skilled attorney can help you and your loved ones recover financial damages after an accident. They can also guide you in the correct steps to take after an accident.
Get in Touch with Our New Jersey Concussion Lawyers Today
Even if the effects of a traumatic brain injury are delayed in appearing, Brandon J. Broderick believes the victim deserves fair compensation for their pain and suffering. Personal injury lawsuits involving concussions can be difficult, but our experienced New Jersey Legal team is up for the challenge.
We invite you to call us today to schedule a free consultation to discuss your accident, your concussion or other brain injuries, and your potential personal injury claim.