If you have been involved in a collision or a slip-and-fall accident, you may have suffered a violent blow to the head, resulting in a traumatic brain injury (TBI). While most people associate concussions with sports injuries, they most commonly result from auto accidents, as the forceful impact causes the brain to shift and collide with the underside of the skull rapidly. Those who suffer concussions often wonder whether it is considered a TBI and is severe enough to take legal action. If you or a loved one has suffered a concussion due to another party’s negligence, contact our skilled Essex County Personal Injury Attorneys, who can help you fight for the full and fair compensation you may be entitled to for your damages.
Is a concussion considered a traumatic brain injury (TBI)?
Firstly, a traumatic brain injury (TBI) is caused by a blow or jolt to the head or body or from an object that pierces the skull and enters the brain. However, it is imperative to note that not all blows to the head result in a TBI. TBIs are categorized into three categories: mild, moderate, and severe. A concussion is classified as the mildest form of a TBI that can lead to temporary or permanent cognitive impairments as brain tissue can be damaged, causing problems with normal brain functioning. The following include but are not limited to some of the most common symptoms of a concussion:
- Headache
- Nausea or vomiting
- Blurred or double vision
- Slurred speech
- Fatigue or drowsiness
- Loss of consciousness
- Convulsions or seizures
- Light sensitivity
- Loss of balance or coordination
- Memory issues
- Bad taste in the mouth
- Mild to profound confusion or disorientation
- Personality changes
Unfortunately, symptoms of a concussion may not be evident immediately, so you must seek immediate medical attention after an auto accident, slip, trip, fall, or any other type of accident where you suffer a blow or jolt to the head or body. Even though you may feel fine, concussion symptoms may be delayed and appear days or weeks later. If you leave a TBI untreated, it can become life-altering or life-threatening. If you experience concussion symptoms following an accident, seek immediate medical attention.
When does a concussion warrant a personal injury lawsuit?
If you’ve suffered a head injury, such as a concussion, due to someone else’s negligence, you can take legal action to seek reasonable compensation for your economic and non-economic damages. However, you will be required to fulfill the burden of proof. Essentially, this means you must prove that the other party acted negligently. In addition, these actions directly caused your injuries and damages. To satisfy the burden of proof, you will need to demonstrate that the at-fault party owed you a duty of care, they breached that duty of care by failing to act in a reasonably safe manner, and their breach of duty directly caused your injuries and damages. If you can successfully satisfy the burden of proof, you may be entitled to significant compensation for your incurred losses.
If you’ve suffered a TBI due to another party’s negligence, you need a determined attorney from The Law Offices of Christopher T. Howell, Esq., who can help you fight to obtain the just compensation you deserve.
