Concussion Recovery and Personal Injury Settlements: What You Need to Know
Most accident victims suffer a concussion within a few minutes or hours after getting a head injury. While concussions are usually not life-threatening, the effects can be serious. A minor concussion may require taking time off work, but a severe concussion can lead to long-term devastating effects such as memory loss and difficulty speaking. In both severe and mild accidents, preparing solid concussion claims for California personal injury cases is key.
Concussion lawsuits are complex and can be affected by a number of different factors, including recovery. Read on to find out the key factors to consider when getting the compensation you deserve for your injury.
What is a Concussion?
A concussion is a mild traumatic brain injury (TBI) that results from a bump, jolt, or blow to the head, causing the brain to hit the skull. This impact damages brain tissue and tears blood vessels. It may result from a forceful or sudden impact on the head after a car collision or slip-and-fall accident.
Due to rapid back-and-forth motion, sudden head movements can cause damage to the brain as it bounces around inside the skull.
Common Causes of Concussions
Concussions can be a direct result of being hit or involved in an accident that causes trauma to the head. Here are other incidents resulting in concussion claims from accidents in California:
- Slip and falls: Many individuals sustain head injuries from falling down stairs or slipping on wet floors. Violent shaking during such accidents can result in concussions, often leading to premise liability lawsuits against property owners.
- Workplace accidents: Hazardous work environments, such as construction sites, pose risks of bruises and injuries from tripping or falling from heights. Accidents in high-traffic corridors and on slick floors contribute to head injuries.
- Sports-related accidents: Athletes exposed to rigorous training and challenging conditions may suffer direct blows to the face, neck, or head. Basketball and football players, for instance, can inadvertently be struck by balls during games, increasing the likelihood of concussions.
- Car and motorcycle accidents: Road mishaps are common causes of head injuries. Drivers and passengers involved in collisions experience forceful impacts on their heads, especially when their heads directly collide with rigid objects like steering wheels or side windows, resulting in severe concussions.
- Assaults: Victims of assaults often endure one or more head blows, which can lead to internal bleeding or hematoma. The forceful impacts can cause damage to the nerves and blood vessels surrounding the brain.
- Medical malpractice: Failure to accurately diagnose a patient’s condition can result in significant brain injuries. Medical negligence or malpractice, constituting a breach of the standard of care, may lead to severe complications such as a hematoma.
Common Symptoms and Effects
Diagnosing concussions does not involve specific tests. However, medical professionals may employ diagnostic procedures like MRI or CT scans to assess the extent of the injury. The symptoms of a concussion can manifest immediately or emerge gradually, depending on the severity and nature of the head trauma. The following symptoms often depend on the cause of the brain injury:
- Prolonged and severe headache: Following a brain injury, individuals may experience mild to severe headaches.
- Vomiting: Depending on the injury’s severity, loss of balance can occur, accompanied by subsequent vomiting.
- Loss of consciousness: Inadequate oxygen supply to the brain can lead to temporary loss of motor functions and consciousness.
- Memory loss: Accident victims may suffer from memory loss or amnesia and difficulty recalling the events surrounding the injury.
- Confusion: Cognitive difficulties can cause dizziness or a sense of mental fog.
- Seizure: Seizures may manifest as body stiffness or shaking, with patients often unresponsive after a brain injury.
- Difficulty speaking: Damage to the brain area controlling speech can result in slurred speech or dysarthria.
- Mood changes: Irritability, sadness, and feeling overwhelmed are common emotional responses.
- Changes in vision: Temporary vision loss, double vision, lightheadedness, and balance problems may occur due to a brain injury.
What Impact Does Recovery Have on Concussion Settlements or Claims in California?
The value of a personal injury settlement depends on the severity of the injury and the duration of concussion recovery. Extended symptom duration can significantly hinder a person’s ability to work and carry out daily activities. As a result, the settlement amount is adjusted to reflect the impact of the concussion on the individual’s life.
Key Factors to Consider for Concussion Personal Injury Claims in California
While accident victims are entitled to proper compensation, the settlement value is dependent on various factors such as:
When calculating the settlement and compensation for personal injury claims, both parties should consider the total cost of medical treatments and other expenses. Moreover, you must also look at the cost of home care for totally debilitated patients.
The Severity of the Injury
Unlike mild cases, severe concussions may linger a little longer than expected. If you’re experiencing extreme symptoms, you may stay longer in the hospital, which can cost you more. On top of your medical bills, you can also lose your income for being absent from work.
Percentage of Fault
California follows a pure comparative negligence law. Regardless of who caused the accident, both parties will receive compensation even if they are 99% liable. Despite being critically ill after the incident, you will get a fair amount of damages based on your percentage of fault.
Pain and Suffering
More than physical injuries, accidents can cause emotional trauma and mental anguish to the victim. While there is no set formula for this, the plaintiff must consult a mental health professional to prove their suffering.
How Much Compensation Can You Expect for A Concussion Case?
Depending on the circumstances, the average value for a concussion case is between $20,000 to $80,000, or $125,000 or more for more severe cases.
Speak to a Head Injury Lawyer at Adamson Ahdoot
If you or a loved one sustained a concussion because of another party’s negligent actions, seek legal advice from Adamson Ahdoot, one of the top brain injury law firms in California. We have expert concussion attorneys to help you get the compensation you deserve.
Call us at (800) 310-1606 today to schedule your free consultation with a premier injury attorney. We offer free and no-obligation consultations in English or Spanish.
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