Personal Injury Claims: Head Injury Edition – Chapter One: Concussions

head injuryPersonal injury is often associated with things such as lacerations, broken bones, or environmental-related illnesses. However, the types of injuries covered in personal injury cases are actually quite extensive, even if proving them in court can be difficult. Head injuries for example, specifically concussions, become extremely challenging to substantiate in the eyes of an insurance company, which is when many victims turn to brain injury lawyers for assistance.

Concussions Can Cause Serious Medical Problems for Injury Victims
A concussion is considered a mild traumatic brain injury resulting from a hit or shake to the head. Falls are the leading cause of traumatic brain injury (TBI) emergency room visits, with 523,043 visits as well as 62,334 hospitalizations. Concussions may not be viewed as particularly serious, but if untreated or worsened by a second concussion before the first is fully healed, these injuries can actually lead to death. In addition, concussions are often followed by post-concussion syndrome, or PCS, which can potentially last for over a year. PCS symptoms are often the same as those of a concussion, but someone with PCS may also experience:

  • Fatigue and/or excessive sleeping
  • Dizziness
  • Insomnia
  • Changes in emotions and behaviors such as:
    • Anxiety
    • Irritability
    • Loss of attention
  • Sensitivity to light and noise
  • Headaches

Why Do Insurance Companies Try To Deny Concussion-Related Claims? Because They Can Get Away With It
Because so many head injury symptoms are non-physical, many insurance companies will do everything in their power to deny the existence of the injury or PCS. In their efforts to deny your coverage, they may even have their own physician dispute the opinion of your own doctor! It is always a good idea to get checked out by your own physician for use as an expert witness should the case go to trial.

The insurance company will then try to minimize the severity of your concussion even if you are able to prove its existence. You will be asked if there was any pain and if the pain interfered with your daily tasks, if the head injury prevented you from working or driving, and if your life was somehow insufferable with the concussion. To get the compensation you rightly deserve, speaking with a brain injury attorney is often the best way to move forward. Your personal injury attorney will help you figure out how much your claim is worth and if filing a claim is in your best interest.

There are many lawyers who specialize in fields specific to your needs, and it’s important to find one that has the ability to litigate your case. Personal injury attorneys or brain injury attorneys would be the optimal choices for a concussion based personal injury claim. If you want to file a head injury claim related to a concussion, TBI-related death, or PCS, then you should contact an attorney today.

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