Concussions

Whether you may recover compensation for your concussion depends on the circumstances under which you suffered it. For example, if you suffered a concussion in a car accident, you will likely need to establish that another driver failed to drive safely, thereby causing your concussion. In another example, if a stranger attacks you in your apartment complex, you will need to show that the apartment complex owner knew or should have known about a history of prior attacks in or around the complex but failed to install adequate security measures in order to recover against the owner or property manager.

You may be able to recover both economic and noneconomic damages after suffering a concussion caused by someone else’s negligence. Economic damages include items of loss such as lost wages, medical bills, property damage, and out-of-pocket costs. For example, if you sustain a serious concussion in a truck accident that makes you unable to work for a month, you may be able to recover that month’s worth of wages. Documentation from your doctor and employer confirming the missed time can help prove lost wages. Noneconomic damages include intangible items of loss, such as emotional distress and pain and suffering. For example, if your grandmother slips and falls in a nursing home and suffers a concussion because she is not being adequately treated or monitored, she may be able to recover compensation for the emotional distress that she faces as a result.

What if the defendant points to your medical records and shows that you have a history of concussions from sports injuries, for example? Under a concept referred to as the eggshell plaintiff rule, a defendant takes the plaintiff as they find them. This means that a defendant is responsible for damages arising from their negligence, even if the plaintiff is may be susceptible to certain injuries. An experienced personal injury attorney can devise a strategy to aggressively fight for you and pursue all damages to which you are entitled.