After suffering a concussion in a motor vehicle collision or slip-and-fall accident, hiring a lawyer is essential for protecting your rights and ensuring fair compensation. A Calgary personal injury lawyer can effectively guide you throughout the legal process, from gathering evidence to negotiating with insurance companies. They will investigate your accident, gather medical records, and secure witness statements to build a strong case.
During settlement negotiations, a lawyer will ensure that you don’t accept a low offer from the insurance company and will fight for a fair amount. If a settlement cannot be reached, they will represent you in court, handling all aspects of litigation – including presenting evidence, questioning witnesses, and arguing on your behalf to achieve the best possible outcome.
Types of Occurrences that Lead to Concussions
Concussions are a type of traumatic brain injury that can occur in various accidents, including motor vehicle crashes and slip-and-fall accidents. These occurrences can lead to significant harm, with concussions often going unnoticed until symptoms develop.
Motor Vehicle Accidents:
Rear-End Collisions: In rear-end accidents, the sudden impact causes the victim’s neck and head to jerk forward and then snap back. This whiplash motion can cause the brain to collide with the skull, resulting in a concussion. These types of accidents are common and can happen at any speed, although higher speeds typically increase the severity of the injury.
Side-Impact (T-bone) Accidents: A side-impact collision occurs when one vehicle strikes the side of another, often causing a direct blow to the occupant’s head. The force of the impact can push the head violently to the side or cause a sudden rotation, which may lead to a concussion, especially if the person’s head strikes the door, window, or other parts of the vehicle.
Rollovers: When a vehicle flips over during a crash, the occupants are at high risk of injury, including concussions. In a rollover accident, the force of the impact can cause the victim’s head to hit the roof, dashboard, or side windows, or the violent motion of the vehicle can cause the victim’s brain to shift inside the skull.
Pedestrian Accidents: When a vehicle strikes a person, the impact can cause their head to hit the ground or another object with significant force. Pedestrian accidents often result in severe head injuries – including concussions – especially if the individual is thrown to the ground or hit at high speeds.
Slip-and-Fall Accidents:
Falls from Heights: Falling from a ladder, staircase, or elevated surface can lead to a concussion, especially if the victim’s head hits the ground or a hard object. The height of the fall and the surface it lands on can determine the severity of the injury.
Slippery Surfaces: Slips on wet or icy floors are common causes of falls. When someone loses their footing, they may fall backward, forward, or to the side, causing their head to strike the ground or an object. These types of falls often lead to concussions – particularly in older adults or those who are more prone to falling.
Tripping Hazards: Tripping over objects or uneven surfaces can cause a sudden, uncontrolled fall. If the victim’s head hits the ground or another object, a concussion is possible. These accidents are frequent in environments like offices, stores, or homes.
Medical Treatment for a Concussion Injury
When someone suffers a concussion due to a motor vehicle crash or slip-and-fall accident resulting from another person’s negligence, immediate and proper medical treatment is crucial for recovery. Concussions are a form of traumatic brain injury (TBI) that can have serious, long-lasting effects if not treated correctly. The treatment process for a concussion typically involves several important steps.
First, it’s important to seek ongoing medical attention. A healthcare professional, such as a doctor or neurologist, will conduct a thorough evaluation to assess the severity of the injury. This may involve asking about the accident, symptoms, and medical history, as well as performing a physical exam. Doctors may also use imaging tests, such as CT scans or MRIs, to rule out more severe brain injuries like bleeding or swelling.
Prolonged rest is one of the most important aspects of concussion treatment. Initially, individuals may be advised to rest both physically and mentally. This means avoiding strenuous physical activities, such as exercise, and minimizing cognitive activities, like reading, screen time, or concentration-heavy tasks. Rest allows the accident victim’s brain to heal without additional strain.
Patients also need to be closely monitored for any worsening of symptoms. This includes watching for signs of increasing confusion, dizziness, severe headaches, or changes in behaviour, which may indicate a more serious condition. If these symptoms occur, it’s important to seek immediate medical help.
Pain management is often necessary for people with concussions – especially for headaches. Over-the-counter medications like acetaminophen may be recommended, but anti-inflammatory drugs like ibuprofen should generally be avoided due to their potential to increase the risk of bleeding. Some patients may benefit from other treatments, such as physical therapy, to address balance issues or neck pain, which are common after concussions.
In cases where cognitive functions, such as memory, attention, or problem-solving, are affected, cognitive rehabilitation therapy may be necessary. This therapy involves exercises and strategies designed to help the accident victim’s brain heal and improve cognitive skills over time.
Why You Need a Personal Injury Lawyer after a Concussion
If you suffered a concussion in a motor vehicle accident or slip-and-fall due to someone else’s negligence, it’s crucial to consult a skilled personal injury lawyer. Concussions can be complex injuries that affect both your physical and mental well-being, and navigating the system without help can be challenging. A lawyer who regularly handles personal injury cases can provide essential support throughout the entire process, ensuring that your rights are protected – and that you receive fair compensation.
After an accident, the legal process can be overwhelming, especially when dealing with insurance companies, lost income, and recovery. A personal injury lawyer has the knowledge and experience to handle these situations. They will explain your rights, help you understand the steps involved in filing a claim, and guide you through each stage.
Determining who is at fault in an accident is key to receiving compensation for your injury. A skilled lawyer will conduct a thorough investigation to gather evidence and establish negligence. In the case of a motor vehicle crash, they will review police reports, witness statements, and accident scene photos. For slip-and-fall incidents, they will examine factors like property maintenance records, surveillance footage, and witness accounts. By building a solid case, they can increase your chances of successfully proving the other party’s fault.
Insurance companies often try to settle claims quickly for as little money as possible. A lawyer will protect you from unfair offers and ensure that you aren’t pressured into accepting a low settlement. They will negotiate with insurance companies on your behalf to secure a fair payout that covers lost earnings, mental distress, and pain and suffering. If the insurance company refuses to offer you a fair settlement, your lawyer can take your case to court.
Dealing with medical treatment while recovering from a concussion can also be overwhelming. A skilled personal injury lawyer will coordinate with healthcare providers, ensuring that your medical needs are met. They can also ensure that the full extent of your injury is documented, which is essential for maximizing compensation. A lawyer’s goal is to secure fair compensation for all aspects of your concussion injury, including both economic and non-economic damages. This includes not only lost income but also emotional distress, lost quality of life, and pain and suffering. With their experience, they can ensure that all potential damages are considered and that you receive the full compensation you deserve.
Successfully Proving a Concussion Injury
Proving a concussion injury in a motor vehicle accident or slip-and-fall case requires presenting strong evidence to show that the injury occurred and that it resulted from someone else’s negligence. Concussions are often not visible, making them more challenging to prove compared to other types of injuries. However, with the right types of evidence and a clear legal strategy, a personal injury claim can be successful.
The most important piece of evidence in proving a concussion is medical documentation. After the accident, it’s essential to seek ongoing medical attention. Doctors will perform thorough evaluations, which may include physical exams, imaging tests, and neurological assessments. The diagnosis of a concussion, along with the doctor’s detailed notes about the symptoms and severity, will be crucial in establishing that the injury is real and linked to the accident. A medical professional’s opinion is vital in establishing that the concussion resulted from the incident and not from another cause.
In the case of a motor vehicle accident, a police report is critical evidence. The report typically contains details about the accident, such as the time, location, weather conditions, and any statements from the involved parties or witnesses. The officer’s assessment of fault may also play a role in proving negligence. In slip-and-fall cases, evidence such as incident reports filed with the property owner or manager can establish the conditions that led to the fall (like wet floors or hazardous conditions).
Similarly, witness statements can provide important context for the events leading up to the accident. Witnesses can testify about the circumstances of the incident, such as whether the at-fault party acted negligently or if dangerous conditions were present. Eyewitness testimony can support your version of events and strengthen your case, especially if there are discrepancies in the other party’s account.
Photos or video footage of the accident scene can also serve as compelling evidence. In motor vehicle accidents, images of the vehicles involved, skid marks, and road conditions can establish the cause of the crash. In slip-and-fall cases, photos of hazardous conditions, such as a wet floor or uneven pavement, can prove negligence on the part of the property owner.
Finally, keeping a detailed record of your concussion symptoms, daily struggles, and any limitations is important. This includes keeping track of all medical visits, physical therapy, missed work, or changes in daily activities. The more evidence you have showing the effects of the injury, the stronger your case will be for compensation.
Recoverable Compensation for an Accident-related Concussion Injury
If you suffer a concussion in a motor vehicle crash or slip-and-fall accident resulting from someone else’s negligence, you may be entitled to compensation for your various losses. The goal of compensation is to help you recover financially and emotionally from the injury, covering both the tangible and intangible effects it has on your life.
First, a concussion can keep you out of work for days, weeks, or even months, depending on the severity. Lost earnings refer to the income you would have earned if you hadn’t suffered an injury. You can receive compensation for the time you missed from work due to the concussion and its symptoms. This includes both the days you were unable to work during your recovery and any lost productivity if your condition affected your ability to perform your job.
In cases where a concussion leads to long-term or permanent cognitive issues, you may be unable to return to your previous job or earn the same income. Loss of earning capacity is compensation for the future earnings you may lose due to the lasting effect of the concussion on your ability to work.
Concussions can also cause physical pain, such as headaches, dizziness, and nausea, as well as mental and emotional distress. Pain and suffering compensation is meant to cover these hardships. This includes both past and future pain and suffering, taking into account how the injury has affected your day-to-day life and will continue to affect you in the future.
A concussion can also lead to emotional challenges, including anxiety, depression, and frustration over the recovery process. Mental anguish compensation is for the psychological toll the injury has taken on you, including distress and emotional pain.
If the concussion has significantly affected your ability to enjoy daily activities – like hobbies, socializing, or family time – you may be entitled to compensation for the loss of your quality of life. Compensation for this damage acknowledges how the injury has affected your life enjoyment.
If your concussion affects your relationship with your spouse, then they can claim “loss of consortium.” This compensation covers the loss of companionship, affection, and intimacy resulting from your injury. It recognizes how the accident has altered your relationship.
Call an Experienced Personal Injury Lawyer Right Away
If you or someone you love suffered a concussion injury in a recent accident, a skilled personal injury lawyer can be extremely helpful throughout the entire process. A lawyer will investigate the circumstances surrounding the incident, gather the necessary documentation for your claim, and pursue the maximum compensation available in your case.
