September 28, 2022

How to Prove a Concussion Lawsuit 

Concussions are serious injuries that can have long-lasting effects on your life. Concussions are often the result of an accident such as a car wreck, slip, and fall, sporting accident, or other head trauma. This type of injury can incur large medical bills as well as affect your ability to work. If you feel that your concussion was the fault of another party, you may be wondering if you have the option to sue for your injuries. 

This guide will help to answer many of your questions concerning concussions and legal actions that you may be able to take. 

Can I Sue For a Concussion?

In most cases, yes, you will have the option to sue if you suffer a concussion that is the fault of someone else. Many concussions are the result of negligence on the part of another. This type of injury could also be caused by the reckless behavior of another person as well. 

The best way to understand your rights concerning an accident that resulted in a concussion is to discuss your accident with a knowledgeable accident attorney. These professionals will be able to answer your questions and give you insight into what types of compensation you may be eligible for. The amount of compensation you might be awarded will be greatly dependent on the severity of your injuries and the circumstances leading up to your injury. 

Types of Head Injuries

There are many types of traumatic head injuries that can result from an accident. If you plan to take legal action concerning your head injury, it is important that you fully understand the different types of injuries. 

Concussion- This type of injury is a result of an impact on the head. It can cause a loss of awareness for a short time or for hours. Some people also experience nausea or vomiting. 

Skull fracture- A skull fracture is when the bones of the skull experience a break. This can have devastating consequences for an individual. 

Intracranial hematoma- This type of injury is signified by blood clots in or around the brain. These can be mild or severe. Severe hematoma can result in a life-threatening situation. 

What Should I Do If I Had a Concussion?

If you plan to take legal action against others who were to blame for your accident and injury, then it is important that you are able to prove that you indeed had a concussion properly. 

This is one way an attorney can help you in your accident suit. Lawyers understand the many different types of evidence that you should gather in order to prove your claim. Submitting evidence correctly to the court will have a huge impact on your case and on possible compensation that could be paid to you. 

You should keep detailed records of all hospital visits as well as doctor visits. You should also keep copies of your medical records as well. Also, remember to keep up with all medical expenses that you have paid as a result of your injury. If a police report was filed in association with your accident, you would also want to obtain a copy of that to file with your attorney. This can provide crucial information and evidence on your behalf. 

Proving Negligence 

If you believe that your accident was the result of negligence, a lawyer can help you prove this negligence. A concussion lawsuit may be appropriate. In legal matters, negligence can be proven with four primary factors. 

Duty- You and your lawyer must first establish the individual you believe to be at fault did indeed have a duty toward you concerning your safety. For instance, a nurse assisting a nursing home patient with a bath has a duty to provide services in a safe way to avoid injuries. 

Breach- Next, you must be able to prove that the defendant breached this duty in some way, thus endangering you. Using the above example, if the nurse left a patient standing alone in a bathroom with a wet slippery floor, they could be accused of breaching their duty to provide safe service. 

Causation- Furthermore, you must be able to prove that the defendant’s breach of duty directly caused your injury. If the nursing home patient then fell on the slippery floor when left alone and received a concussion, this would be considered causation. 

Harm- You must be able to prove that the injury did indeed cause you harm. Medical records could easily explain that a concussion was incurred from the fall in the bathroom. 

How Can a Lawyer Help?

If you or a loved one suffered a concussion and you believe that another party is at fault or to blame for the injury, a lawyer can help. This professional will be able to assist you with collecting evidence and information to build a concussion case. A lawyer can assist you with:

  • Obtaining police reports
  • Obtaining accident reports from the scene of the accident. This could be from a store, hospital, or another facility in which the accident took place. 
  • Medical records
  • Eyewitness accounts 
  • Photos of the injuries 
  • Obtaining expert witnesses to testify on your behalf
  • Analyze the legal statutes and laws in place that could affect your case and possible compensation

Will I Receive Compensation?

Concussions are often the result of an accident and can be a part of an accident case. A concussion can also be a part of a negligence case. In these types of cases, the plaintiff can often receive compensation for their injuries. Compensation can come in the form of damages for the following categories:

  • Medical costs
  • Lost wages if you were put out of work because of your injuries
  • Loss of future earnings if you were permanently disabled 
  • Pain and suffering 
  • Loss of consortium 
  • Emotional trauma

There is no way to estimate the amount of compensation you can receive, as this is often determined by the court following a judgment. 


Another important service that your lawyer can provide to you is negotiating with insurance companies. In many accident claims, an insurance company will seek to settle out of court. Going to court for an accident is always more expensive. When an insurance company attempts to settle with you out of court, it is important that you have someone on your side who knows what a fair and just settlement is. 

Unless you are a legal professional yourself, you will likely not be able to determine all of the different details that could contribute to a fair settlement. Your lawyer will negotiate on your behalf to get you what is fair. 

Contact a local attorney to help you navigate this difficult situation. 

About the author 

Kyrie Mattos

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