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Concussion Attorneys

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Concussion Attorneys

Concussions are one of the most common head injuries. But despite its prevalence, concussions can have serious ramifications that can lead to long-term injuries that affect a person and their family forever.

Here is how a severe concussion is described by Popular Science: “Picture the brain as a bowl of grey spaghetti that is suddenly flung out of an airplane.” The striking visual of noodles being stretched and snapped from the pressure shows just how dangerous a concussion can be.

For some people, the symptoms of a concussion can last up to a year. For others, changes to the brain’s composition can have long-lasting consequences that lead to more severe complications like degenerative diseases.

But if someone else was responsible for causing a concussion, there may be a way to get compensation for medical costs and pain and suffering. Learn more about how you might be able to get the justice you deserve with the help of a concussion lawyer.

Concussion Definition

A concussion is an injury to the brain that temporarily leads to the loss of regular brain function. It is typically caused by a blow to the head or shaking of the head and upper body. Many people still associate concussions with a loss of consciousness, but they can occur even when there is no external evidence of a head injury.

The more formal medical definition of a concussion is “a clinical syndrome characterized by immediate and transient alteration in brain function, including alteration of mental status and level of consciousness, resulting from mechanical force or trauma,” according to the American Association of Neurological Surgeons.

Prevalence of Concussions

Concussions are usually lumped under traumatic brain injury statistics because they are the most common and mild type of traumatic brain injury.

In 2013, the Centers for Disease Control and Prevention reported that about 2.8 million TBI-related emergency room visits, hospitalizations, and deaths occurred in the country. Of those people, nearly 50,000 died from their injuries, and another 282,000 required hospitalizations.

From 2007 to 2013, the number of traumatic brain injuries that resulted in a visit to the emergency room increased by 47 percent. However, those numbers may be an indication of increased awareness surrounding the dangers of concussions.

Concussions are particularly common among children playing sports. According to the University of Pittsburgh’s Brain Trauma Research Center, about 300,000 children suffer sports-related concussions every year in the United States.

What Happens During a Concussion?

Because the brain is so important, it features several safety mechanisms to protect it from damage. For example, the brain is surrounded by a clear liquid called cerebrospinal fluid and membranes called meninges. These provide a cushion to the brain during movement.

However, when there is a dangerous impact to the head, the brain gets pushed around inside the skull. This causes the brain to slam against the front and back of the skull. This is where that Popular Science description of a concussion as spaghetti being thrown out of a plane comes in. Nerve fibers stretch and break while the brain is hit inside the skull because different parts of the brain move at different speeds.

Chemical changes occur within the brain from hits that impair nerve cell function. Without those functions, parts of the brain may not send signals, causing the symptoms of a concussion.

Other injuries can also worsen the effects of a concussion. According to BrainFacts.org, “these kinds of injuries include the production of harmful chemicals called free radicals, inflammation, impaired transport of molecules within nerve cells, and imbalances of key ions needed for nerve function.”

All of these changes to the brain contribute to short- and sometimes long-term symptoms.

Concussion Symptoms

Some symptoms of concussions will manifest themselves immediately while others will take a few hours. These include:

  • Headache
  • Pressure in the head
  • Dizziness
  • Temporary loss of consciousness
  • Ringing in the ears
  • Nausea
  • Vomiting
  • Light sensitivity
  • Noise sensitivity
  • Sleep changes
  • Fatigue
  • Confusion
  • Clumsiness
  • Personality changes
  • Behavior changes
  • Memory loss
  • Slow responsiveness
  • Dazed

In some cases, a concussion will not have any noticeable symptoms.

Signs of Concussion in Toddler

Head trauma is unsurprisingly common among toddlers who are prone to accidents. Symptoms are usually the same but can be more challenging to recognize. Symptoms include:

  • Excessive crying
  • Out-of-character behavior
  • Tired
  • Irritable
  • Unbalanced
  • Unusual sleeping patterns

What is Post-Concussion Syndrome?

Symptoms of a concussion typically disappear within a few weeks. In rare cases, symptoms can last for months or even years. This is called post-concussion syndrome (PCS).

The main symptoms of PCS are headaches, sleep problems, depression, anxiety, and cognitive problems that last longer than usual.

Post-concussion syndrome remains somewhat controversial among doctors and researchers who argue whether it is a real medical condition or rooted in psychological factors. Medical imaging done on brains in patients saying they have PCS often looks like the brain before concussions. However, evidence suggests structural damage may be done to the brain that causes longer-lasting symptoms.

Treatment for PCS remains somewhat limited. Pain medications will usually be given to relieve headaches, while other specialists may be involved in treating mental health symptoms.

Football Concussions

Although concussions can happen in all sorts of situations, sports-related concussions are among the most alarming among youth and professionals alike.

Football has been significantly affected by concerns over concussions, as mounting evidence suggests a lifetime of blows to the head — even minor but repeated hits — can cause debilitating diseases and symptoms later in life.

In one of the most alarming studies relating football to long-term brain injuries, it was found that 110 out of 111 brains of NFL players suffered from a degenerative brain disease called CTE. The damage wasn’t limited to only professional players. College and high school players also showed signs of CTE in their brains.

Concussions can result in the loss of cognitive and motor function as well as behavior changes that can lead to suicide.

NFL Concussion Lawsuits

The dangers of concussions in football culminated in lawsuits from thousands of former players who accused the NFL of downplaying the risks of concussions and hiding their effects on players. With mounting evidence suggesting a strong link between football concussions and serious complications later in life, the two sides agreed to a settlement of an estimated $1 billion.

Under the settlement, up to $5 million will be given to retired players suffering from qualified brain injuries, such as ALS, neurocognitive impairment, Parkinson’s disease, Alzheimer’s, and dementia.

Other Types of Concussion Lawsuits

NFL players are not the only ones capable of suing over concussions. Those who have suffered concussions caused by another person’s reckless behavior or negligence may also be able to receive compensation.

Everyone has the duty to act with reasonable care to prevent injury to another person. If someone fails to meet that expectation, they could be held accountable in a court of law.

For example, car accidents are among the most common lawsuits relating to concussions. In many cases, an individual was struck by another person who was driving recklessly. If the person suffered a concussion due to the crash, they could sue the driver for damages, including medical expenses and pain and suffering.

Individuals have also successfully filed lawsuits against the makers of football helmets. In a 2013 case, a high school football player allegedly suffered permanent brain damage from a concussion he suffered while wearing a Riddell helmet. A jury found the helmet company failed to warn the student of the risks of concussion. He won a $3.1 million verdict.

Anyone who thinks they may have a case against an individual or organization after suffering a concussion should immediately contact a qualified concussion lawyer to file a lawsuit.

How to Determine Liability in Concussion Lawsuits

Liability is determined by intentional harm or negligence. If a distracted driver caused you to become injured in a car accident, they would be responsible for your concussion and head injury.

If an aggressive driver cuts you off in traffic on purpose, causing you to crash and become injured, a judge may rule that the accident was intentional. If they do, the defendant would be responsible for damages, such as time off work resulting from your head injury and any accompanying medical expenses.

If another person’s irresponsible or reckless actions cause harm to you or someone you love, a knowledgeable concussion lawyer can help you determine whether you may be eligible to sue for damages and prepare a convincing case to the court, so you would not have to pay out-of-pocket expenses for costly therapy, ongoing medical expenses, or lost income.

How to File a Concussion Lawsuit

If a negligent act or an accident causes you or someone you care about to suffer a head injury, as well as a concussion, a concussion lawsuit can help you receive the compensation you deserve. The Eichholz Law Firm, along with our concussion lawyers, can help you hold the responsible parties accountable for the harm you sustained as a result of their negligent acts.

The following damages may be recovered in a concussion case:

  • Pain and Suffering: Plaintiffs who experience lasting emotional or physical pain, including amnesia or brain damage, may qualify for financial compensation.
  • Wrongful Death: If a loved one died from a brain injury related to a concussion, their family might be able to claim damages for lost financial support and funeral costs.
  • Lost Life’s Enjoyment: Individuals will be able to receive monetary compensation for their inability to perform the activities they used to enjoy before the accident with a successful concussion lawsuit.
  • Lost Wages: Individuals who have to miss work for an extended period due to a concussion will be able to receive financial compensation for the income they have already lost, in addition to the income they will continue to lose because of the accident.
  • Medical Bills: Victims will be able to receive financial compensation for medical expenses that were incurred due to the injury.

Get the Help of a Concussion Lawyer

Injury victims who have suffered a head injury should talk with a concussion lawyer right away to discuss filing a concussion lawsuit. They can help you with the following:

  • Offer you expert legal advice
  • Complete paperwork pertaining to your lawsuit
  • Negotiate a settlement
  • Recreate the events leading up to and after the accident
  • Work with insurance companies
  • Determine negligence
  • Conduct thorough, independent investigations
  • Identify the parties who were responsible for the accident, as well as your injuries

Contact Our Experienced Concussion Lawyers Today

Call our experienced brain injury lawyers at The Eichholz Law Firm today if you or someone you love has suffered a concussion resulting from someone else’s negligence.

We will help you take legal action that protects and advances your legal rights. Our concussion lawyers have years of experience dealing with personal injury cases. We will negotiate on behalf of clients for maximum financial compensation. We will work to resolve your case outside of court but will take the matter to a judge or jury if necessary.   

Please seek the advice of a medical professional before making health care decisions.
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