Elements of Liability for a Concussion

We will explore each of the four elements of liability for your concussion case.

Duty of care

All drivers have a duty to operate their vehicles with caution and to keep a lookout for other cars and pedestrians. All persons have a duty to obey the law and not intentionally harm others.

Breach of duty (negligence)

When a person breaches the duty of care, he is negligent. Examples can include:

  • When a driver rear-ends another vehicle because she was texting while driving and not watching the road.
  • When a person punches another person in a bar fight.

Causation of injury

The person’s negligence must be the thing that caused your concussion. If your injury resulted from something else, you have to explore getting compensation from the person who caused your harm.


You must sustain a physical injury with damages, like medical bills, to satisfy the fourth element of legal liability for personal injury. If your fact pattern meets the requirements of all four elements, you can file a lawsuit for your damages.

How to Get Help with a Lawsuit for a Concussion

At the Law Office of Jason R. Schultz, PC, we will talk with you about your injury and explore who might have legal responsibility for your losses. Just call us today at 404-474-0804 for your free case evaluation.

Jason R. Schultz
Helping Georgia area residents with car accident, medical malpractice, and personal injury claims since 1991.