If you have experienced a concussion, you might have worries about what the future holds for you. Depending on the facts of your case, you might be facing various symptoms of a traumatic brain injury, such as chronic headaches, difficulty concentrating, personality changes, cognitive impairment, and blood clots in the brain. With all of these possibilities, you might wonder whether you can file a lawsuit to protect yourself and collect damages.
The party that caused the injury that resulted in your concussion must be legally responsible for your injury if you are going to file a successful lawsuit. We have to build a case that meets all the requirements of liability for the law to require the person to pay you money.
The Cause of the Concussion Matters
Not every concussion can be the subject of a lawsuit. Someone else must have wrongfully caused your concussion through negligence or an intentional act. Some common causes of concussions include:
- Sports injuries
- Motor vehicle accidents
- Criminal attacks
Depending on the facts of your case, you may have grounds to file a lawsuit for your concussion. For example, you may be able to work with a car accident lawyer to pursue compensation for concussion-related damages caused by a motor vehicle accident.
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.