Although they happen frequently, especially in sports, concussions are traumatic brain injuries that may have many complications, including headaches, dizziness, difficulty thinking, and even epilepsy. Some of these effects are immediate, but others take time to manifest themselves. A person may not realize that he or she has post-concussive syndrome (which can cause memory loss, impaired reasoning, and other symptoms) until a long time after the initial injury. If you or someone close to you has suffered a concussion in an accident caused by someone else’s negligence or recklessness, you may need to consult a catastrophic injury attorney to explore your options. The Pembroke Pines concussion lawyers at Cohn & Smith can help you seek compensation from the person or entity that harmed you.Filing a Negligence Lawsuit Based on a Concussion
Concussions can range in severity from “Grade 1” (mild) to “Grade 3” (severe). In diagnosing a concussion, medical professionals look for signs of a traumatic brain injury, such as confusion, clumsiness, blurred vision, slurred speech, ringing in the ears, vertigo, memory or concentration difficulties, increased sensitivity to light or noise, and changes in personality. Cognitive testing, imaging tests, and observation are frequently used to evaluate a patient who may have suffered a concussion. They can happen under a variety of circumstances, including automobile accidents and slip and falls.
In order to receive damages, the injured person usually must be able to make out a case of negligence against the defendant that caused the accident that led to the concussion. Proving negligence is a four-step process:
- The defendant must have owed a duty of care to the plaintiff;
- The defendant must have breached the duty that was owed;
- There must have been a link of causation between the breach and the injuries; and
- Damages must have arisen from the accident.
The burden is on the plaintiff to prove each of the four elements of negligence by a preponderance of the evidence. In order to do this, the plaintiff may introduce testimony from eyewitnesses, accident reconstructionists, medical experts, and others. The plaintiff and his or her family members may also testify as to the effects that the concussion has had on the plaintiff’s day-to-day living. Tangible evidence, such as photographs or surveillance video, may be submitted.
A reasonable compensation award in concussion cases typically accounts for damages such as medical expenses, lost wages, pain and suffering, the costs of future treatment, lost earning capacity, and other costs and losses. If the plaintiff’s own negligence was partly responsible for an accident, he or she still may be able to receive a reduced award of damages.
Florida law limits the time period in which an accident victim may file a lawsuit against a party whose negligence or reckless conduct injured him or her. It is wise to speak to an attorney as soon as possible after an accident so that all procedural deadlines can be met.Consult an Experienced Concussion Lawyer in the Pembroke Pines Area
The process of recovery from an accident can pose many physical, emotional, and financial challenges for victims and their families. We are dedicated to mitigating these burdens. To schedule an appointment with a Pembroke Pines concussion attorney, call the law firm of Cohn & Smith at 954-431-8100 or contact us online and ask for a free consultation. We assist injured individuals who need a car accident attorney or representation in another personal injury claim throughout South Florida, including in Fort Lauderdale, Davie, Weston, Aventura, Hollywood, Sunrise, Tamarac, Coral Springs, Pompano Beach, and communities throughout North Dade County.