Concussions are notoriously difficult to diagnose. Sometimes symptoms take an unexpected amount of time to fully show up and frequently victims of concussions are not even initially aware of their traumatic injury. Further emergency responders and doctors have even been known to miss serious concussions when they are not providing prudent care and ordering the proper tests. The difficulty does not stem from the fact that concussions are rare, According to the Centers for Disease Control and Prevention almost 2 million Americans suffer a concussion each year. Serious head injuries occur in a wide variety of ways; the leading three causes being falls, auto accidents and assaults. If you suffer a concussion you may be entitled to significant compensation, potentially much more than an insurance company will try to offer in a quick settlement, an attorney experienced in concussion lawsuits will help protect your legal rights.
Recognizing a Concussion
Head injuries should always be taken very seriously. If you, or a loved one, suffer a blow to the head that may lead to a traumatic brain injury. In this case you should see a doctor as soon as possible. As researchers continue to learn more about the human brain the potentially devastating effect of concussions continue to become increasingly clear. Signs of a concussion include:
● Loss of consciousness
● Memory loss
● Body numbness or tingling
● Change in breathing or pulse
● Blurred Vision
● Difficulty carrying on a conversation
Proving Negligence in a Concussion Lawsuit
A concussion lawsuit, much like most other injury or accident lawsuits, generally comes down to the legal issue of negligence. Broadly, negligence means that a party failed to act up to the standards that were reasonable under the circumstances. There are four elements necessary to prove negligence and win a concussion lawsuit.
● Breach of duty
The first step, duty, means that a legal duty was owed by the potentially liable party to the injured party. For example, if a concussion was sustained in a bus accident, it is well established that drivers owe each other a legal duty to follow traffic regulations and drive safely based on the road conditions. Once that duty is established, it must be proven that the duty was breached. In the case of a bus accident concussion, it would need to be established that the bus driver, or some other party, failed to follow traffic regulations or drive in a reasonably safe manner given the circumstances. This can be the most difficult element to prove in most cases and this is where an attorney with experience in personal injuries will be extraordinarily important. The next element requires demonstrating that the injury wouldn’t have occurred had the party in question provided the prudent standard of care and that the injury was a reasonably foreseeable consequence of the breach of duty. From there you must prove that real damages were sustained. All of these factors must meet a legal standard known as preponderance of the evidence. This means that you must establish that each of your claims is more likely than not to be true.
Contact A Concussion Attorney In Georgia
It is your legal right to hold other parties responsible for their negligent actions. If you have suffered a concussion in Georgia, you should discuss your legal options with an attorney. The The Angell Law Firm has almost 20 years of trial experience successfully representing our clients. Contact The Angell Law Firm today to schedule a consultation.