Concussions are a serious injury that can lead to long-term health problems. You may be considering taking legal action if you or a loved one has experienced a concussion due to negligence or recklessness. But can you sue for a concussion?
In this article, we’ll explore the legal options available to those who have suffered a concussion. And if you or a loved one has suffered from this type of head injury, don’t hesitate to call our Michigan personal injury lawyers at White Law PLLC today.
Liability and Negligence In a Concussion Lawsuit
In liability and negligence cases, it can be difficult to determine who is at fault for a head injury like a concussion. To establish negligence, four main elements must be present:
- Duty of care
- Breach of duty
- Causation
- Damages
This means that the person or entity responsible for the injury had a duty to exercise reasonable care, failed to do so, and that failure directly caused the injury.
Proving Liability After a Concussion
To prove liability, the burden of proof lies on the injured party to show that the other party was negligent and that their negligence caused the injury. However, determining liability for a concussion can be particularly challenging. It is not always apparent what caused the injury, and there may be multiple parties involved who could be held responsible.
For example, a sports team may be liable for failing to provide appropriate protective equipment, while a player who committed a dangerous play could also be held responsible. Ultimately, it’s up to the injured person and their legal team to gather evidence and establish liability in order to pursue compensation for their concussion.
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Legal Options
If you’re seeking justice for a concussion or severe head injury, it’s important to understand your legal options. The following are just a couple of factors you should consider before deciding whether or not to go forward with filing a lawsuit:
Statute of Limitations
One of the first things you’ll need to consider is the statute of limitations. This is the time period during which you can file a lawsuit.
In most states, the statute of limitations for a personal injury lawsuit is two to three years from the date of the injury. If you miss this deadline, you may lose your right to sue.
Burden of Proof
Another important factor in a concussion lawsuit is the burden of proof. In order to win your case, you’ll need to prove that the person or entity you’re suing was negligent and that their negligence directly caused your injury. This can be challenging, as concussions are often difficult to diagnose and may not show up on imaging tests.
However, with the help of an experienced personal injury attorney, you can gather the evidence you need to build a strong case and seek the compensation you deserve.
Damages and Compensation
When it comes to seeking compensation for a concussion, various types of damages are available to you. These may include medical expenses, lost income, and pain and suffering.
However, the amount of compensation you receive will depend on several factors, such as the severity of your concussion, the extent of your injuries, and the impact on your daily life.
Types of Damages Available
One possible avenue for receiving compensation after a concussion is pursuing different damages. Medical expenses and lost income are two common types of damages that can be sought. Medical expenses can include everything from hospital bills to physical therapy costs, while lost wages refer to income that was lost due to the concussion.
In addition to medical expenses and lost income, there are other types of damages that can be sought as well, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Each case is unique, so the types of damages that can be pursued will depend on the case’s specific circumstances. It’s important to speak with a lawyer to determine what types of damages you may be eligible for and how to best pursue them.
Factors That May Affect Compensation
Factors that can impact the amount of compensation received for a concussion case include the severity of the injury, the length of recovery time, and the level of negligence involved. Here are some specific factors to consider:
- Long-Term Effects: Concussions can have long-lasting effects on a person’s health, including chronic headaches, memory loss, and mood changes. If your concussion has resulted in long-term effects, you may be entitled to more compensation.
- Medical Expenses: The cost of medical treatment, including hospitalization, diagnostic tests, and ongoing therapy, can quickly add up after a concussion. Your compensation may be higher if you’ve incurred significant medical expenses as a result of your injury.
- Loss of Income: If your concussion has prevented you from working, or if you’ve had to take time off to recover, you may be entitled to compensation for lost wages.
- Pain and Suffering: In addition to physical injuries, concussions can also cause emotional distress, anxiety, and depression. If you’ve experienced pain and suffering as a result of your concussion, you may be entitled to compensation.
It’s important to note that every case is unique, and the amount of compensation you receive will depend on a variety of factors. However, by understanding these key factors, you can better prepare yourself for the legal process and work towards getting the compensation you deserve.
We know how to get our clients the results they need in the toughest legal arenas.
Contact a White Law Personal Injury Attorney After Suffering From a Concussion
Can you sue for a concussion? The answer is yes.
Concussions can be serious injuries that have long-lasting effects on an individual’s physical and mental well-being. If you believe that your concussion was caused by another party’s negligence or intentional actions, consulting with a personal injury lawyer may be beneficial.
If you or a loved one is dealing with a concussion or another type of injury, contact White Law personal injury attorneys in Michigan for your free initial consultation.
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