Witten By: Will Harding, Partner, and Avery Kavanaugh, Student-At-Law
7 Minute Read
Concussions after sports or accidents are often considered “invisible injuries” for a reason. Concussions can go unnoticed, under-reported, and misunderstood. In fact, sports-related concussions are among the most complex injuries in sports medicine to diagnose, assess and manage. Many people never realize they have a concussion until symptoms interfere with daily life, and even then, there is no single test to definitively diagnose a concussion. This uncertainty becomes especially significant when concussions lead to lasting challenges, missed work, or ongoing medical care.
In some cases, negligence or excessive force, whether during a sports game or in a car accident, can cause a concussion, creating a potential legal issue. Understanding the legal implications of these injuries is crucial for protecting your rights and seeking fair compensation.
Spotting a Concussion
A concussion is a type of brain injury that occurs when a jolt, bump, or blow to head, face, neck, or body disrupts normal brain function. Because the brain moves within the skull, and rapid force can cause it to shift or twist, leading to injury. Situations where sudden impact or force impact can occur include sports collisions, motor vehicle accidents, and falls.
It is important to be aware of common physical, cognitive, and emotional signs and symptoms of concussions. These include, but are not limited to:
- Headaches
- Pressure in the head
- Dizziness
- Ringing in the ears
- Memory loss
- Nausea or vomiting
- Light or sound sensitivity
- Blurred vision
- Balance problems
- Drowsiness
- Confusion
- Poor concentration
- Memory issues
- Depression
When Concussions Become a Legal Case
A concussion can become a legal issue when negligence or a failure to follow safety protocols contributes to the injury. This might occur when a school fails to remove an athlete after a head impact, or when a driver causes a collision through careless behaviour.
In these situations, liability is determined by proving four key elements:
- A duty of care was owed
- That duty was breached
- The breach caused the concussion
- Measurable damages resulted
Medical documentation, witness statements, and timely reporting play a crucial role in establishing these facts and strengthening a legal claim.
Where negligence contributed to the injury, victims of concussions may be entitled to recover a range of damages, including medical expenses, rehabilitation costs, lost wages, and compensation for pain and suffering. In more severe cases, concussions will cause ongoing cognitive symptoms such as memory issues, difficulty concentrating, or mood changes. The existence of persistent symptoms after a concussion can increase the value of a claim, as long-term effects often require extended treatment and can impact a person’s ability to work or enjoy daily life the way they once did.
Steps to Take After a Concussion
If you or a loved one have been involved in a car accident or sports collision and begin to notice signs or symptoms of a concussion, seek medical attention right away. Early evaluation is critical to prevent complications such as Second Impact Syndrome, which can occur when a second blow to the head or body happens before a previous concussion has fully healed.
Because concussions can be difficult to diagnose, it is also important to document symptoms and gather as much evidence as possible about the incident. Details records, medical reports, and witness statements can be very helpful if you decide to pursue a negligence claim, as they help establish both the extent of the injury and the cause of the concussion.
How a Lawyer Can Help
If you intend to take legal action, consult a lawyer experienced in concussion and injury claims to ensure your rights are protected and your evidence is properly presented. A knowledgeable legal team, such as the one at McLeish Orlando LLP, will thoroughly investigate the circumstances of the injury, collect medical documentation, and consult with leading experts to establish the link between the concussion and the negligent act. They may also interview witnesses, review safety protocols, and assess the long-term impact of the injury on the victim’s quality of life and earning potential. From there, your legal team will manage negotiations with insurance companies and, if necessary, represent you in court to pursue fair and full compensation for your losses.
Conclusion
Concussions after sports or car accidents should never be overlooked. Even mild head injuries can have lasting effects on physical, cognitive, and emotional well-being. Recognizing the signs early, seeking prompt medical attention, and documenting the injury are essential steps toward recovery. When negligence is involved this can also be used in making your claim as strong as possible.
If your concussion resulted from someone else’s carelessness, you may be entitled to compensation that helps you move forward from your injuries. Contact our experienced legal team at McLeish Orlando LLP to speak with a lawyer who can guide you through the process, protect your interests, and help you move forward.
