Concussions are traumatic brain injuries that can temporarily alter brain function and cause headaches, concentration difficulties, loss of coordination and balance, and memory loss. Some also cause loss of consciousness, but this is relatively unusual. Concussions usually happen because an accident victim was hit on the head or violently shaken. They may occur due to a car or motorcycle accident, or a bad fall. If you suffer a concussion due to someone else's negligence, the Los Angeles injury lawyers at Sharifi Firm may be able to help you pursue damages. Although many concussions are mild, some people suffer post-concussion syndrome, in which their symptoms last weeks or many months after the concussion. Symptoms can include anxiety, insomnia, headaches, irritability, sensitivity to noise and light, dizziness, and fatigue.Pursuing Compensation for a Concussion
In order to recover damages for a concussion or a lingering post-concussion syndrome, a plaintiff will most likely need to show someone else's negligence. To establish negligence as a plaintiff, you will need to prove by a preponderance of the evidence that the defendant owed you a duty of care, the defendant breached the duty of care, the breach caused your injuries, and you incurred damages.
For example, if you were riding a bicycle in your neighborhood, and the defendant ran a stop sign and slammed into you, forcing you off your bicycle and into the asphalt, this would be a breach of duty. You could suffer a serious concussion as a result. Similarly, if you are an independent contractor working on a ladder one floor up at a construction site, and another person at the site bumps into the ladder, and you fall, suffering a concussion, this may be a breach of duty that results in damages.
If you successfully establish negligence, you likely can recover compensatory damages for your concussion and any other injuries. In California, compensatory damages may be both general (noneconomic) and special (economic) damages. General damages may include items such as mental anguish, pain and suffering, and loss of consortium. An accident victim's spouse can request damages for loss of consortium when the victim's injuries result in a loss of affection, companionship, sex, or other benefits of a marriage. Special damages may include emergency medical care, long-term care, loss of income, household services, and other tangible losses.
Proving serious consequences from a concussion may be difficult unless you also have other serious injuries. Insurers may be inclined to be suspicious about your claim. If the case proceeds to trial, you may need your doctor's testimony to establish that you had a serious concussion or post-concussion syndrome and that the symptoms and pain you describe are related to the concussion, which in turn is related to the accident. Your own testimony may also make a difference in the amount of general damages you are awarded. Among other things, you may have to testify as to the exact symptoms, how long you have had them, and how your life has been affected as a result.Contact a Los Angeles Lawyer after an Accident
If you suffer a serious concussion, you should consult a Los Angeles accident attorney who has experience handling these types of claims. Sharifi Firm also represents people who suffer concussions and other serious injuries in Temecula, San Bernardino, Riverside, and Rancho Cucamonga, as well as other Southern California cities. Contact us at 1-866-422-7222 or via our online form for a free consultation.