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What Is a Concussion?
A concussion is a type of traumatic brain injury caused by a blow to the head or a violent jolt that shifts the brain inside the skull. While often classified as "mild" because they’re rarely fatal, concussions can nonetheless have severe consequences.
The American Medical Society for Sports Medicine estimates that up to 3.8 million sports-related concussions occur annually in the U.S., with countless others resulting from incidents like falls and car accidents.
Types and Severity of Concussions
Many healthcare providers grade concussions based on their severity:
Grade 1 (Mild)
Characterized by brief confusion and symptoms that resolve within 30 minutes. No loss of consciousness occurs, but victims may experience temporary disorientation and memory difficulties.
Grade 2 (Moderate)
Symptoms last longer than 30 minutes, but still no loss of consciousness. Victims may experience prolonged confusion, headaches, dizziness, and memory problems that can last hours or days.
Grade 3 (Severe)
Involves any loss of consciousness, whether for seconds or minutes. These concussions carry higher risks of complications and typically require extended recovery periods with close medical monitoring.
Second Impact Syndrome
Second impact syndrome occurs when a victim sustains a second mild traumatic brain injury before the first has fully healed. This can cause rapid, often fatal brain swelling.
Common Signs and Symptoms of Concussions
Concussion symptoms may appear immediately or develop over the course of days. If you notice any of the following signs, seek medical care immediately:
- Physical: Headaches, nausea, dizziness, sensitivity to light/noise, fatigue.
- Cognitive: Confusion, "brain fog," memory problems, difficulty concentrating.
- Emotional: Irritability, depression, anxiety, personality changes.
- Emergency symptoms: Loss of consciousness, seizures, slurred speech, repeated vomiting.
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Your Concussion Deserves Dedicated Legal Action
Don't let the insurance companies minimize your injury or rush you into an inadequate settlement. Our seasoned New York concussion attorneys have recovered millions for head injury victims and will fight to get you the full and fair compensation you deserve.
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Concussion Cases We Handle
When a concussion results from negligence or carelessness, our New York concussion injury attorneys are ready to pursue justice, regardless of how the injury occurred.
Vehicle Accidents
Motor vehicle collisions are a leading cause of concussions, with victims often suffering head trauma from the following types of events:
- Car accidents: Victims may receive head injuries from airbag deployment, striking the steering wheel, dashboard, or windows, or whiplash.
- Motorcycle accidents: Despite helmet use, motorcyclists remain vulnerable to concussions from the extreme forces experienced during crashes.
- Truck accidents: Commercial truck collisions often involve high speeds and massive forces that easily cause severe head trauma.
- Bicycle and pedestrian accidents: Walkers and cyclists lack protective barriers and frequently suffer head injuries when struck by vehicles or thrown to the ground.
Workplace Injuries
Many New York workers suffer concussions on the job, particularly in the following areas:
- Construction sites: Workers may be injured by falls from heights, falling objects, scaffolding collapses, and equipment accidents.
- Manufacturing and warehouses: Mishaps like forklift accidents, falling merchandise, and machinery malfunctions can result in head injuries.
- Retail and service industries: Concussions are a possible outcome of slip and fall accidents, violent customer interactions, and falling inventory.
Premises Liability
Property owners have a legal responsibility to maintain safe conditions for visitors. We handle concussion cases resulting from:
- Slip and fall accidents: Wet floors, uneven surfaces, poor lighting, cluttered walkways, and broken stairs can cause unsuspecting visitors to fall and strike their heads.
- Inadequate security: Assaults are an unfortunate possibility on commercial properties that lack sufficient security measures.
- Negligent maintenance: Falling ceiling tiles, loose fixtures, poorly maintained staircases, and other hazards can invite accidents that cause head trauma.
Medical Malpractice
Healthcare providers can cause or exacerbate concussions through the following medical errors:
- Failure to diagnose: Overlooking concussion symptoms or failing to order appropriate testing after a known head injury can allow the condition to get worse.
- Improper treatment: Some providers may prescribe medications that intensify concussion symptoms or fail to provide proper recovery instructions.
- Premature clearance: Allowing patients to return to their normal activities before fully recovering risks additional injury.
- Birth injuries: Improper use of forceps or vacuum extractors during delivery can cause head trauma to newborns.
Long-Term Effects of Concussions
While many who suffer concussions recover within days or weeks, even mild TBIs can have permanent, life-altering consequences, such as:
Post-Concussion Syndrome
Approximately 10%–20% of concussion victims experience post-concussion syndrome, the symptoms of which include chronic headaches, cognitive difficulties, and sleep disturbances that can persist for months or even years.
Impact on Daily Life
Head injuries often lead to memory problems and personality changes that strain relationships and derail careers. Unemployment rates for brain injury victims can reach 60% two years post-injury, with lifetime treatment costs ranging from $85,000 to over $3 million.
Future Health Risks
A history of mild traumatic brain injury increases susceptibility not only to future concussions but also to conditions like epilepsy, depression, and early-onset dementia or Alzheimer’s disease.
What Compensation Can You Recover for a Concussion in New York?
New York law allows concussion victims to seek comprehensive damages to cover both their immediate expenses and long-term care. Here’s what you might stand to recover as part of a personal injury claim:
Economic Damages
- Medical expenses: Emergency room visits, diagnostic imaging, neurologist consultations, ongoing treatment, medications, and future medical care.
- Rehabilitation costs: Physical therapy, occupational therapy, cognitive rehabilitation, vestibular therapy, and vision therapy.
- Lost wages and earning capacity: Time missed from work and reduced ability to earn income in the future.
- Other expenses: Transportation to medical appointments, home care assistance, and similar costs related directly to your injury.
Non-Economic Damages
- Pain and suffering: Physical pain, ongoing discomfort, and emotional distress.
- Loss of enjoyment of life: Inability to find joy in activities you once loved.
- Emotional distress: Anxiety, depression, mood changes, and psychological impacts.
- Loss of consortium: Inability to connect with loved ones due to changes in your personality or abilities.
Punitive Damages
In cases involving particularly reckless or intentional conduct, New York courts may award punitive damages. Examples include drunk driving accidents, assault cases, and gross negligence on the part of employers or property owners. These damages are awarded separately from compensatory damages and can significantly increase your recovery.
Our experienced New York concussion attorneys can work with neurologists, neuropsychologists, vocational experts, and economists to ensure that every aspect of your injury is valued properly.
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Get the Compensation You Need to Recover
Treating a concussion can be expensive, and long-term symptoms may prevent you from working as you heal. Our dedicated attorneys will work to make sure you receive full compensation for your medical bills, lost income, pain and suffering, and future care needs.
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Steps to Take After Receiving a Concussion
If you've sustained a concussion due to someone else's negligent actions, taking the right steps will protect both your health and your legal rights:
- Get examined right away: See a doctor immediately after any head injury, even if you feel fine. Concussion symptoms can be subtle and often develop gradually.
- Follow all treatment recommendations: Attend follow-up appointments, complete prescribed therapies, and follow your doctor's restrictions to the letter.
- Document your symptoms: Keep a journal of your symptoms, their severity, when you experience them, and how they affect your daily life.
- Report the incident: File an official report with the police, your employer, or the owner of the property where you were hurt.
- Preserve whatever evidence you can: Take photos and videos of the accident scene, your injuries, and any visible hazards, along with damaged vehicles or equipment.
- Collect information: Get the names and contact details of any witnesses, and request insurance information from any other parties involved.
- Keep detailed records: Save all medical records, bills, prescriptions, and correspondence related to your accident and injury.
- Contact an attorney: Your lawyer will preserve critical evidence, interview witnesses, deal with insurers, and prevent you from accepting an inadequate settlement offer.
In New York, you generally have three years from the injury date to file a lawsuit. However, some cases may have shorter deadlines, so it’s vital to act quickly.
How Our New York Concussion Lawyers Can Help
Concussion cases require substantial medical and legal knowledge. Here are the key services our capable attorneys can offer:
Thorough Investigation
Our team conducts comprehensive investigations, reviewing medical records, interviewing witnesses, analyzing accident reports, and identifying all potentially liable parties.
Effective Case Building
To recover compensation for you, we must prove that the defendant owed you a duty of care and that their negligence caused you to suffer measurable losses. We’ll gather compelling evidence to establish each necessary element.
Collaboration with Medical Professionals
We’ll work with neurologists, neuropsychologists, rehabilitation specialists, life-care planners, vocational experts, and economic analysts as needed to demonstrate the full impact of your concussion and justify comprehensive compensation.
Aggressive Negotiation and Litigation
Our lawyers know how to handle all communications with insurance adjusters, counter lowball settlement offers, and, when necessary, take cases to trial to seek maximum recovery.
Why Choose the Jacob D. Fuchsberg Law Firm?
Clients who turn to our proven team give themselves the following critical advantages:
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- Decades of experience: Our attorneys have successfully handled hundreds of brain injury cases, recovering millions of dollars in compensation for clients in New York.
- No upfront costs: We work on a contingency basis, meaning you’ll pay no attorney fees unless we recover compensation for you.
- Personalized attention: We’ll take time to understand how your concussion has affected your life and what resources you require for your recovery.
- Proven results: Our impressive verdicts and settlements demonstrate our ability to secure meaningful compensation for concussion victims.
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