Can a Mild Concussion Be Grounds for a Personal Injury Claim?
Experiencing a mild concussion can feel overwhelming and disruptive, even if it's labeled as "mild." You might find yourself dealing with headaches that won't go away, dizziness that throws off your balance, or trouble concentrating on simple tasks.
These symptoms can linger for days or weeks, affecting your work, family life, and overall well-being. It's frustrating when something that seems minor on the surface turns out to impact your daily routine so much.
Many people brush it off at first, thinking it'll pass, but when it doesn't, they realize how serious it can be. If you've gone through this after an accident, you're not alone, and it's important to know your options for recovery and support.
At Rodman Law Office in Austin, Texas, we help clients throughout the state pursue justice after injuries like mild concussions. Principal attorney Jim Rodman has seen how these injuries can change lives, and we're here to guide you through the process of holding responsible parties accountable. We focus on building strong cases that reflect the real effects on your life, so you can get the compensation you deserve.
Reach out to us today if you've suffered a mild concussion or other personal injury due to someone else's negligence—we're ready to listen and help.
What Is a Mild Concussion?
A mild concussion is a type of traumatic brain injury that happens when your brain gets jostled inside your skull from a sudden impact or jolt. It's often caused by a bump to the head, but it can also occur without direct contact, like in a whiplash situation.
Doctors classify it as mild because it doesn't usually involve long-term unconsciousness or severe structural damage, but that doesn't mean the effects are insignificant.
Symptoms can appear right away or develop over hours or days. Common ones include headaches, nausea, vomiting, dizziness, and sensitivity to light or noise. You might feel tired all the time, have trouble sleeping, or experience blurred vision.
Cognitive issues are also frequent, such as confusion, memory lapses, or difficulty focusing on conversations. Emotional changes can occur, like irritability, anxiety, or feeling down without a clear reason.
Most people recover within a few weeks with rest and avoiding activities that strain the brain, but some face lingering problems known as post-concussion syndrome. This can extend symptoms for months, making it hard to return to normal life.
If you've had multiple concussions, the risks increase for longer-term issues. It's crucial to see a doctor if you suspect one, as ignoring it can lead to complications.
In personal injury contexts, recognizing these symptoms early helps build a case. Medical documentation from the start shows the injury's legitimacy and impact.
Legal Basis for Personal Injury Claims in Texas
In Texas, personal injury claims allow you to seek compensation if someone else's negligence causes you harm. Negligence means they failed to act with reasonable care, leading to your injury. For example, if a driver runs a red light and causes a crash, that's negligence.
To file a claim, you need to prove four elements: duty of care, breach of that duty, causation, and damages. Duty of care is the responsibility others have to avoid harming you, like following traffic laws. A breach happens when they violate that duty. Causation links their action directly to your injury, and damages show the losses you've suffered, such as medical bills or lost income.
Texas follows a modified comparative fault rule, meaning if you're partly at fault, your compensation is reduced by your percentage of blame. If you're more than 50% at fault, you can't recover anything. This makes gathering evidence key to minimizing any shared responsibility.
Claims can settle out of court or go to trial. Most resolve through negotiations with insurance companies, but if they lowball you, a lawsuit might be necessary. Texas caps non-economic damages in some cases, but for most personal injuries, there are no caps.
We assist clients by collecting proof and negotiating fair deals, helping them focus on healing while we handle the legal side.
Can a Mild Concussion Qualify as a Personal Injury?
Yes, a mild concussion can absolutely qualify as grounds for a personal injury claim if it results from someone else's negligence. Even though it's called "mild," the injury can lead to significant medical needs and life disruptions, making it compensable under Texas law.
Courts recognize concussions as traumatic brain injuries, and you don't need severe symptoms to pursue a claim. If the concussion causes you to miss work, incur doctor bills, or deal with ongoing pain, those are valid damages. Insurance companies might downplay mild cases, but with proper evidence, you can counter that.
For instance, in car accidents, if another driver's recklessness causes your head to hit the steering wheel, resulting in a concussion, you can file against them. The same applies to slips and falls on unsafe property or workplace incidents.
The key is showing the injury's connection to the accident and its effects on your life. Mild doesn't mean negligible—many people experience prolonged issues that affect their earning potential or quality of life.
We help clients demonstrate the full scope of their concussion's impact, making sure that they aren't shortchanged by insurers who undervalue these injuries.
Common Causes of Mild Concussions Leading to Claims
Mild concussions often stem from everyday accidents where negligence plays a role, and understanding these can help identify if you have a claim. We've seen many cases arise from situations where safety measures were ignored or rules broken.
Before diving into specifics, it's worth noting that these incidents can happen anywhere, from roads to public spaces, and prompt medical attention strengthens your position.
Car accidents: Rear-end collisions or side impacts can cause your head to snap forward and back, leading to whiplash-induced concussions. Distracted driving is a frequent culprit.
Slips and falls: Wet floors without warning signs in stores or uneven sidewalks can result in falls that jolt the brain.
Sports and recreational activities: Contact sports without proper gear or poorly maintained fields can lead to claims against organizers.
Workplace incidents: Construction sites with falling objects or inadequate training often cause head injuries.
Assaults or violence: Intentional acts can lead to criminal and civil claims.
These examples highlight how common negligence contributes to concussions. By identifying the cause early, you can preserve evidence like photos or witness statements, which are vital for your claim. Discuss the details with an experienced attorney to help your case.
Proving Your Mild Concussion in a Claim
Proving a mild concussion requires solid evidence, as symptoms aren't always visible on standard scans. We guide clients in collecting what they need to make their case convincing.
Start by seeking immediate medical care, even if symptoms seem minor at first. This creates a record linking the injury to the accident.
Medical records and diagnostics: Doctor notes, MRI or CT scans (if done), and follow-up visits show the injury's existence and progression.
Symptom journals: Daily entries on headaches, dizziness, or cognitive issues provide personal proof of ongoing effects.
Witness statements: Accounts from people who saw the accident or noticed your changes post-injury add credibility.
Expert opinions: Neurologists or psychologists can testify on how the concussion affects you long-term.
Work and financial records: Pay stubs showing lost wages or performance reviews indicating a decline help quantify damages.
Gathering this evidence early prevents disputes with insurers. With our support, clients organize these elements into a compelling narrative that maximizes their chances of success.
Potential Compensation for Mild Concussions
Compensation for a mild concussion aims to cover your losses and help you recover fully. Amounts vary based on the injury's impact, but Texas law allows recovery for several categories.
We work with clients to calculate fair values, considering both immediate and future needs.
Medical expenses: Bills for ER visits, doctor appointments, medications, and therapy sessions.
Lost wages: Income missed due to time off work or reduced hours.
Pain and suffering: Non-economic damages for physical discomfort and emotional distress.
Future care costs: If symptoms persist, ongoing treatment or rehab.
Property damage: If the accident involved your vehicle or belongings.
Average settlements for mild concussions in Texas range from $5,000 to $10,000, but can go higher with lasting effects. Severe cases might reach six figures. Negotiating with insurers is key, as they often start low. Our approach confirms that clients get what reflects their true experiences.
Statute of Limitations and Other Time Factors
In Texas, you have two years from the injury date to file a personal injury claim for a mild concussion. This statute of limitations is strict, so missing it could bar your case.
Exceptions exist, like if the injury wasn't discovered right away, but these are rare. For minors, the clock starts at age 18.
Acting quickly preserves evidence and memories. We advise clients to contact us soon after an accident to start building their case within these time frames.
Reach out to Rodman Law Office Today
If you've suffered a mild concussion or personal injury from an accident in Texas, don't wait to seek help. At Rodman Law Office in Austin, Texas, we serve clients across the state, including Travis County, Williamson County, and Hays County. Principal Attorney Jim Rodman and our firm are committed to fighting for the compensation you need to move forward.
We handle everything from evidence collection to negotiations, so you can focus on recovery. Many clients find peace knowing their case is in capable hands. Reach out to us today for a free consultation—let's discuss how we can support you.