Can I file a claim for loss of consciousness?
Motor vehicle accidents are among the leading causes of concussions – a mild kind of traumatic brain injury. There is some degree of misconception whether one has to lose consciousness for a brain injury to take place. Medical evidence has shown time and time again that a brain injury can occur both with and without loss of consciousness. In fact, close to 90 percent of concussions are not preceded by a loss of consciousness. When the force of impact causes the brain to jolt back and forth inside the skull, the delicate tissues are prone to bruising, bleeding and tearing. After any type of car crash or collision, a loss of consciousness is a crucial marker for potential brain injury, and, if negligent actions were involved, victims may have a right to file a claim for damages. If you are uncertain whether a loss of consciousness will impact your legal claim, consult with a veteran personal injury attorney at Ellis Law.
Loss of consciousness and brain injury
The Centers for Disease Control and Prevention describes a concussion as a type of traumatic brain injury (TBI) caused by a blow, jolt or bump to the head. Even a mild knock to the skull can cause serious injury. Rear-end collisions are a classic example of this dynamic. The driver’s head whips forward and backward jerkily, possibly striking the steering wheel. During this brief period of time, mild to severe brain trauma can occur. Concussions are rated according to their severity as follows:
- Grade I concussion: there is no loss of consciousness
- Grade II concussion: loss of consciousness for a few seconds to less than five minutes
- Grade III concussion: loss of consciousness for 5-30 minutes or longer
There is general consensus that a loss of consciousness for more than 30 minutes is indicative of a moderate to severe TBI. However, it is not unusual for insurance companies to attempt to deny or undercut injury claims by arguing that a plaintiff did not lose consciousness, and therefore did not incur a TBI. When pursuing compensation against a negligent driver, you need a trusted advocate who has extensive experience handling brain injury claims, knows how to overcome arguments and craft a compelling case.
Subtle symptoms of brain injury
Traumatic brain injuries that are labeled as “mild” still have far-reaching effects, especially if the victim has suffered prior concussions. In accidents where consciousness is retained, the symptoms of brain injury are frequently subtle or may not be noticed for several days or even weeks. One day you may feel perfectly normal and the next you’re having trouble remembering your address and phone number. The signs and symptoms of a concussion are physical, cognitive and sensory in nature.
It is often a relative or friend who first recognizes changes in the victim. They may begin to move in a clumsy fashion, have trouble recalling events prior to or after the accident, or seem like they are in a constant haze.
Other symptoms of brain injury to watch for include:
- Personality, behavior and mood changes
- Severe headache and nausea
- Profound confusion or agitation
- Unusual fatigue
- Problems with balance and coordination
- Memory and concentration problems
- Visual and sound disturbances
The symptoms of brain injury can vary tremendously from one person to the next. Because they can be slow to manifest, it is not uncommon for concussions to go undetected and undiagnosed.
Mild TBIs can still have lasting effects
The nature of brain injuries and their dramatic effects such as disorientation, confusion, memory impairment and cognitive changes make it important to seek medical treatment right away. Here at Ellis Injury Law, our attorneys understand the lasting ramifications of TBIs and have secured favorable case results for accident victims throughout the greater Los Angeles area. Our proven strategies of maximizing damages in auto accident lawsuits can make a world of difference in your claim.
When seeking justice and fair compensation for your injuries, you want one of the best Los Angles car accident attorneys who will work with top medical providers and industry experts who lend credence to the substantive damages you have suffered.
Effective representation is key to a successful claim
When you partner with one of the top Los Angeles personal injury lawyers at Ellis Law, you can move forward from your injuries with confidence. Our award-winning legal team wins 99 percent of all the cases we take on, and we have what it takes to establish liability and recover the damages to which you are entitled.
Call our law offices for a free consultation today and put our high-caliber attorneys to work for you!