Can You Sue if You Suffer a Concussion in a Texas Car Accident?

At Pat Maloney: Accident & Injury Attorney, we have more than 40 years of experience holding drivers liable for the accidents they cause. Our San Antonio concussion lawyer works with neurologists, neurosurgeons, ER doctors, and other physicians to verify that you or a loved one had a concussion. Many concussion victims have physical, cognitive, and emotional challenges.
Our car accident lawyer seeks compensation for financial losses and personal damages. Call us today to discuss your rights if you or a loved one suffers a concussion.
How do car accidents cause concussions?
According to the ER of Dallas, a concussion occurs when the brain comes into contact with the skull’s interior, causing the brain to twist or move inside the skull. The movement can, in turn, cause chemical changes to the brain and stretch and harm brain cells.
When your car stops, your body can continue to move until it strikes a dashboard, windshield, door, a steering wheel, or another person – causing a concussion. You can also experience a concussion if your head doesn’t strike anything due to the intense movements inside your skull.
While many single concussions do not cause permanent brain damage, repeated concussions may be associated with long-term brain effects.
What are the symptoms of a concussion?
Concussion symptoms may not be immediately apparent, which is why San Antonio accident victims should seek immediate medical attention.
According to the Mayo Clinic, a concussion can cause a car accident victim to lose consciousness, but most people with concussions don’t lose consciousness.
Concussion symptoms that the victim may experience or others may observe include:
- Headaches
- Nausea
- Ringing in the ears
- Fatigue
- Difficulty seeing
- Vomiting
- Confusion
- Dizziness
- Slurred speech
- Temporary loss of consciousness
- Asking the same questions repeatedly
Delayed symptoms may include trouble concentrating, light and noise sensitivity, irritability, difficulty sleeping, depression, and taste and smell changes.
It can be harder to diagnose concussion symptoms in children because they have difficulty expressing their symptoms.
Concussion complications
Some of the risks of a concussion include the following:
- Headaches that last for days or weeks
- Post-traumatic vertigo/dizziness
- Post-concussion syndrome (long-lasting concussion symptoms)
- Second impact syndrome (according to the Mayo Clinic) is a rare complication where victims experience “a second concussion before symptoms of a first concussion go away.” Second impact syndrome can cause rapid brain swelling, which can be fatal
How do doctors in San Antonio diagnose a concussion?
ER of Dallas and the Mayo Clinic state that the ER doctor, a neurologist, or your own doctor may conduct the following tests:
- A physical examination.
- A neurological exam. This test examines a patient’s:
o Vision
o Hearing
o Coordination and balance
o Strength
o Sensitivity
o Reflexes
- Imaging tests. These may include a CT scan and an MRI scan, depending on whether the victim is an adult or a child, and other factors.
- An EEG (electroencephalogram), if the victim experiences seizures after the concussion, to track the victim’s brain waves.
- Cognitive tests. These tests examine the victim’s memory, recall abilities, and concentration.
- Observation, which may include hospital admission overnight in some cases, depending on the patient’s condition.
Are there treatments for a concussion in Texas?
The Mayo Clinic identifies the following treatments for a concussion:
- Relative rest, physically and mentally, for the first 48 hours. Your doctor should review what activities may help and which activities to avoid, depending on your symptoms.
- Medications. Your doctor may recommend a pain reliever such as acetaminophen (Tylenol and others). For the first one or two days, the Mayo Clinic says, ‘Don’t take other pain relievers such as ibuprofen (Advil, Motrin IB, others) and aspirin. These medicines may increase the risk of bleeding.’
Each person’s ability to recover from a concussion, which is a type of traumatic brain injury, differs. Patients should work with their healthcare providers during their recovery process.
ER of Dallas says that head injuries can sometimes cause a neurogenic fever, although fever can also have infectious or other causes. ER of Dallas describes six general stages of concussion recovery:
- Acute Injury. This is the first 24 to 72 hours after the concussion. As discussed above, patients should avoid strenuous physical and mental activity during this stage.
- Physical rest. Generally, sleep and rest help the recovery process. Family members should be alert to any concerning symptoms that may require awakening their loved one.
- Observation. Patients should follow their doctor’s instructions before resuming physical activities, such as driving and running errands.
- Additional care for concussion victims with post-concussion syndrome. More rest and observation may be necessary.
o Having a network of caring relatives and friends who can help with housework, meal preparation, shopping, running errands, and providing financial support when needed is essential during this time.
- Therapy and rehabilitation. Over the long term, the brain needs time to heal. Patients may benefit from cognitive exercises, such as word games and puzzles. Some patients may undergo evaluation for autonomic nervous system dysfunction if clinically indicated.
- Gradually returning to normal.
o Regaining life before the injury is the last phase of healing. Even years after a traumatic brain injury, the brain can heal itself, but recovery may not come easily for some.
How much is a concussion injury worth in San Antonio?
Our San Antonio concussion attorney works with you, your doctors, and your family to understand all the ways your concussion is still complicating your life. After a San Antonio car accident, our concussion lawyer will seek compensation for all of the following:
- Your recoverable medical expenses, including emergency transport, ER care, hospitalizations, doctor visits, rehabilitative therapy, medications, and other medical care
- Your lost income and benefits, including temporary and permanent loss of earning capacity
- Your daily physical pain, cognitive challenges, and emotional suffering
- Property damage, including damage to your car
- Loss of enjoyment of life
- Loss of consortium for an injured person’s spouse (marital comfort and enjoyment)
We also file wrongful death claims on behalf of eligible surviving family members if a concussion due to a car accident causes the death of a loved one.
FAQs
How long do car accident victims in San Antonio need to recover from a concussion?
ER of Dallas states that most symptoms of a concussion take 14 to 21 days to go away. Some concussions may take much longer.
Can a concussion cause a fever?
ER of Dallas says that head injuries can sometimes cause a neurogenic fever, although fever can also have infectious or other causes.
Contact our San Antonio concussion law firm today.
If you were in a car accident that caused a concussion, you may have a claim against the party responsible for the accident. At Pat Maloney: Accident & Injury Attorney, we hold drivers, car owners, and others accountable when they cause serious injuries to drivers, passengers, pedestrians, and bicyclists.
Please call our concussion attorney or complete our online contact form to schedule a free consultation.
Pat Maloney, Jr. is a skilled San Antonio personal injury lawyer who has acted as lead counsel and co-counsel in many multi-million dollar verdicts throughout Texas. Pat Maloney represents people injured in car accidents, truck accidents, construction accidents and more. He is well known for his expertise in representing victims of serious personal injuries and has participated as a lecturer in the field of personal injury litigation. He has been named as one of the “Best Lawyers in America” Reference Book every year for the last five years.