If you’ve suffered a concussion in California and are considering or involved in a personal injury case, there are several key points to understand—both medically and legally. Here’s a breakdown of what typically matters:
✅ What Is a Concussion (in legal terms)?
A concussion is a type of traumatic brain injury (TBI) caused by a bump, blow, or jolt to the head—or a hit to the body that causes the head and brain to move rapidly back and forth. Even if it’s classified as “mild,” it can have serious long-term effects.
🧠 Concussions and Personal Injury Law in California
In California, personal injury law allows you to seek compensation if you were injured due to someone else’s negligence or wrongdoing. Concussions are often part of these cases, especially in:
- Car accidents
- Slip and fall incidents
- Assaults
- Sports injuries (e.g., school or amateur leagues)
🧾 Legal Elements You Must Prove
To win a concussion injury case, you typically need to prove:
- Duty of Care: The other party had a duty to act reasonably (e.g., a driver obeying traffic laws).
- Breach: They breached that duty (e.g., reckless driving).
- Causation: That breach caused your concussion.
- Damages: You suffered real harm—like medical bills, missed work, or pain and suffering.
💰 What Damages Can You Recover?
You may be entitled to compensation for:
- Medical expenses (past and future)
- Lost income
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Future care or rehab needs
If the negligence was extreme, punitive damages might also be considered.
⏱️ California Statute of Limitations
Generally, you have:
- 2 years from the date of injury to file a personal injury lawsuit.
- If the case involves a government entity (e.g., public school or city worker negligence), a government claim must be filed within 6 months.
🧑⚖️ Proving the Concussion
Concussions can be tricky to prove because they often don’t show up on CT scans or MRIs. Strong evidence may include:
- Medical records & doctor notes
- Neurologist evaluations
- Cognitive or psychological testing
- Witness testimony
- Your personal journal of symptoms
Law Offices of James R. Dickinson – 909-848-8448
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