Charlottesville Concussions Attorney
Many Virginia physicians describe concussions as “mild” brain injuries. True, concussions are rarely life threatening. But there is nothing else “mild” about them. Common symptoms often include lack of coordination, memory loss, nausea or vomiting, tinnitus (ringing in the ears), sleepiness, headaches, confusion, dizziness, and excessive fatigue. Rest is the only known cure for a concussion.
Many people do not think about reaching out to Charlottesville concussion lawyers, like the ones at MichieHamlett, in the wake of such an injury. The economic and noneconomic damages are usually minimal, in individual cases. But at an organizational level, concussions usually indicate a more serious problem. It’s only a matter of time before someone gets seriously hurt, either due to a more serious brain injury or the cumulative effect of many concussions.
What Causes Concussions?
These injuries are very common. Some experts believe that there is one concussion every twenty seconds in the United States.
A combination of a blow to the head and a pre-existing condition usually causes a concussion. The blow to the head might not be much more severe than walking into a door. The nature of the blow to the head often creates some legal issues, as outlined below. The pre-existing condition is normally:
- A previous fall, particularly if the victim was an older adult or a child,
- Participating in a contact sport,
- Prior military service,
- A previous concussion,
- Certain genetic predispositions, and
- Lack of proper supervision or safety gear during contact sports.
That last bullet point might be the most important one. Youth sports are particularly notorious for their failure to provide the latest safety gear. Furthermore, since children’s brains are developing rapidly, they are more prone to concussions. Other organizations do not have an independent concussion protocol program.
These programs are important because many concussed athletes insist that they “feel fine.” Since the brain often conceals its own injuries, these athletes ask to go right back into the game.
Liability Issues
Organizations are responsible for the safety of their participants. This responsibility includes preventing brain injuries, like concussions, and providing financial compensation for victims. To establish liability, a Charlottesville brain injury lawyer must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Additionally, an attorney must refute some common insurance company defenses in these claims. Assumption of the risk might be the most common one. This legal loophole excuses negligence if the victim:
- Voluntarily assumed
- A known risk.
In this context, assumption of the risk often involves a liability waiver. Almost all sports participants must sign such waivers. However, these waivers are usually not voluntary. Instead, they are take-it-or-leave-it contracts of adhesion. Additionally, most participants must sign the waiver to participate, even if they paid money to join the team.
Furthermore, the long term risk of CTE (Chronic Traumatic Encephalopathy), which is the cumulative effect of multiple concussions, is usually not a known risk.
Count On a Diligent Concussion Attorney
Concussion injury victims need emotional and financial support. For a free consultation with an experienced Traumatic Brain Injury lawyer in Charlottesville, contact MichieHamlett. Home, virtual, and hospital visits are available.
