Many Virginia physicians describe concussions as “mild” brain injuries. While concussions are rarely life threatening, there is nothing truly “mild” about them. Common symptoms 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.
After such an injury, many people do not think about reaching out for legal help. However, a Charlottesville concussion injury lawyer at MichieHamlett can evaluate your situation and determine whether you may be entitled to compensation. While damages in individual cases may seem minimal, concussions often signal more serious issues—either from a severe brain injury or the cumulative effect of repeated concussions.
Contact our seasoned traumatic brain injury attorneys today.
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:
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.
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:
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.
Concussion injury victims need both emotional and financial support. For a free consultation with an experienced Charlottesville concussion injury lawyer, contact us at MichieHamlett today. Home, virtual, and hospital visits are available.
