Concussions usually occur because an individual suffers a blow to their head or a violent shaking. In some cases, people with concussions lose consciousness. Concussions are traumatic brain injuries that affect how the brain works and are often temporary, lasting from one to six weeks. However, in some cases, concussions may be serious and either have long-term effects or lead to post-concussion syndrome, which includes cognitive, emotional, and physical difficulties. If you have been involved in an accident caused by someone else, you should consult a Folsom personal injury attorney to explore your options. The California concussion attorneys at The Law Office of Black & DePaoli, PC may be able to represent you in a lawsuit for damages.
Concussions May Cause Serious Harm
If you suffer a blow to the head or a violent shaking in an accident, you should seek medical care right away. Some symptoms of a long-term concussion include irritability, a sense of not feeling normal, difficulty concentrating, and dizziness. These symptoms may make your life more challenging. If someone else caused your concussion, the responsible individual or entity should bear responsibility for the costs. Often, people who suffer serious concussions need medical care and time off from work.
Generally, you may recover damages from an at-fault party by establishing its negligence by a “preponderance of the evidence” standard. You will need to prove that more likely than not, the defendant was obliged to use a certain degree of care, failed to meet the obligation, and caused your injuries, resulting in actual damages. For example, if you were in a car accident, you might be able to establish the other party’s negligence by proving that they were texting while driving, and this was why they swerved into your car. Our concussion lawyers can help California to residents and others gather evidence to support their claims.
When a concussion is a result of a dangerous property condition, such as a balcony with rotting framing, you will need to show not only negligence but also notice of the dangerous property condition to the owner or occupier. Notice may be actual or constructive. Constructive notice exists when an owner, in the exercise of reasonable diligence, should have known about a dangerous condition. For example, if a balcony is rotting for a few months, but a business fails to put up a warning sign when a maintenance person advises it that he noticed that the beams look like they are decaying, this is likely to meet the notice requirement. In another example, if there is oil spilled in a restaurant aisle for 24 hours, diligent staff should have noticed it, and the restaurant may be deemed to have constructive notice.
Damages that you may be able to recover include medical bills, lost income, mental anguish, pain and suffering, and loss of enjoyment of life. Your attorney may make a significant difference to your recovery of noneconomic damages, since these damages are more subjective.