New medical research continues to show that concussions, also known as traumatic brain injuries, can have a devastating long lasting impact. Traumatic brain injuries are often hard to diagnose. Symptoms are erratic, variable, and sometimes will take awhile to appear at all. Emergency responders, and even well trained doctors, have been known to miss the signs of serious traumatic brain injuries. This is true even though concussions are relatively common. The Centers for Disease Control and Prevention reports that two million concussion occur in this country annually. If you have suffered a traumatic brain injury in Illinois, you should speak to an experienced personal injury attorney as soon as possible.
Spotting a Traumatic Brain Injury
It cannot be emphasized enough: head injuries are always serious and they always require professional medical attention. Concussion symptoms can vary widely. If you or a loved one has suffered a blow to the head, please watch for the following symptoms:
- Losing consciousness, even briefly;
- Confusion or short term memory loss;
- Numbness or tingling in the extremities;
- Nausea or vomiting;
- Dizziness; headaches or blurred vision;
- Fatigue; and
- Unexplained vision problems.
Those symptoms, and any other unexpected changes, often indicate that something is wrong. Left undiagnosed, concussions can cause serious long term problems.
Proving Liability for a Concussion
Similar to most Illinois personal injury cases, recovering damages in a traumatic brain injury case requires proving that another party was negligent. If you can prove another party’s negligent actions caused your injury, you can hold them liable for your injury. Proving negligence is a four step process – you must show the existence of:
- Breach of duty;
- Causation; a d
As an example, imagine a situation in which a heavy object falls off of a grocery store shelf and hits a customer in the head. The customer seeks medical attention and is diagnosed with a concussion. Assume that after an investigation, it is determined that the object fell off the shelf because it was placed too close to the edge by a careless store employee. If that customer is going to recover compensation from the grocery store, he or she needs to prove that the store’s actions met all four elements of the negligence standard. In this scenario, the store had a legal duty to protect its customers from falling object. Customers reasonably expect that store shelves, and the products on them, are secure. The store breached its duty when one of its employees put the heavy object in a dangerous position on the shelf. By placing the object in such a precarious position, the store caused the concussion of the customer. Finally, the customer would have to show their medical bills and medical diagnosis to prove all of their damages. In that situation, the customer can prove all four elements of negligence, and therefore the customer can hold the grocery store liable for their traumatic brain injury.
Contact An Experienced Personal Injury Lawyer
If you have suffered a head injury, and you believe your injury was caused by another party’s negligence, you should contact an experienced personal injury lawyer as soon as possible. Illinois traumatic brain injuries cases are very fact specific. Your lawyer will be able to comprehensively review your accident and will be able to determine the best way for you to get justice and fair compensation.