Concussions are not to be taken lightly

Posted by Injury Lawyers of Ontario on April 12, 2017

Concussions are generally defined as a mild brain injury but due to the complexity of the brain, these types of injuries are still not well understood, nor are outcomes always predictable. Sometimes, concussions that are initially diagnosed as a mild concussion can develop serious and even life-threatening symptoms due to blood clots and/or swelling in the brain.  Even in the absence of life-threatening symptoms, a mild concussion can result in a number of physical and psychological changes that may affect the injured person’s ability to work, their academic performance, relationships, physical ability and mental health.

A concussion is caused by an external blow to the head or a violent jolt of the body, that causes injury and disrupts brain function.  A person does not have to lose consciousness to have suffered injury to their brain.  Also, people who experienced a previous concussion are more likely to incur more serious symptoms after subsequent concussions.   Just as each brain injury is different, the symptoms for every person can be different. The signs and symptoms of a concussion can be subtle and not immediately apparent. 

Anyone who has experienced a concussion or believes that they experienced one, should consult with a physician as soon as possible.   It’s also important to follow your physician’s advice, with respect to recommended actions such as rest and eliminating strenuous activities.  You also need to continue to monitor your symptoms. If symptoms such as headaches, nausea or vomiting, cognitive dysfunction including memory and concentration problems, or slurred speech worsen or persistent, you need to seek medical help immediately. 

Concussions resulting from contact sports such as football and hockey have recently received a lot of publicity. This is not surprising given the celebrity status of players, but particularly because the repetitive head trauma often experienced by professional players can have a devastating outcome, notably chronic degenerative encephalopathy or chronic traumatic encephalopathy (CTE).  CTE is a progressive degenerative disease cause by multiple concussions. Serious symptoms may not exhibit until years after the trauma is experienced and as well as the symptoms one may suffer even after one concussion, such as diminished memory, cognitive problems and personality disorders, disability and symptoms become more progressive with CTE and often result in speech difficulties, social instability, motor impairment, tremors, suicidality and dementia.   

In April 2016, a U.S. Court of Appeal reaffirmed a Federal judge’s landmark decision and gave final approval to the settlement of a class-action lawsuit between thousands of former NFL players and the National Football League.  The settlement was valued at about $1 billion and provides up to $5 million for each retired player who suffered a serious brain injury, such as CTE, resulting from repeated concussions. 

Among the general public, concussions more commonly result from motor vehicle accidents and falls.  Whatever the cause of a concussion, it’s not difficult to imagine that persistent symptoms such as headache pain, attention disorders, depression and behavioural disorder, can easily disrupt our inter-personal relationships and our ability to function on every level.  Although studies have found that most people who experience a collision resulting in concussion improve within three months of their injury, about 20 per cent continue to have long-term symptoms such as memory problems, cognitive problems and/or depression (according to a U.S. National Library of Medicine abstract).  These problems impact not only the accident victims, but their families and friends as well.  Also, there is some evidence that the impact of concussions is generally underestimated and overlooked because many patients do not follow up with medical care after their initial hospital visit, but simply continue to struggle with symptoms that are sometimes quite life-altering.

When someone experiences a concussion caused by a negligent party and their symptoms affect their quality of life and ability to function, they are entitled to seek damages for any losses resulting from their injury.  Some of the damages an injured person may claim are: lost income; general damages for their loss of enjoyment in life, and pain and suffering; medical and rehabilitation expenses; and claims for family members under the Family Law Act.  If you or a loved one experienced a concussion or another serious injury and are considering making a claim, talk to a compassionate and knowledgeable personal injury lawyer at Injury Lawyers of Ontario to get a frank assessment of your case.

 

Sources:

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217580/

http://www.mayoclinic.org/diseases-conditions/chronic-traumatic-encephalopathy/basics/symptoms/con-20113581

http://www.cnn.com/2015/04/22/us/nfl-concussion-lawsuit-settlement/

 

 

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