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What Legal Steps Should You Take in Georgia After Suffering a Concussion?

Concussions, especially when the injury occurs in sports, were frequently overlooked. If the player claims they feel fine, back in the game they go. Now, medical professionals have a better understanding of the potential dangers of concussions. These aren’t injuries you can simply shake off. Concussions aren’t limited only to sports, just about any type of accident can result in head trauma. 

Did you know there are essential legal steps after a concussion injury? If you’re planning on recovering compensation for your concussion injury the process goes more smoothly when you follow these key steps.

Georgia Law and Concussion Injuries in Accidents

Okay, so the Peach State has laws governing student-athletes and concussions. If it’s even suspected a student may have suffered a concussion the law requires immediate medical treatment. In other words, the athlete isn’t heading back onto the field.

This is pretty much where state law begins and ends regarding concussions. Don’t panic. This doesn’t mean you can’t recover compensation for your concussion injury. You only need to refer to a different law. You’re probably looking for personal injury law since it covers pretty much any type of accident and injury, including head trauma like concussions.

So, what does the law say? You should be able to recover compensation for a concussion injury stemming from an accident caused by someone’s negligence. While this sounds pretty straightforward, it’s also where things can get a bit complicated.

Comparative Negligence Rules and Concussion Injuries

As you’re reading through state law, a few words are probably going to jump at you. We’re talking about modified comparative negligence and this rule can impact your ability to recover compensation.

In a nutshell, modified comparative negligence allows for more than one party to be responsible for causing the same accident. Yep, this already sounds confusing and the explanation is just getting started. So, if your concussion injury occurs in a car accident and the other driver ran a red light while you’re making an illegal turn, everyone involved is partially responsible for the collision. This is where modified comparative negligence kicks in.

Since you and the other driver are responsible for causing the accident, a percentage of fault is assigned to each liable party. As long as you’re not assigned more than 51% of the accident blame, you can still file an injury claim. The primary downside is your compensation is reduced by the same percentage as your blame. So, if you’re 25% at fault and your compensation is $100,000, you’ll receive a settlement check for $75,000.

Should You File for Compensation After Suffering a Concussion Injury?

This question isn’t as easy to answer as you may think it should be. This is one only you can answer. However, if any of the following applies to your concussion injury, it may be worth the time and effort to file a claim:

  • Your accident and resulting concussion injury are caused by someone’s negligence.
  • You’re dealing with medical costs and possibly lost wages
  • The concussion is severe enough to affect your quality of life. For example, you’re suffering from long-term or permanent health problems.

You may have decided to go ahead and file an injury claim with the at-fault driver’s insurance provider. If the insurance provider denies your claim or reduces its value, you may want to consider filing a lawsuit in civil court.

Types of Claimable Damages in Concussion Accidents

You’re probably aware you can claim your medical expenses relating to your concussion injury. This includes pretty much everything from diagnosing the injury to treatment. Medication, ongoing treatment, and rehabilitation therapy are also covered. Just make sure you save every scrap of paper relating to your treatment and medical costs. Basically, if you can’t provide proof the insurance adjuster isn’t going to approve your injury claim.

Property Damage

Some accidents like vehicle collisions typically leave victims dealing with property damage. Along with your vehicle, property damage can include just about anything you own. Handheld electronic devices like smartphones and tablets can be listed on the claim if the damage occurs during the accident.

You can even list ripped and torn clothing as property damage. Just like with your claimable medical damages, you’re going to need to provide proof. Usually, the insurance adjuster will ask for things like repair/replacement bills, receipts, and estimates.

Lost Income

This claimable damage often surprises accident victims. If your concussion injury forces you to miss work, you should be able to list lost wages on your accident claim. Yep, you can recover some or most of your lost current earnings. If your concussion requires a lifetime of care, you may even be able to claim your potential lost future earnings.

Don’t get too excited and expect to start receiving paychecks while you’re recovering from your concussion injury. Personal injury law doesn’t quite work like that. The insurance adjuster will review your past pay stubs and work out either your average weekly or annual earnings. Typically, accident victims recover around 80% of their lost income but keep in mind every concussion injury claim is different. You may end up receiving less than 80% of your average take-home pay.

Non-Economic Damages

This is when things get kind of fun and slightly confusing. You’re probably dealing with some pain, suffering, and even mental anguish stemming from your concussion injury. Guess what, you can list these things on your accident claim as non-economic losses.

Non-economic damages are intangible so don’t start hunting for bills and receipts. Instead, you’re going to use either the multiplier or per diem method to estimate the value of your non-economic losses. If you haven’t already talked to a personal injury attorney, now’s probably a good time to make the call. Your attorney can help you figure out the value of your concussion injury claim.

You Can Recover Compensation for a Concussion Injury

Concussions are serious injuries even if you don’t lose consciousness. Along with seeking medical attention, you may want to talk to a Georgia personal injury attorney. Your injury may be eligible for compensation and your attorney can help you navigate the often complex legal process.

Image by Sora Shimazaki from Pexel.


The editorial staff of Medical News Bulletin had no role in the preparation of this post. The views and opinions expressed in this post are those of the advertiser and do not reflect those of Medical News Bulletin. Medical News Bulletin does not accept liability for any loss or damages caused by the use of any products or services, nor do we endorse any products, services, or links in our Sponsored Articles.

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