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Can You File a Lawsuit for a Concussion After a Car Accident in Florida?

If you've been injured in a crash, it's important to know your legal rights and options.

If you sustained a concussion in a car accident caused by another driver in Florida, one of the first questions you might have is, "Can I file a lawsuit?" In most cases, yes, it is possible to file a lawsuit for a concussion or any other injury sustained in a crash. If the accident was caused by another driver's negligence or wrongdoing, you may be able to seek compensation for your injuries and damages through a personal injury lawsuit.

In order to succeed in a personal injury lawsuit, you will need to prove that the other driver was at fault and that your concussion was caused by the accident. This can be done through evidence such as police reports, witness testimony, and medical records. However, the process of filing a lawsuit is complex, and it's in your interest to speak with an experienced car accident attorney to discuss your options and determine the best course of action for your specific situation.

What is a concussion?

A concussion is a type of head injury sometimes referred to as a mild traumatic brain injury (mTBI). However, there's nothing mild or minor about such head injuries. A concussion often involves the brain being violently shaken and bounced around inside someone's head and coming into contact with the skull. If not treated or diagnosed immediately, a concussion can have serious consequences, including permanent brain damage.

How do I know if I have a concussion?

Common warning signs and symptoms of a concussion can include the following:

  • Dizziness or poor balance
  • Frequent painful headaches
  • Memory loss or confusion
  • Nausea or vomiting
  • Blurred vision or difficulty seeing
  • Extreme tiredness and trouble staying awake

Common medical treatments for a concussion

Once a doctor has diagnosed your concussion, they might provide a wide range of medical treatments based on the severity of your concussion and other medical issues. Such medical treatments might involve:

  • Direct you to rest at home or in a hospital for several days to recover. This is especially important during the first 48 hours after sustaining a concussion.
  • Prescribe pain medications if you experience frequent headaches or other aches and pains.
  • Follow-up doctor's appointments to carefully monitor your concussion to ensure you are recovering well and not experiencing any side effects or other medical complications.

How much is my concussion claim worth?

The bottom line is you should be financially compensated for all your expenses related to your concussion. What you might not realize is just how many expenses this includes. It's not just short-term expenses immediately after your accident. You should receive compensation for any anticipated long-term expenses as well, including:

  • Cost of all medical care related to your car accident.
  • Money to repair or replace your damaged vehicle.
  • Replacement income if you cannot work while recovering from your concussion.
  • Lost future income if you have to work at a reduced capacity or cannot perform your job duties in the future due to your concussion.

Add all these expenses, and your concussion injury claim could be worth thousands of dollars or significantly more.

Who's responsible for paying for my concussion?

Florida has a no-fault car insurance system. This means the first place many people seek compensation for their accident-related expenses is from their own car insurance company. But if your accident-related expenses exceed your car insurance policy and another driver caused your crash, you can often seek compensation from the at-fault driver's insurance company.

This might sound simple. But insurance companies often only care about one thing – paying injury victims as little as possible to keep costs down. That's why it's common for insurance companies to delay, dispute, and deny claims. And that's why many crash victims choose to file a lawsuit seeking damages, the legal term for financial compensation.

How can a car accident lawyer help?

At The Cerasa Law Firm LLC, we have years of experience filing personal injury lawsuits on behalf of crash victims throughout Florida. Contact us to learn more about your legal options. Schedule a free consultation with an Orlando car accident attorney you can trust. We handle cases on a contingency fee basis. That means you only have to pay us if we secure a financial settlement or verdict for you.

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