Suffering a brain injury can mean facing serious health issues both temporarily and long-term. You might need to take time off from work and spend days in the hospital getting care. Pain could be an issue as well, along with cognitive difficulties.
One type of brain injury is a concussion. In Montana, traumatic brain injuries (TBIs) are serious issues, with the state having the third-highest TBI death rate in the country. If you sustained a concussion in an accident that someone else caused in the state, you may be planning on filing a personal injury lawsuit for compensation.
But are concussions considered traumatic brain injuries in Montana, and can you seek compensation for them? Here’s everything you need to know about concussion personal injury claims and how an experienced attorney can make a difference.
Understanding the Relationship Between Concussions and Traumatic Brain Injuries
So are concussions considered traumatic brain injuries in Montana? Yes, concussions are a type of mild TBI that can occur when the brain shifts or twists in the skull, resulting in chemical changes that impact cognition. Although all concussions are TBIs, not all TBIs are concussions.
The legal definition of traumatic brain injury is any disruption in normal brain function that is the result of external trauma or force. They tend to be identified as mild, moderate, or severe, depending on the symptoms.
One of these symptoms is how long unconsciousness lasts. Because people who suffer concussions tend to experience brief or no loss of consciousness, the injury is considered to be mild.
How Montana Injury Claims Determine Whether a Concussion Qualifies as a TBI
Although the answer to the common question, “Are concussions considered traumatic brain injuries in Montana?” is yes, it’s important to understand how Montana concussion injury claims determine this. You’ll typically start with an evaluation of your concussion symptoms, along with a determination of how the injury impacts your daily life.
Most people assume that demonstrating you suffered a loss of consciousness is enough, but concussions as traumatic brain injuries do not always cause unconsciousness. When deciding whether the injury is a TBI, neither that particular symptom nor CT scans are as helpful as they would be for more severe TBIs, like a diffuse axonal injury.
Instead, the state may rely on a clinical diagnosis after a neurological exam. This exam will involve considering the direct impact on the brain and the resulting cognitive and functional limitations. The duration of the symptoms also matters when beginning a concussion injury lawsuit in Montana.
Why Concussion Symptoms Can Create Challenges in Personal Injury Cases
To succeed in a personal injury case, it’s not enough to know the answer to, “Are concussions considered a traumatic brain injury?” It’s also vital to understand why concussion symptoms can make claims more complicated.
A concussion legal claim is often difficult to pursue because the symptoms may not show right after you sustain the injury. This could mean that you don’t receive immediate medical attention, making proving causation much more complex.
Concussion symptoms are mostly invisible and tend to include:
- Dizziness
- Confusion
- Headaches
- Memory loss
- Fatigue
You generally won’t see these symptoms in imaging studies, blood tests, or any other common diagnostic procedures.
To make matters worse, some people experience post-concussion syndrome, which results in the injury symptoms lasting for an extended period. These could severely affect your quality of life, which is why regulations in Montana state that even minor injuries to the head need evaluation.
The Most Common Accidents That Lead to Concussion-Related Injury Claims in Montana
Many types of accidents can cause these injuries. Car accidents are a major cause in young people, but among those 65 and older, falls perhaps pose the highest risk. Falls are a serious problem for children, too. Falls are a serious problem for children, too, and account for a high number of TBI-related emergency visits.
Are concussions classified as TBIs when they happen in sports, too? Yes, and that is one of the reasons why Montana law has strict classifications when it comes to concussions. The law even requires the removal of any young athletes suspected of suffering a concussion.
Assaults are another cause of concussions, including domestic violence and child abuse. Shaken baby syndrome, for example, involves the brain suffering several concussions at the same time. This is typically life-threatening for the infant.
It’s also possible to sustain traumatic brain injuries at work, especially if you have a job in the construction industry. You could be hit by heavy machinery or tools, or you could fall from heights.
Evidence That Can Strengthen a Montana Concussion Injury Claim
When filing a mild traumatic brain injury lawsuit, getting an official diagnosis from a professional is essential. You need to keep all of your medical bills and evidence of all the treatment you received. Cognitive testing can be particularly helpful, along with maintaining a thorough list of the symptoms you experienced and the changes in their severity.
Make sure to obtain a copy of the police report of the incident that caused the concussion. Witness testimonies also help to demonstrate that you were a victim. Accounts from loved ones about the changes that they noticed in your personality or moods, along with the functional difficulties you experienced, can strengthen your brain injury accident lawsuit, too.
Additionally, your attorney may use expert witness testimony to support your case. Having medical professionals speak on your behalf about how a concussion can impact the brain can paint a clear picture of just what you have been through.
How Concussions Can Affect the Value of a Montana Injury Case
Concussions can impact a Montana head injury lawsuit in many ways. If you’ll be facing long-term complications like post-concussion syndrome, for example, you may incur significant lost wages and ongoing medical costs. Generally, the higher your economic losses related to your concussion, the higher your potential compensation may be.
Non-economic factors can also play a role in these cases. Brain injuries can cause significant mental anguish because of the chemical changes they prompt. Impacts like these on your quality of life can mean a higher settlement value, too.
Montana Laws and Deadlines That May Affect Concussion Injury Claims
If you’re beginning a traumatic brain injury claim in Montana, it’s important to ensure you’re aware of certain laws that could impact the case. For instance, you don’t have an unlimited amount of time to file a claim.
The statute of limitations in Montana is typically three years from the date of the injury. There could be exceptions to this timeline, however, so you don’t want to wait that long to begin the process.
Workers’ compensation claims are a bit different. If you suffered your concussion at work, you will need to notify your employer within 30 days, and file with the Montana Department of Labor & Industry within 12 months.
Another important thing to keep in mind is that Montana is a modified comparative fault state. This means that you can be partly responsible for your own injury and still recover losses. Your percentage of fault must not exceed 50%, however, or you would be barred from receiving compensation.
How a Montana Injury Attorney Can Help After a Concussion Diagnosis
Concussion settlement cases are complex. You should not pursue them without assistance from an attorney. An experienced lawyer will typically begin the process by investigating the accident that caused the injury. They will work to gather the most pertinent evidence to demonstrate that you deserve compensation, such as expert witness testimony.
Your attorney will be able to calculate your full losses. Settlements for TBIs often reach millions because of how severely they can impact your life. Your lawyer will know how to pursue every dollar you’re owed.
Vitally, your attorney can also handle the negotiation process with insurers. This is often the most challenging aspect of concussion compensation claims because these companies tend to look for ways to pay as little as possible. They rely on numerous tactics to accomplish this, which your attorney will work to counter.
If a fair settlement isn’t possible, one of the options you have is to take the case to court. That is not something you should ever do without legal representation by your side. A lawyer can protect your rights and present the case to a jury to give you the best possible chance of obtaining compensation.
Pursuing a Personal Injury Lawsuit After Suffering a Concussion
Is a concussion considered a traumatic brain injury? The answer is yes, and you have a right to pursue a claim for one if another party caused the injury as a result of their misconduct. To improve your chances of succeeding when filing a claim, it’s essential to turn to an experienced lawyer.
At Brann Law Firm, we understand the stress you’re under, both financially and physically. That is why we work closely with our clients to provide comprehensive and compassionate representation every step of the way.
With the right team by your side, you can seek the compensation you need to cover your medical expenses, lost wages, and pain and suffering. Schedule a free consultation to speak to a top-notch Flathead County attorney today.
