Can You Sue for a Concussion in Oklahoma?

It’s a common scene in action movies and TV shows: a character is struck in the head, falls unconscious, and wakes up a few hours later in the hospital with no lasting damage.  Unfortunately, the medical reality of a concussion is far more serious than Hollywood depicts it to be.  Falling unconscious for as little as a few minutes or even a few seconds is an indicator of a mild traumatic brain injury (TBI), which can have debilitating effects on the victim’s mental and physical function.

While legal action cannot undo the accident that has already taken place, you may have a right to get compensated for your medical bills, lost income, and the pain and suffering caused by your head injury.  Turn to the trusted Oklahoma personal injury firm of Hasbrook & Hasbrook for friendly assistance and aggressive representation.

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If you or one of your family members suffered a concussion because of another person’s careless actions, you may be able to recover compensation to help lift the financial burden of your current and anticipated expenses.  The Oklahoma City traumatic brain injury lawyers of Hasbrook & Hasbrook can help.  We have more than 75 years of combined experience representing concussion, TBI, and head injury victims in Oklahoma City, Edmond, Norman, Moore, Chickasha, El Reno, Guthrie, and other communities in the area.

To talk about getting compensated for your concussion injury in a free legal consultation, call Hasbrook & Hasbrook right away at (405) 698-3040.  We can help determine whether you have a case, and if so, the steps you may wish to take next.  With over 75 years of combined experience, our law firm is here to help you understand and exercise your legal rights as an injury victim.

Causes, Symptoms, and Long-Term Effects of a Mild TBI or Head Injury

A concussion is a mild traumatic brain injury, sometimes called MTBI.  In medical language, the term “trauma” describes a physical blow (as opposed to a tumor, infection, meningitis, or other non-traumatic sources of brain injury).

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Concussions and other brain injuries occur for a variety of reasons – many of which are caused by negligent, preventable human errors.  Some common causes of concussions and mild TBI include:

Traumatic brain injuries are divided into three categories – mild (concussions), moderate, and severe – depending on factors including:

A concussion or MTBI will return a normal brain scan.  However, abnormalities will be present with a moderate or severe TBI.

Even though a concussion or MTBI does not result in brain scan abnormalities, the victim can still experience a range of painful and disruptive cognitive, emotional, and physical symptoms and effects.  Depending on factors like the location and size of the injury, the victim might suffer from effects such as:

The victim might also suffer from a condition called post-concussion syndrome, in which the effects of a concussion persist for weeks or even months after the injury.  Though uncommon, it is possible for post-concussion syndrome to continue for more than a year.  A person with post-concussion syndrome may be unable to safely drive a car or perform their job duties during this time, leading to huge financial losses atop already considerable treatment expenses.

What Damages Are Recoverable for a Traumatic Brain Injury Victim?

It may be possible to sue for a concussion in Oklahoma if certain facts were true of the accident which caused your head injury:

  1. The person who injured you owed you a duty of care. (For instance, drivers have a duty of care to other drivers, cyclists, and pedestrians.)
  2. The person breached their duty of care by acting negligently. Negligence means failing to exercise the necessary and reasonable precautions to avoid a foreseeable accident – for example, playing with a smartphone app instead of watching the road, leading to a preventable car crash.
  3. The person’s actions, or lack thereof, caused your accident and resulting injury.
  4. You suffered harm as a result of the person’s actions.

If you think this might describe your accident, even if you aren’t completely sure, you should speak to our experienced Oklahoma City concussion attorneys immediately.  You may be able to recover compensation, also called “damages,” for your pain and suffering, lost income, and various medical expenses, such as ambulance rides, hospitalization, and medication.

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There is no limit on the amount of compensation you can recover for your financial losses, called “economic damages,” in Oklahoma.  Compensation for pain and suffering, called “non-economic damages,” is limited to $350,000 by state law.  If the defendant engaged in extreme misconduct, it may be possible to obtain punitive damages, which may be capped at $100,000, at $500,000, or not at all, depending on the situation.

If you, your spouse, or your child suffered a concussion after being in a car accident, slip and fall accident, or other type of accident, you should talk to our Oklahoma City head injury attorneys as soon as possible.  Call the law offices of Hasbrook & Hasbrook at (405) 698-3040 to set up a free, completely confidential legal consultation.