Concussions, often referred to as mild traumatic brain injuries (mTBI), have gained significant attention in recent years due to their prevalence and the potential for long-term consequences. When a concussion arises from an accident, such as a sports-related incident, a fall, or a motor vehicle collision, the legal landscape becomes complex, particularly in determining liability and damages.

This blog post will explore the challenges associated with concussion cases in Ontario, focusing on post-concussion syndrome (PCS) and the importance of seeking legal counsel to assist with your personal injury claim.

Understanding Concussions and Post-Concussion Syndrome

A concussion is a type of traumatic brain injury (TBI) often caused by a sudden jolt or blow to the head. While many individuals recover fully, a subset develop post-concussion syndrome, a collection of symptoms that persist or emerge after the initial injury. While a single concussion will not typically result in a permanent injury, certain factors can increase the likelihood that a person will experience prolonged symptoms and/or permanent brain damage. Individuals who have sustained more than one head injury may also be more susceptible to post-concussion syndrome.

Understanding Post-Concussion Symptoms

Symptoms of concussions and post-concussion syndrome can be debilitating for many individuals and can vary widely. While concussion symptoms are generally transient, often resolving within a few days or weeks, some symptoms may last longer. Accordingly, post-concussion syndrome typically occurs when symptoms persist beyond 3 months. Some common symptoms of post-concussion syndrome include:

• Headaches;
• Dizziness;
• Fatigue;
• Cognitive difficulties, including memory loss, confusion and difficulty paying attention;
• Mood swings;
• Sleep disturbances;
• Balance problems;
• Ringing ears;
• Personality changes;
• Light and sound sensitivity; and
• Anxiety and irritability.

When assessing symptoms, medical specialists will generally examine a patient’s medical history, conduct functional tests, and perform conventional imaging of the individual’s brain to rule out other injuries. It is also important to bear in mind that the severity of the initial brain injury and whether or not the individual lost consciousness at the time of the initial injury does not necessarily dictate whether an individual will suffer from post-concussion syndrome.

Common Causes of Concussions and Brain Injuries

Brain injuries and concussions can be the result of various incidents, including but not limited to:

• Neurological illness, infections or tumors,
• Whiplash-type acceleration/deceleration injuries from car accidents;
• Direct trauma to the head; and
• Repeated blows to the head in contact sports (such as hockey, rugby and football).

Navigating Concussion Recovery and Post-Concussion Syndrome

Rest is a critical component for healing and recovering from a concussion. Although this may be difficult for individuals who were active before their injury, resuming regular activity too soon can be detrimental. Therefore, individuals are encouraged to return to their pre-accident activity levels gradually. Some strategies used to teach post-concussion symptoms include:

• Taking steps to relax and reduce stress;
• Minimizing screen use;
• Keeping a detailed journal to track symptoms and understand what stimuli might worsen symptoms;
• Getting regular sleep; and
• Avoiding activities that pose a risk of being hit (such as contact sports).

If an individual is diagnosed with post-concussion syndrome, their treatment plan will vary depending on symptom clusters. Some common treatments used to manage such symptoms may include:

• Non-contact exercise (exact exercises to be discussed in consultation with a medical treatment team);
• Prescription medication; and/or
• Therapy (such as occupational therapy, speech therapy, cognitive therapy or psychotherapy).

The Challenges of Proving Concussion-Related Injuries

Unlike fractures or lacerations, concussions and other brain injuries often lack visible physical manifestations. This can make it challenging for an injured party to prove the extent of injuries and their impact on their life. Key challenges include:

• Subjective Symptoms: Many concussion symptoms are subjective, making it difficult to quantify their severity and impact.
• Delayed Onset: Symptoms may not appear immediately, making it challenging to link them directly to the accident.
• Chronic Nature: Post-concussion syndrome can be a long-term condition, requiring ongoing medical treatment and potentially impacting a person’s ability to work and engage in daily activities.

In Ontario, someone who is injured in a motor vehicle accident must typically meet a threshold of serious impairment to recover damages for pain and suffering. However, proving to an insurer that a concussion has resulted in a serious impairment can be complex, as it often requires expert medical evidence to demonstrate the long-term effects of the injury. Unfortunately, a concussion can profoundly impact your day-to-day life and can prevent you from working for weeks or months.

To help overcome these challenges, expert medical assessments and reports can serve as crucial evidence in personal injury claims. Neurologists, neuropsychologists, and other medical specialists can assess the severity of the concussion, diagnose post-concussion syndrome, and provide evidence of its impact on the injured person’s life. Witness statements from an injured party’s friends and family members can also be evidence used to support your injury claim. This information can help compare and contrast the impact of the injury on the individual’s daily activities and relationships, both pre-accident and post-accident.

The Importance of Seeking Legal Advice for Your Injury Claim

If you have suffered a concussion or traumatic brain injury in an accident, seeking legal advice promptly is crucial. Long-term symptoms can significantly impact an individual’s social, family and working relationships. Individuals may sometimes need to restructure various aspects of their lives to avoid triggering stimuli. It is also helpful for friends and family members to be educated on concussions and post-concussion symptoms.

Seeking help from a skilled personal injury lawyer can ensure that you understand your rights in the legal process following an accident. When pursuing your personal injury claim, your lawyer will gather evidence, help you build a strong case, and advocate for your rights. They can also help you understand the complexities of concussion-related claims and maximize your chances of recovering fair compensation.

The Personal Injury Lawyers at Tierney Stauffer LLP Represent Clients With Concussions and Traumatic Brain Injuries

The team of talented and compassionate personal injury lawyers at Tierney Stauffer LLP recognize that no two accidents are alike. If you or a loved one have sustained a brain injury due to another party’s negligence, we will review the circumstances of your accident and build a strong case highlighting the impact of your injury on your daily activities. Our lawyers will guide you through the claims process and will provide tailored advice each step of the way. To learn how we can assist you after an accident, contact us by phone at 1-888-799-8057 or online.