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1. The true losses suffered in a Car Accident are often under-estimated.2. Who can claim motor vehicle injury compensation?3. What can you claim for as part of motor vehicle injury compensation?4. What are the most common road and car accident injuries?
Brain with lighting icon for concussion injury compensation claims

If you have suffered a concussion as a result of someone else’s negligence, such as in the workplace, or in a car accident that was not your fault, you may be able to seek compensation for your injuries and any loss you have suffered as a result. Speak to our personal injury lawyers today about how you may be able to make a claim for concussion compensation.

Concussion happens when a person hits their head, or when the head or neck is jolted or moved suddenly, causing the brain to bounce against the hard bones of the skull and causing damage to the neurons in the brain. 

Concussion can be suffered when playing sport, in a road accident, or even when falling down the stairs. You do not have to hit your head to suffer concussion, which is why it is important to ensure that whenever a person suffers a head injury of any kind - whether it is through whiplash in a car accident or in a rough tackle playing sport - concussion is considered and appropriate care is provided.

Brain with lighting icon for concussion injury compensation claims

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What is concussion?

Concussion is a traumatic brain injury that is suffered when a person hits their head or experiences a head injury, whether direct (contact with an object) or indirect (a violent jolt). 

Concussion is the result of the brain being moved such that it collides with the skull, or twists on itself. Just as when you kick your toe, you suffer bruising and cell damage, but when the damage is to the brain and its neurons, the result is concussion. Because our brains are so central to our mood, perception and experience of the world, a concussion can cause a significant impact on a person’s life.

Is concession a traumatic brain injury?

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In short, yes, concussion is a form of traumatic brain injury (TBI). Despite being a very mild form of traumatic brain injury, concussion can still cause lasting impacts on a person’s life long after their injury occurs. While there is no universal definition of concussion, what is certain with concussion is that it results in a swift temporary change in brain function that heals without serious medical intervention. Symptoms of concussion include disorientation, nausea, balance problems, change in mood, headaches, and/or confusion. It is important to note that in many cases, people will not display any symptoms. This is why it is important that if you suspect concussion from a blow to the head you should seek medical attention.

The treatment for a concussion should involve the person who has suffered the injury being taken to an emergency room for assessment. After all, while someone may have suffered a mild injury, there is also the risk that someone will suffer a more serious type of brain trauma which does require immediate medical attention. If someone hits their head or suffers whiplash, you should ensure they are not alone for the following 24 hours, and if there are any symptoms such as unconsciousness, vomiting, headaches, confusion, slurred speech, or blurred vision you should seek immediate medical attention.

Common causes of concussion

Concussion can be caused in a number of ways. Some of the most common causes of concussion include:

Road and traffic accidents

Airbag in face of driver in car accident with concussion icon

When you are in a vehicle you are particularly vulnerable to a head injury due to being whip-lashed if you are hit from behind, or suffering an injury to the head if you are in a collision of any kind - even a single vehicle accident. While the presence of an airbag does reduce the potential for a head injury, people can still suffer brain trauma through car accidents. If you have been in a car accident that was not your fault and have suffered concussion, speak to us about making compensation claims against the insurance of the at-fault driver. You may also claim against the driver of a car in which you were a passenger if they have caused an accident in which you have suffered injury. 

Workplace accidents

Workers in industrial workplaces are naturally at a higher risk of getting concussion compared to an office worker. This is due to the nature of the work being undertaken, and the risks associated with the workplace, such as machinery and tools. Workplace accidents can happen due to negligence, whether employer negligence or worker negligence, or can happen due to equipment or machinery failure, such as a door falling open, or a machine breaking. Concussion in the workplace is generally covered by workers compensation.

Public place accidents

If you suffer a head injury when you are out in a public place resulting in concussion, and your injury was caused by the negligence of the person or company responsible for maintaining the public place, you may be able to make a public liability claim for compensation. A public place accident might happen where something falls from a height, striking you on the head, or you may slip or fall in a public place like a supermarket, resulting in you hitting your head causing concussion.

Slipping/falling

Whether at home or out and about, slipping and falling can result in a concussion if you hit your head while falling or strike your head on the ground. Again, if your slip or fall has been caused by the negligence of someone else (say for example, a spill that has not been cleaned up) then you may be able to make a claim for compensation.

Sporting accidents

Footballer doing a header with soccer ball to show concussion injury from sports icon

One of the most common ways to suffer a concussion is through a sporting accident. Sports accidents can cause concussion in a number of ways, whether through a hard tackle in AFL, tripping over at netball, being hit in NRL, or being struck with a ball or bat while playing cricket. 

Sporting concussions require immediate attention, with the potential for serious and lasting consequences. A key thing to remember is that in many cases, a concussion caused in a sporting accident will not necessarily warrant a claim for compensation, as there is no specific person who owes the duty of care in many cases. However, if you believe there was a duty of care owed which has not been followed, speak to our personal injury solicitors about how we may be able to help with your injury compensation claim for concussion.

Compensation for post concussion syndrome

Post-concussion syndrome is a medical condition whereby the symptoms of concussion last beyond the generally-expected period of recovery time for concussion. In 90% of adult concussions, sufferers can expect to see a complete resolution of their symptoms within two weeks of their injury. However, for the remaining 10% of people who have suffered a concussion they will suffer from ongoing post-concussion symptoms, including sensitivity to light/noise, poor balance, reduced cognition, irritability, memory problems, and ongoing impacts to occupational, social, and emotional function.

If you have suffered a concussion causing mild brain damage, and your symptoms have not resolved, you may be suffering from post concussion syndrome. Post concussion syndrome can impact on your ability to work and maintain social relationships in the long term, so if your injury was caused by the negligence of someone else, such as in a car accident, or in the workplace, it may be worth speaking to our personal injury lawyers about how to make a claim for compensation.

How much compensation for concussion?

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The amount you receive will vary depending on the type of injury suffered, the time it takes you to recover, the loss you have had, and any relevant factors. Generally, a claim for compensation will include:

  • Lost income or wages (including superannuation)
  • Medical expenses and associated costs
  • Pain and suffering
  • Domestic care and rehabilitation

When making a claim for compensation for concussion you want to ensure you receive the compensation you deserve for the loss you have suffered. Our lawyers will work with you to assess your compensation claim, and will research your matter thoroughly to ensure no stone is left unturned in your compensation claim. Our personal injury lawyers will work through compensation calculations and advise you on where you stand, and what your options might be.

Time limits for concussion injury claims

Clock with alert symbol to show concussion compensation time limits

If you have suffered a concussion and the injury was caused by someone else’s negligence, you will generally have three years from the date the injury occurred in which to commence your claim for compensation. The time limits for personal injury claims do vary depending on what type of injury you have suffered, how you suffered it, and whether you were at work or in another environment when you were injured. For example, if you were at work when you were injured, you must notify your employer of your injury as soon as possible, and lodge your claim to WorkCover within six months.

Speak to our personal injury lawyers about time limits for concussion compensation claims as soon as possible so that you can find out where you stand for your right to claim.

Posted by Richard Greenwood Head of Marketing

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Disclaimer: Please note, this content is designed as general information only and does not constitute legal advice. While we make every effort to fact check and keep items up to date, legislation may change from time to time. For advice on your specific situation then please contact us.
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