When Can You Sue for a Concussion or Mild Traumatic Brain Injury (mTBI)?
Concussions and other mild traumatic brain injuries (mTBIs) are sometimes dismissed as “minor” injuries, but anyone who has experienced one knows how disruptive they can be. Even when labeled “mild,” these injuries can lead to weeks, months, or even years of lingering symptoms that interfere with work, family life, and daily routines. If your concussion was caused by someone else’s negligence, you may be entitled to pursue a legal claim for compensation.
Below we discuss what mTBI is, the circumstances under which you may sue, the types of damages available, and the challenges of proving your case. Contact Kalfayan Merjanian, LLP, to consult with a California personal injury lawyer experienced in TBI and other catastrophic injuries caused by another’s negligence or wrongful conduct.
Understanding Concussions and Mild TBIs
A concussion is the most common type of traumatic brain injury. It typically results from a blow to the head, a fall, or a sudden jolt that causes the brain to move inside the skull. Car accidents, slip and fall incidents, workplace accidents, and sports injuries are among the most frequent causes.
While many people recover fully from a concussion, others experience prolonged symptoms such as headaches, memory problems, sensitivity to light and sound, balance issues, mood swings, and difficulty concentrating. In some cases, post-concussion syndrome can last for months or years, creating long-term difficulties.
When a Concussion Becomes Grounds for a Lawsuit
Not every concussion leads to a lawsuit. To pursue legal action, the injury must have been caused by another party’s negligence or wrongful conduct. Common situations include:
- Car Accidents – If another driver’s careless or reckless behavior caused the collision that led to your concussion, you may have a valid claim.
- Slip and Fall Accidents – Property owners who fail to maintain safe premises may be liable if a hazardous condition caused your fall.
- Workplace Accidents – Employees injured on the job may be eligible for workers’ compensation, and in some cases, may pursue additional claims if a third party was responsible for the accident.
- Sports or Recreational Activities – Schools, leagues, or organizations may be held accountable if negligence in supervision, equipment, or safety protocols led to the injury.
- Assaults – Victims of intentional harm may pursue civil damages in addition to any criminal proceedings against the perpetrator. The owner of the premises where the assault occurred is sometimes liable if their negligent security enabled or facilitated the assault.
The central legal question is whether another party’s negligence or intentional act directly caused your injury.
The Role of Negligence in mTBI Lawsuits
Except in cases of intentional misconduct, to succeed in a personal injury lawsuit, you must establish the elements of a negligence claim:
- Duty of Care – The defendant owed you a legal duty (for example, drivers must operate vehicles safely; property owners must maintain safe premises).
- Breach of Duty – The defendant failed to meet that duty through careless or reckless negligent behavior.
- Causation – The breach directly caused your concussion or mTBI.
- Damages – You suffered measurable harm, such as medical expenses, lost wages, or pain and suffering.
Because concussions are sometimes harder to detect than more obvious injuries, proving the connection between the negligent act and your ongoing symptoms often requires strong medical evidence.
Proving a Concussion or mTBI in Court
One of the challenges in mTBI cases is that imaging scans like MRIs or CT scans often appear normal, even when the injured person is experiencing significant symptoms. This makes medical documentation and expert testimony especially important. Evidence may include, for example:
- Emergency room and hospital records from the time of the accident
- Neurological evaluations documenting cognitive or memory problems
- Neuropsychological testing that highlights deficits in concentration, reaction time, or executive functioning
- Testimony from treating physicians linking the injury to the accident
- Statements from family, friends, or co-workers describing changes in your behavior, mood, or ability to function
An experienced attorney can coordinate with medical experts to present the strongest possible case.
Damages Available in mTBI Lawsuits
If successful, a lawsuit for a concussion or mTBI may provide compensation for both economic and non-economic damages, such as:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Rehabilitation and therapy costs
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
In rare cases involving gross negligence or intentional harm, punitive damages may also be awarded.
The Statute of Limitations
The time you have to file a lawsuit after a concussion varies by state. In California, the statute of limitations for most personal injury cases is two years from the date of the injury. Missing this deadline could prevent you from recovering compensation, even if you have a strong case. For minors or cases where the injury was not immediately discoverable, special rules may apply.
Why Legal Help Matters
Because concussions and mTBIs can be difficult to prove in court, and because insurance companies often downplay these injuries, working with a skilled personal injury attorney can be critical. An attorney can help gather medical evidence, consult with experts, calculate the full value of your damages, and negotiate aggressively with insurers.
Contact Kalfayan Merjanian, LLP, After a Concussion or Mild Traumatic Brain Injury in California
A concussion or mild traumatic brain injury can be life-changing, even if it doesn’t show up on a scan or seems to heal quickly. If your injury was caused by another person’s negligence, you may have the right to file a lawsuit and seek compensation for your losses. Acting quickly to get medical treatment and legal advice can make all the difference in protecting your health and your future. In California, contact Kalfayan Merjanian, LLP, for a free consultation to discuss your claims.
