Legal Representation for Concussion and Mild TBI Victims
A concussion — clinically classified as a mild traumatic brain injury (mTBI) — is far from “mild” in its impact on victims’ lives. According to the Centers for Disease Control and Prevention (CDC), approximately 2.8 million traumatic brain injury-related emergency department visits occur annually in the United States, with the majority classified as mild TBI. Despite the “mild” label, these injuries can cause debilitating symptoms lasting weeks, months, or even years — disrupting careers, relationships, and daily functioning.
At Roden Law, our concussion lawyers understand that insurance companies routinely exploit the “mild” classification to minimize the value of these claims. We build comprehensive medical and expert evidence demonstrating the true impact of your concussion on your life, health, and earning capacity.
What Is a Mild Traumatic Brain Injury?
A mild TBI or concussion occurs when a blow, jolt, or penetrating injury to the head disrupts normal brain function. The American Congress of Rehabilitation Medicine defines mild TBI as involving any period of loss of consciousness lasting 30 minutes or less, any loss of memory for events immediately before or after the injury (post-traumatic amnesia) lasting less than 24 hours, any alteration in mental state at the time of the accident (feeling dazed, disoriented, or confused), and focal neurological deficits that may or may not be transient. A person can sustain a concussion without losing consciousness. This is a critical point, as insurance adjusters frequently argue that no loss of consciousness means no brain injury.
Common Causes of Concussions
Concussions result from a wide range of accidents, many caused by another party’s negligence:
- Car accidents: The leading cause of TBI, particularly rear-end collisions and side impacts
- Motorcycle accidents: Even with helmets, motorcyclists are vulnerable to concussive impacts
- Slip and fall accidents: Falls causing the head to strike the ground or objects
- Pedestrian accidents: Pedestrians struck by vehicles suffer high rates of head injury
- Sports injuries: Contact sports, recreational activities, and gym accidents
- Workplace accidents: Falling objects, falls from heights, and equipment impacts
- Assaults: Intentional blows to the head
Symptoms and Long-Term Effects
Concussion symptoms frequently have a delayed onset, appearing hours or days after the injury. Common symptoms include persistent headaches, dizziness and balance problems, difficulty concentrating and memory impairment, sensitivity to light and noise, sleep disturbances, mood changes including irritability and depression, blurred vision, and fatigue. While many concussions resolve within weeks, a significant percentage of victims develop post-concussion syndrome (PCS) — persistent symptoms lasting months or years. Research published in the journal Neurology indicates that approximately 15-30% of mild TBI patients experience prolonged symptoms. Repeated concussions can lead to cumulative damage and chronic traumatic encephalopathy (CTE), a degenerative brain disease linked to second impact syndrome.
Proving Concussion Claims in Georgia and South Carolina
The challenge in concussion cases is that these injuries often do not appear on standard CT scans or MRIs. Insurance companies use this absence of visible structural damage to argue the injury is minor or nonexistent. Effective concussion claims require advanced neuroimaging such as DTI (diffusion tensor imaging) or fMRI, neuropsychological testing documenting cognitive deficits, treating physician opinions linking symptoms to the traumatic event, expert testimony from neurologists and neuropsychologists, and documentation of pre-injury baseline functioning compared to post-injury deficits.
Georgia’s modified comparative fault rule (O.C.G.A. § 51-12-33) allows recovery if you are less than 50% at fault. South Carolina permits recovery if you are less than 51% at fault. Both states allow claims for the full spectrum of brain injury damages.
Damages in Concussion Cases
Victims of concussions may recover compensation for emergency and ongoing medical treatment, neuropsychological testing and cognitive rehabilitation, lost wages during recovery, diminished earning capacity if cognitive deficits affect job performance, pain and suffering, emotional distress and anxiety, and loss of enjoyment of life. When concussions result from particularly reckless conduct, punitive damages may also be available.
Why Choose Roden Law for Concussion Claims
Our attorneys refuse to accept the “mild” label that insurance companies use to undervalue concussion claims. We work with neurologists, neuropsychologists, and life care planners to document the true impact of your brain injury. We handle every case on a contingency fee basis — no fee unless we win. If your concussion resulted from a more severe injury, our TBI team handles the full spectrum of brain injury cases.