Head injuries can have serious, lasting consequences, but not all brain injuries are the same, especially when it
comes to legal claims. Many people use the terms concussion and traumatic brain injury (TBI)
interchangeably, yet the legal and medical distinctions between them can significantly affect the value and
complexity of an injury claim. Understanding these differences is critical when seeking compensation after an
accident caused by someone else’s negligence.
A concussion is often classified as a minor traumatic brain injury, but “minor” can be misleading. Even a single
concussion may lead to ongoing symptoms such as headaches, memory loss, dizziness, and difficulty concentrating.
More severe traumatic brain injuries can involve prolonged loss of consciousness, permanent cognitive impairment, or
long-term disability. From a legal standpoint, the severity, duration, and impact of the injury directly influence
the damages available in a personal injury case.
At Alexander Law Group, LLP, our San Jose brain injury lawyers understand how insurance
companies often minimize concussions while underestimating the long-term effects of brain trauma. We work closely
with medical experts to document the full scope of your injury and demonstrate how it affects your daily life,
earning capacity, and future care needs.
Key Takeaways About Brain Injury Lawsuits
- Any type of brain injury can cause serious effects in your life, even one that you may recover from in the short term
- Permanent brain injuries will change the course of your life, and they will lead to extensive economic and non-economic damages
- Never make any assumption that your brain injury is minor in nature – any type of brain injury can result in significant compensation if someone else was to blame for it
- You must know the extent of your damages and your prognosis before you file a claim
- Schedule a free initial consultation with a brain injury attorney to discuss your case
What Is a Traumatic Brain Injury?
A traumatic brain injury is a serious injury that occurs when an external force causes damage to the brain, disrupting its normal function. TBIs can result from car accidents, falls, sports injuries, physical assaults, or workplace accidents. Unlike a concussion, which is typically classified as a minor TBI, traumatic brain injuries can range from minor to severe, with symptoms that may be temporary or permanent.
The effects of a TBI depend on the location and severity of the injury. Common physical symptoms include headaches,
dizziness, blurred vision, nausea, and fatigue, while cognitive and emotional changes may involve memory problems,
difficulty concentrating, mood swings, anxiety, or depression. In severe cases, TBIs can cause loss of
consciousness, seizures, paralysis, or permanent cognitive and motor impairments.
TBIs are often categorized as closed or open injuries. Closed TBIs occur when the brain is shaken or jolted inside
the skull, while open TBIs involve penetration of the skull, such as from a gunshot or sharp object. Immediate
medical evaluation is crucial, as some symptoms may worsen over time, and delayed treatment can increase the risk of
long-term complications.
Treatment for TBIs can range
from rest and medication for minor injuries to surgery, rehabilitation, and long-term therapy for severe cases.
Early diagnosis, medical care, and rehabilitation are critical for maximizing recovery and improving quality of life
after a traumatic brain injury.
What Is a Concussion?
A concussion is a type of minor traumatic brain injury that occurs when the brain
experiences a sudden jolt, bump, or blow to the head, or a rapid acceleration-deceleration movement. These forces
cause the brain to move within the skull, temporarily disrupting normal brain function. Concussions are common in
sports, car accidents, falls, and physical assaults, and they can occur even without a direct hit to the head.
Symptoms of a concussion can vary widely and may appear immediately or develop over hours or days. Common signs
include headache, dizziness, confusion, blurred vision, nausea, sensitivity to light or sound, and difficulty
concentrating or remembering. Some individuals may also experience mood changes, irritability, or sleep
disturbances. In most cases, concussions do not result in visible structural damage on standard imaging tests, which
is why they are often described as “invisible injuries.”
Although concussions are usually classified as minor, they should not be taken lightly. Repeated concussions or improper management can lead to serious long-term consequences, including prolonged cognitive difficulties, post-concussion syndrome, or increased risk of neurological disorders. Prompt evaluation by a medical professional, adequate rest, and a gradual return to normal activities are critical steps in recovery. Recognizing and addressing a concussion early can significantly improve outcomes and reduce the risk of lasting complications.
What Is the Difference Between a Concussion and a TBI?
There is a difference between a brain injury and a concussion, though the terms are sometimes used
interchangeably in casual conversation. A brain injury is a broad medical term that refers to any damage to the
brain that impairs its normal function. Brain injuries can be traumatic or non-traumatic. Traumatic brain injuries
result from external forces, such as car accidents, falls, or sports injuries, while non-traumatic brain injuries
stem from internal causes like strokes, infections, or lack of oxygen. Brain injuries can range in severity from
minor to severe, affecting cognition, motor skills, memory, and emotional regulation.
A concussion, on the other hand, is a specific type of minor traumatic brain injury (mTBI). Concussions are usually
caused by a blow to the head or sudden acceleration-deceleration forces that shake the brain within the skull. While
considered “mild” because they rarely cause structural brain damage detectable on standard imaging, concussions can
produce symptoms such as headaches, dizziness, confusion, nausea, blurred vision, sensitivity to light, and memory
problems. Multiple concussions over time can increase the risk of long-term neurological issues.
The key difference is that a concussion is one form of brain injury, typically less severe and often temporary, whereas the term “brain injury” encompasses a wide spectrum of damage, including moderate or severe injuries that can result in long-term disability or permanent impairment. Proper diagnosis and treatment are essential for both, as early intervention can significantly influence recovery outcomes and prevent complications.
There Is No Distinction Between Types of Brain Injuries in the Legal Process
In the legal context, there is no such thing as a “minor” brain injury. While doctors and the public may classify
traumatic brain injuries as minor, moderate, or severe based on clinical symptoms, the law treats all brain injuries
seriously when it comes to personal injury claims. Even so-called minor TBIs or concussions can have long-lasting
physical, cognitive, and emotional effects, which can significantly impact a person’s ability to work, engage in
daily activities, and enjoy life.
Courts and insurance companies focus on the actual impact of the injury, rather than the label. A minor TBI may cause
persistent headaches, memory loss, difficulty concentrating, mood swings, or fatigue that interferes with employment
and family responsibilities. These impairments can lead to lost income, ongoing medical treatment, therapy costs,
and diminished quality of life, all of which are compensable under the law.
Legally, a brain injury is considered serious and potentially life-altering regardless of whether it initially
appeared minor. Personal injury attorneys work to document the full scope of damages,
including medical records, expert testimony, and vocational assessments, to show how the injury affects a client’s
long-term well-being. By doing so, they ensure that insurance companies or defendants cannot dismiss the injury
simply because it is classified as “mild” in medical terms.
You Are Entitled to Compensation for Any Brain Injury That Was Someone Else’s Fault
If you suffer a brain injury due to someone else’s negligence, recklessness, or intentional actions, you are entitled
to seek compensation for the full scope of your losses. The law recognizes that brain injuries, whether mild
concussions or severe traumatic brain injuries, can have lasting physical, cognitive, and emotional consequences
that affect every aspect of your life. When another party’s actions cause your injury, they are legally responsible
for the harm they have caused.
Compensation in these cases is intended to restore you as much as possible to the position you were in before the
injury. This can include reimbursement for medical expenses, such as emergency care, surgeries, rehabilitation,
medications, and ongoing therapy. Lost income and reduced earning capacity due to cognitive or physical limitations
are also recoverable. Additionally, you may be entitled to non-economic damages for pain and suffering, emotional
distress, loss of enjoyment of life, and diminished quality of life.
Proving that another party is at fault requires establishing liability, which means showing that the defendant owed you a duty of care, breached that duty, and caused your injury as a direct result. Personal injury attorneys play a critical role in gathering medical records, expert opinions, and other evidence to demonstrate the full impact of the injury and hold the responsible party accountable. Ultimately, you should not bear the financial and personal burden of a brain injury caused by someone else. Pursuing compensation ensures that your medical needs are met, your losses are addressed, and justice is served for the harm you have suffered.
Permanent Brain Injuries Typically Lead to More Compensation
Permanent brain injuries often result in significantly higher compensation than injuries that fully heal because they
have long-lasting effects on a person’s life, work, and well-being. Unlike minor or temporary injuries, permanent
brain injuries can cause lasting cognitive, physical, and emotional impairments, including memory loss, difficulty
concentrating, reduced mobility, mood disorders, and speech or language deficits. These impairments can interfere
with a person’s ability to work, maintain relationships, or perform daily activities, creating ongoing financial and
personal burdens.
In personal injury cases, compensation is calculated not only for medical expenses and lost earnings, but also for
future medical care, long-term rehabilitation, and diminished earning capacity. Non-economic damages, such as pain
and suffering, emotional distress, and loss of enjoyment of life, are also typically higher in cases involving
permanent brain injuries.
Courts and insurance companies recognize that permanent brain injuries impose long-term consequences that can be
life-altering. Because of this, experienced personal injury attorneys focus on thoroughly documenting both the
medical and lifestyle impacts of the injury. Demonstrating permanence often leads to higher settlements or verdicts,
ensuring victims receive the compensation necessary to address lifelong needs and maintain quality of life.
How a Brain Injury Attorney Helps You
A brain injury lawyer plays a critical role in helping victims navigate the complex legal and medical challenges that
follow a traumatic brain injury or concussion. These cases often involve long-term physical, cognitive, and
emotional impairments, making it essential to have an attorney who understands both the legal process and the
medical nuances of brain injuries.
A brain injury lawyer begins by investigating the accident to establish liability, identifying all parties responsible for the injury. They gather evidence, including accident reports, medical records, expert opinions, and witness testimony, to build a strong case. Attorneys also work closely with medical and vocational experts to quantify the full scope of damages, including current and future medical expenses, lost income, and diminished earning capacity.
Frequently Asked Questions About Brain Injuries
What if I cannot deal with a brain injury lawyer on my own?
You can always have a family member contact the brain injury attorney to get the legal process started.
When is the best time to get legal help for my brain injury case?
The legal process can take a considerable amount of time, so it is best to contact a brain injury lawyer now.
How is a brain injury attorney paid?
Your brain injury attorney works for you on a contingency basis, meaning they are only
paid if you win your case.
Call a TBI Attorney to Ensure Your Legal Rights Are Protected
A brain injury lawyer handles all communications with insurance companies, protecting clients from tactics that could reduce or deny compensation. They negotiate settlements or pursue litigation if necessary, ensuring that victims receive the full compensation they are entitled to under the law.
If you or your loved one suffered a TBI due to the negligence of another person or entity, you deserve the support and guidance of a trusted brain injury lawyer. Contact a TBI attorney at Alexander Law Group, LLP to begin work on your legal case.
