Concussion Syndrome Accident Claim*

Concussion syndrome is a complex disorder characterized by various symptoms after sustaining a head injury that caused a concussion.

This post will give you information regarding a concussion syndrome accident claim*.

Concussion Syndrome Accident Claim*

The disorder is sometimes referred to as post-concussion syndrome with the symptoms lasting up to months after suffering a concussion.

A concussion is a traumatic brain injury that happens after a blow to the head.

It may also occur from violent shaking of the head or body. Consciousness may not necessarily be lost on suffering a concussion or post-concussion syndrome.

Symptoms of Concussion Syndrome

The symptoms of concussion syndrome are often vague and can be confused with mere fatigue. They include the following:

  • Headaches
  • Psychological complications such as irritability, anxiety and depression
  • Cognitive problems such as loss of memory and concentration
  • Ringing in the ears
  • Heightened light and noise sensitivity
  • Sleep problems including insomnia and dizziness

Concussion syndrome headaches vary and may sometimes feel like tension-related headaches.

The above symptoms affect the day-to-day life of the injured party and appropriate medical care is needed.

Causes of Concussion Syndrome

Concussion syndrome generally follows the occurrence of a traumatic injury to the head. Some people who suffer mild traumatic brain injuries do not experience concussion syndrome. Structural damage of the brain is the major cause of concussion syndrome.

Disruption of the neural messaging system through the impact of a concussion on the nerves is another cause of concussion syndrome. In most cases, children and older patients are more susceptible to disruption of their nervous systems.

Diagnosis of Concussion Syndrome

The vagueness of concussion syndrome symptoms are easily attributable to other reasons but can well be diagnosed by a neurologist. A neurologist diagnoses and treats conditions and diseases involving the peripheral and central nervous systems including concussion syndrome.

The diagnosis is mostly based on a history of prior head injury and the symptoms that are reported. A physical exam and MRI scan of the head are also done to evaluate the symptoms. A few other tests may be done to rule out other causes of the symptoms.

Negligence, Breach of Duty and Statutory Duty

A concussion syndrome accident claim arises when there is negligence on the part of the responsible party. Negligence refers to failure to exercise reasonable care as is expected in the circumstances, an injury occurred, and consequently, a person may seek to file a concussion syndrome accident claim*.

It is necessary for an injured party to prove in court there is duty care, duty that has been breached, causation and harm being the injury resulted.

Drivers are required by the law to exercise reasonable care when driving to avoid causing any harm to other road users, and accidents can occur due to speed, failing to observe the rules of the road, reckless driving and distracted driving.

Breach of a duty of care can happen when drivers fail to meet the specific requirements imposed by the law.

Here are some requirements which if not met by a driver can result in accidents:

  • Driving within the indicated speed limit or at a reasonable speed – Drivers have a duty of driving responsibly towards other road users.
  • Exercising vigilance and being alert – Drivers have a duty to keep a proper lookout on the road for other vehicles, road hazards and pedestrians. A driver is expected to clearly see all that is happening on the road in order to drive defensively as needs are.
  • Maintaining cautious control of the vehicle – Drivers are supposed to maintain proper control of their vehicles, for instance, by being able to stop with immediate effect. They have to have sufficient distance from the car in front to be able to stop in good time.
  • Maintaining and utilising the vehicle’s equipment – Drivers also have a duty to maintain their vehicles in good shape and in proper working order. For example, the headlights and brake lights should not be faulty when driving.
Careless Driving

S.52 of the Road Traffic Act 1961(as amended) prohibits careless driving and states:

A person shall not drive a vehicle in a public place without due care and attention.

(2) A person who contravenes subsection (1) commits an offence and —

) in case the contravention causes death or serious bodily harm to another person, he or she is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding € 10,000 or to both, and

) in any other case, he or she is liable on summary conviction to a class A fine.

Dangerous Driving

S.53 of the Road Traffic Act 1961(as amended) prohibits dangerous driving and states:

A person shall not drive a vehicle in a public place in a manner (including speed) which having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be in it) is or is likely to be dangerous to the public.

(2) A person who contravenes subsection (1) commits an offence and —

) in case the contravention causes death or serious bodily harm to another person, he or she is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine not exceeding € 20,000 or to both, and

) in any other case, he or she is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

Frequently Asked Questions

How do you prove post-concussion syndrome?

Medical evidence will be required from an appropriate doctor who has reviewed the person’s medical history, facts, made a diagnosis and has explained what is the cause of the injury.

Causation must be proved in these types of legal cases. In simple terms – it must be proved that the negligence as a consequence of the duty breach caused the injury.

Personal Injury Claims* Ireland Information

If you require more information about the personal injury claims* process click here.

Concussion Syndrome Accident Claim* Case Assessment Advice

If you are suffering from concussion syndrome caused by another’s negligence, you can contact us by telephone or email and we will have an initial meeting with you to explore the facts and furnish a case opinion to you and advise you about the process of a concussion syndrome accident claim. 

Disclaimer

Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. 

Concussion Syndrome Accident Claim*

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