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The abrupt and forceful impact can lead to a traumatic brain injury (TBI) in a collision or a slip-and-fall accident. A TBI is a brain dysfunction caused by a violent blow to the head. Different types of TBIs vary in severity, with a concussion being one of the mildest forms. As a result of the lasting cognitive impairment, including memory loss, personality changes, loss of concentration, and attention span issues a concussion can cause, many people wonder, after suffering a concussion, whether they can take legal action for their damages. If you’ve suffered a TBI such as a concussion, it is in your best interest to contact a trusted New York City Personal Injury Attorney who can help you recover the maximum compensation you may be entitled to. 

What is a concussion?

A concussion is a type of traumatic brain injury (TBI). Generally, concussions are sustained when a person suffers a forceful blow, jolt, or bump to the head or a hit to the body that causes the head and brain to move rapidly back and forth. Due to this sudden movement, the brain moves around and bangs against the side of the skull, which can create chemical changes in the brain. This sudden movement can ultimately damage brain tissue and interfere with normal brain activities.

Medical professionals often consider concussions to be mild TBI. However, the effect of a concussion can be long-lasting and life-altering. Although concussions are not life-threatening, they should still be considered serious injuries. Those who suffer a concussion often experience nausea, headaches, confusion, dizziness, memory issues, and even loss of consciousness. It is imperative to note that symptoms may not be evident immediately.

Unfortunately, concussions are most commonly sustained when playing sports, car crashes, and slip-and-fall accidents. The sudden impact of an auto accident can cause the brain to rapidly and suddenly bang around inside the skull, resulting in a concussion.

Can you sue for a TBI?

If you have suffered a concussion due to someone else’s negligence, you can take legal action to seek monetary compensation for your economic and non-economic damages. Generally, the insurance company may approach you after an accident or slips, trips, or falls and offer you a lowball settlement. It would be best if you did not accept any settlement offers until you’ve spoken with an experienced attorney. If you fail to seek an attorney’s legal advice, you risk getting significantly less than what you may be entitled to, as the symptoms of a concussion may not be evident yet.

Concussion cases can be complicated. If you experience any symptoms of this TBI, seek immediate medical attention. Contact a skilled New York City personal injury attorney from Swerling Law, who can help you fight to obtain the just compensation you deserve. Allow our firm to represent your interests today.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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