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How Long After an Accident Can You Claim Head Injury?

November 19, 2018


Under Florida's statute of limitations, an injured party has four years from the date of an accident to file a personal injury lawsuit in the state's civil courts. In rare cases, you may not know that you actually suffered harm following an incident that caused your injuries, and in those cases, the filing window for a personal injury lawsuit could be extended.

Since any accident injuries can be late appearing, medical and legal professionals typically advise going to an emergency room or urgent care center as soon as possible following any accident. If you break your arm, then you will know it. However, head, neck, back and spinal cord injuries can present delayed symptoms and may not seem obvious until days or weeks later.  

What are the symptoms of post concussion syndrome?

For a mild concussion, especially where the individual was not knocked out, the person can feel and appear normal at the scene of the accident. However, calling a concussion mild can be misleading. Truth is, when the brain slams into the skull, it is a mild traumatic brain injury, or TBI. You should seek immediate medical care if you suffer from the following:

  • headaches
  • lack of coordination
  • vertigo or dizziness
  • malaise
  • unusual fatigue
  • irritability
  • depression or anxiety
  • decreased tolerance to noise
  • sensitivity to light
  • confusion or memory loss
  • repeated vomiting
  • worsening sleepiness

In the past, a mild concussion (Grade 1) was no big deal. That is no longer true. The one-to-three scale that was used for decades to classify someone suffering from a brain injury was rightfully abandoned. Concussed accident victims with a mild TBI need medical attention, too.

Do I need to seek legal counsel?

Yes; but seek medical help first, especially if you or a loved one experience unexplained symptoms like those listed above. All concussions are considered to be traumatic brain injuries. Whether the symptoms appear on the same day following an accident or do not show up immediately, concussive injuries are serious medical conditions. Since a more subtle onset is possible, it is crucial to watch for signs of a life-threatening injury, such as double vision or vomiting after you wake up or extreme vertigo and confusion.

A medical practitioner must determine whether prolonged symptoms reflect ongoing concussion pathophysiology. Post-concussion syndrome is a complex disorder in which various symptoms last for weeks and sometimes years after the accident that caused the injury. Two types of brain imaging may be recommended for people with a mild to severe TBI: a CT scan to determine if the injury has caused bleeding or swelling and a MRI to diagnose complications that may occur later on like debilitating headaches.

Accidental injury cases are serious matters that can have devastating and long-lasting effects on your health, finances, and family relationships.  At Schackow & Mercadante, our personal injury attorneys are dedicated to providing support and assistance for those injured due to someone else's negligence or unreasonable actions. To determine if you have a claim, contact our office today.

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