Concussion Injury Lawyer in Massachusetts

Concussion as a Traumatic Brain Injury

A concussion is a mild traumatic brain injury (mTBI) caused by a sudden impact or jolt that causes the brain to move rapidly within the skull. Despite the “mild” designation, which refers to the initial level of consciousness disruption, not to the severity of the injury or its consequences, concussions can have significant and lasting effects. Post-concussion syndrome, a constellation of persistent symptoms following concussion, affects a substantial percentage of concussion patients and can interfere with work, daily activities, and quality of life for months or even years. Attorney Jeffrey C. Lavey represents concussion accident victims throughout Massachusetts.

Concussion Symptoms and Diagnosis

Concussion symptoms include headache (the most common symptom), dizziness, balance problems, nausea, sensitivity to light and noise, cognitive difficulties including memory problems and difficulty concentrating, sleep disturbance, mood changes including irritability and anxiety, and in some cases, vision changes. These symptoms may be immediate or may develop over the hours and days following the injury. Diagnosis is clinical, based on symptoms and history, because concussions typically do not show on standard CT or MRI, though specialized MRI techniques can sometimes demonstrate changes.

Why Insurance Companies Challenge Concussion Claims

Insurance companies challenge concussion claims precisely because the injury does not show on standard imaging. Without a visible structural abnormality on CT or MRI, insurers argue that the symptoms are subjective, exaggerated, or attributable to pre-existing conditions. Attorney Lavey challenges these arguments with the clinical evidence of diagnosis by treating physicians, neurological and neuropsychological evaluation results, the objective symptom documentation in medical records, and where available, specialized imaging studies that demonstrate post-concussion brain changes.

Post-Concussion Syndrome

Post-concussion syndrome (PCS) describes the persistence of concussion symptoms beyond the expected recovery period, typically defined as beyond three months from injury. PCS can involve prolonged headache, cognitive impairment, vestibular dysfunction, emotional changes, and sleep disorder. It is a recognized medical condition documented by neurologists and neuropsychologists. When PCS extends the recovery period and limits work capacity, it significantly increases the damages in a concussion accident case. Attorney Lavey documents PCS thoroughly with specialist evaluation and the treating physicians’ records.

Compensation for Concussion and Post-Concussion Syndrome

Concussion and PCS compensation includes all medical expenses from emergency evaluation through neurological care and neuropsychological evaluation, all lost wages during the recovery period, pain and suffering during the symptomatic period, future medical costs if symptoms are expected to require ongoing management, and in cases of significant PCS, any permanent cognitive or functional limitations that affect earning capacity. Attorney Lavey pursues every element of compensation for every concussion accident victim.

Frequently Asked Questions