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Excerpt: Many people dismiss concussions as "minor" injuries — but in the eyes of the law, a concussion is a traumatic brain injury. When a concussion is caused by negligence and leads to lasting symptoms, the legal value of the claim can be significant. This guide explains the legal standards for concussion and TBI damages in New York.
[Image: Comparison chart of concussion vs moderate vs severe TBI symptoms]
TBI vs. Concussion: Understanding the Distinction
The terms "concussion" and "traumatic brain injury" (TBI) are often used interchangeably — and with good reason. A concussion IS a traumatic brain injury. It is classified as a "mild" TBI (mTBI), but "mild" refers to the initial severity, not the potential consequences.
[Link to: /brain-injury/mild-tbi]
The Spectrum of Traumatic Brain Injury
| Severity | Glasgow Coma Scale | Loss of Consciousness | Imaging | |---|---|---|---| | Mild (Concussion) | 13-15 | 0-30 minutes | Usually normal | | Moderate TBI | 9-12 | 30 minutes - 24 hours | Often abnormal | | Severe TBI | 3-8 | >24 hours | Abnormal |
Why "Mild" Is Misleading
A concussion is "mild" based on the initial presentation — not the long-term consequences. Many concussion patients develop post-concussion syndrome (PCS), with symptoms lasting months or years. Some "mild" TBIs cause more functional impairment than "moderate" injuries, because they affect specific cognitive functions like memory and attention.
Legal Standards for Brain Injury Damages in New York
The Four Elements of a Negligence Claim
To pursue a concussion or TBI lawsuit in New York, your attorney must establish:
- Duty — The defendant owed you a duty of care
- Breach — The defendant breached that duty (negligence)
- Causation — The breach caused the brain injury
- Damages — You suffered measurable harm
Types of Damages
In New York, brain injury victims can recover:
Economic Damages
- Medical expenses (past and future)
- Rehabilitation costs
- Lost wages
- Lost earning capacity
Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
New York has no cap on non-economic damages in medical malpractice or personal injury cases.
[Link to: /brain-injury/settlement-value]
Why a Concussion Can Be a High-Value Case
Persistent Symptoms
Many concussion patients develop post-concussion syndrome (PCS) — symptoms lasting months or years. PCS can include:
- Chronic headaches
- Cognitive deficits (memory, attention, processing speed)
- Dizziness and balance problems
- Sleep disturbances
- Depression and anxiety
- Light and noise sensitivity
These symptoms can prevent a person from working, driving, or caring for their family — making the case high-value despite the "mild" label.
[Link to: /brain-injury/post-concussion-syndrome]
Cognitive Impact on Earning Capacity
Even a "mild" TBI can cause cognitive deficits that impact a person's ability to perform complex tasks. A professional whose work requires memory, attention, and processing speed may lose significant earning capacity from a concussion.
Proving "Invisible" Injuries
Concussions often produce "normal" imaging — making them harder to prove but not less valuable. Advanced testing (neuropsychological testing, DTI, QEEG) provides objective evidence of brain dysfunction.
[Link to: /brain-injury/proving-invisible-injuries]
Proving a Concussion Lawsuit in New York
Medical Documentation
- Emergency department records
- Concussion assessment (SCAT5, ImPACT)
- Follow-up visits
- Specialist referrals (neurology, neuropsychology)
Neuropsychological Testing
The gold standard for documenting cognitive deficits from concussion. Provides objective, quantifiable evidence of brain dysfunction.
Lay Witness Testimony
Family, friends, and colleagues who can describe changes in the patient's behavior, cognition, and functioning after the injury.
Expert Testimony
From a neurologist or neuropsychologist who can explain the injury, the cognitive deficits, and the impact on the patient's life.
Common Defense Arguments
"It Was Just a Concussion"
The defense may minimize the injury as "just a concussion." Your attorney and expert witnesses will explain that a concussion is a brain injury — and that "mild" TBIs can cause significant, lasting impairment.
"The MRI Was Normal"
The defense may argue that normal imaging means no injury. Your neuroradiologist will explain that standard imaging is not designed to detect concussion — and that advanced testing (DTI, neuropsychological testing) provides objective evidence of brain dysfunction.
"The Symptoms Are Psychological"
The defense may attribute symptoms to depression or anxiety. Your neuropsychologist will show that the pattern of deficits is consistent with brain injury, not psychological conditions.
Statute of Limitations
- Medical malpractice: 2.5 years from the date of negligence (CPLR § 214-a)
- Personal injury: 3 years from the date of injury (CPLR § 214)
- Municipal hospital (NYC H+H): 90-day notice of claim; 1 year and 90-day statute
- Wrongful death: 2 years from the date of death (EPTL § 5-4.1)
Frequently Asked Questions
Is a concussion considered a traumatic brain injury?
Yes. A concussion is a mild traumatic brain injury (mTBI). "Mild" refers to the initial severity, not the long-term consequences.
Can I sue for a concussion caused by negligence?
Yes. If someone else's negligence caused your concussion, you can pursue a personal injury or medical malpractice claim for your injuries and damages.
How much is a concussion lawsuit worth?
The value depends on the severity of symptoms, the impact on your ability to work, and the duration of symptoms. Concussions with persistent PCS can be high-value cases.
Can I recover damages if the MRI was normal?
Yes. Standard imaging is often normal after a concussion. Advanced testing (neuropsychological testing, DTI, QEEG) can provide objective evidence of brain dysfunction.
How long do I have to file a concussion lawsuit in New York?
For medical malpractice, 2.5 years. For personal injury, 3 years. For municipal hospitals, a 90-day notice of claim is required.
What is post-concussion syndrome?
PCS is a condition where concussion symptoms persist for months or years after the injury. It can cause significant impairment in work, daily activities, and quality of life.
Contact MDLaw Firm
If you or a loved one has suffered a concussion or traumatic brain injury caused by negligence in New York, contact MDLaw Firm at 347-524-5777 for a free consultation.
This article is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. No attorney-client relationship is created by reading this article or contacting MDLaw Firm.
If you or a loved one suffered from a brain injury, contact our Brain Injury lawyers today for a free, confidential consultation. Call 347-524-5777 or request a case review online.