info@carolinalaw.com
info@carolinalaw.com
Despite the potentially life-altering effects of a concussion, insurance companies routinely minimize these injuries because they are not always visible on standard imaging.
Concussions are one of the most common yet misunderstood injuries sustained in accidents. The CDC estimates that roughly 3.8 million concussions occur each year in the United States, many of them the result of car accidents, falls, and other traumatic incidents. Despite the potentially life-altering effects of a concussion, insurers routinely minimize the impact of these injuries. Maginnis Howard’s lawyers are experienced in representing concussion victims who have been injured due to someone else’s negligence. We understand the science behind concussions, the legal strategies needed to prove your claim, and the insurance tactics designed to deny you fair compensation. If you have sustained a concussion because of someone else’s negligence, contact us today for a free consultation with a concussion injury lawyer.
A concussion is a mild traumatic brain injury (TBI) caused by force applied to the head or body that causes the head and brain to move rapidly back and forth. Under normal circumstances, fluid around your brain (cerebrospinal fluid) protects the brain from making contact with the hard skull bone. An unnatural, abrupt movement can cause the brain to bounce, slide, or even twist within the skull. The impact can stretch and damage brain cells, trigger a chemical imbalance, and reduce blood flow as the brain attempts to heal itself.
Concussions can occur without a direct blow to the head. A rapid acceleration-and-deceleration injury (also known as whiplash) in a car accident, for example, can cause the brain to strike the inside of the skull due to the back-and-forth movement alone. Concussions are dangerous because they can frequently go undiagnosed, as victims may feel dazed or “off” without realizing they have suffered a brain injury. Symptoms can appear immediately or within hours or even days. The delay in symptoms is a fact insurers use to deny that your injury is severe. Unlike a broken bone or a laceration, a concussion is a functional injury rather than a structural one, meaning the damage affects how the brain works rather than how it looks on a scan.
Even at moderate speeds, the forces generated in a vehicle collision can cause the brain to shift violently inside the skull. Rear-end collisions are especially likely to cause concussions due to the sudden whipping motion of the head. If the crash involves a passenger car and a tractor-trailer, the propensity for severe injury is much higher. Bikers (engine or not) are even more vulnerable to injury because a rider lacks a metal cage to protect them. Even with a helmet, which is required universally under North Carolina law, accident victims are still vulnerable to severe concussions and life-threatening TBIs.
Falls are the leading cause of concussions nationwide, especially for young children and older adults. A hard fall onto a tile floor, icy sidewalk, or down a flight of stairs can cause a concussion when the head strikes the ground or the impact jars the brain. Property owners and businesses may be liable for unsafe conditions that lead to these falls.
Falling objects, equipment malfunctions, or falls from height at construction sites and industrial workplaces are common sources of concussion injuries. You may also encounter a risk of concussion at hardware and home improvement stores like Lowe’s or Home Depot. The warehouse-like structure of these stores can put both employees and customers at risk of concussion if proper safety measures are not taken.
One of the greatest challenges with concussions is their wide range of symptoms and unpredictable onset. Some symptoms appear within minutes of the injury, while others may not develop for days or even weeks. After any traumatic event like a car accident or a hard slip-and-fall, you should seek medical attention. Especially if the symptoms you notice include:
In more severe cases, or when a second concussion occurs before the first has healed, symptoms can include seizures, prolonged loss of consciousness, and worsening headaches. This condition, known as second impact syndrome, can be life-threatening and underscores the importance of proper diagnosis and rest after any head injury. If you are experiencing these symptoms after a traumatic car accident or slip and fall, you must seek medical attention immediately.
Concussion symptoms can appear differently for everyone and take various intervals to heal. A concussion is considered a “Mild” Traumatic Brain Injury due to the associated symptoms. However, the “Mild” designation can be misleading. A concussion may not be the most severe type of head injury, but its symptoms should not be underestimated.
Did You Know?
As of 2026, the Brain Injury Association of America uses “Concussion” and “Mild TBI” interchangeably.
Some patients develop post-concussion syndrome (PCS), a condition in which concussion symptoms persist for weeks, months, or even longer than a year after the initial injury. PCS can involve chronic headaches, persistent cognitive difficulties, sleep disruption, and emotional changes that significantly impair a person’s quality of life and ability to work.
If your concussion injury leads to a PCS diagnosis, your lawyer will work to demonstrate how a single traumatic event, like a car accident, has a lasting impact on your life.
Diagnosing a concussion requires careful clinical evaluation because the injury often does not appear on standard imaging. Along with detailed questions about the circumstances of your injury, your doctor will use a combination of methods to assess the extent of your injury and rule out more severe conditions. For example, diagnosis and treatment could differ if you are experiencing concussion symptoms after being rear-ended in a car accident than if you were injured in a slip and fall.
Brain imaging scans, such as CT or MRI, cannot detect a concussion. Instead, a doctor may order these tests to rule out serious conditions such as brain bleeds or swelling. Especially if the concussion symptoms are the result of a motor vehicle accident or serious slip and fall, it’s important to rule out internal bleeding or swelling before it’s too late to reverse the condition.
Concussion treatment focuses on allowing the brain to heal while managing symptoms. Treatment plans vary depending on the severity of the injury, but most concussion cases involve a combination of the following:
Most people with mild concussions recover within two to four weeks with proper treatment. However, moderate to severe concussions, especially cases involving post-concussion syndrome, can take months or longer to heal.
Concussions are among the most aggressively contested injury types in personal injury cases. Because the injury is not visible on standard imaging, insurers minimize or deny claims entirely. This fundamentally misrepresents the nature of concussions, which are functional injuries that affect brain chemistry and neural pathways. Scans like MRIs and CTs are not designed to detect these injuries. An experienced personal injury attorney can help you navigate these tactics, gather the medical evidence needed to prove your concussion, and fight for the compensation you deserve.
A common source of insurance denials lies in the classification of concussions as “mild”. Because concussions are clinically classified as “mild” traumatic brain injuries, insurers seize on the word “mild” to argue your injury is insignificant. In reality, “mild” is an outdated medical classification that distinguishes concussions from more severe brain injuries involving skull fractures or hemorrhaging. It does not mean the effects on your life are minor.
Seeking treatment after a traumatic event like a car accident or a slip and fall is essential for many reasons. First, your injuries should be evaluated by a medical professional with the expertise to diagnose them. This helps detect serious conditions that might otherwise go undetected. Additionally, insurers interpret any delay in treatment or gaps between appointments as reasons to deny your claim. If there is a delay between your accident and your first medical visit, or any break in your treatment schedule, insurers might claim that your injury isn’t significant. This is especially problematic with concussions because symptoms can develop gradually.
Insurers routinely argue that your symptoms are caused by a prior concussion, stress, depression, or another pre-existing condition rather than the accident. They may dig through your medical history searching for anything that could explain your symptoms away. A history of prior concussions or other brain injuries does not disqualify your claim. Under North Carolina’s “eggshell plaintiff” doctrine, the at-fault party is responsible for the full extent of your injuries, even if a pre-existing condition made you more vulnerable. Insurance companies will try to attribute your symptoms to prior injuries. However, an experienced concussion injury lawyer can present evidence that the car accident or slip-and-fall caused new or worsened injuries.
An insurer may require you to attend an “Independent” Medical Exam (IME) with a physician of their choosing. These physicians sometimes minimize concussion symptoms, attribute them to pre-existing conditions, or declare that the patient has fully recovered, regardless of the patient’s actual condition.
North Carolina is one of only four states that apply the strict contributory negligence rule. Under this rule, if you are even 1% at fault for your injury, you could be completely barred from collecting the compensation you are owed. For example, if you were rear-ended in traffic but weren’t wearing a seatbelt, you could be barred from compensation. Maginnis Howard attorneys know how to navigate cases involving strong contributory negligence issues and work with clients to explain the rule. If your injury was the result of a negligent person, whether a car accident, truck collision, premises liability claim, or something else, contact our dedicated concussion injury lawyers for a free consultation.
Recovering from a concussion is difficult enough without the added burden of fighting an insurance company. Hiring an experienced personal injury attorney allows you to focus on your recovery while we handle the legal complexities of your claim. Our firm helps clients by thoroughly investigating the accident, obtaining and organizing medical records, working with neurologists and neuropsychologists who can document the extent of your injury, and communicating directly with insurance companies so you don’t have to. We build the strongest possible case on your behalf and, if a fair settlement cannot be reached, we are fully prepared to take your case to trial. We will never pressure you into accepting a settlement that does not reflect the true impact of your injury.
At Maginnis Howard, we understand how a concussion can profoundly affect every aspect of your life. Although it is often labeled a “mild” injury, it can affect your ability to work, think clearly, enjoy time with your family, and feel like yourself. If someone else’s negligence caused your injury, you deserve justice and full compensation. Whether you suffered a concussion from a motor vehicle accident, a slip and fall, or an assault, you don’t have to face the legal fight alone. Our dedicated attorneys represent clients in cases of all sizes and are ready to support you every step of the way. Reach out today at (919) 891-6714 or fill out our online form to schedule a free, confidential consultation. Serving clients across the Carolinas from offices in Raleigh, Charlotte, and Fayetteville, we handle concussion injury cases on a contingency basis, so you don’t pay unless we recover compensation.
Yes. Concussion symptoms can appear hours to days after a traumatic event. Your lawyer will argue on your behalf that this delay in treatment should not discount your injury.
Yes. Most people heal from concussions within days to weeks. Cases of Post-Concussive Syndrome, however, can last months to over a year.