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When Do You Need a Concussion Injury Attorney?

Concussions happen in an instant. A head injury of any kind can be serious, especially if it is not properly treated. A victim may appear to look and act relatively normal, but there could be brain damage affecting their ability to think and focus clearly.

When you or a loved one has been injured with a concussion from a car accident, slip-and-fall impact, or another injury, you may qualify for legal recourse if another’s negligence was a contributing factor.

There are many law firms that handle general injury cases, but The Smith Law Center is uniquely skilled at seeking maximum compensation for a traumatic brain injury such as a concussion. The personal injury attorneys at The Smith Law Center have been helping families recover fair and just compensation for concussion injuries since 1949, and can be reached at (757) 244-7000.

Read on to learn more about types of concussions, treatment, and how our experienced staff can help.

What Is a Concussion?

A concussion is a mild traumatic brain injury that affects brain function. Concussions are caused when an external force strikes the head, or when the skull and brain shake back and forth rapidly, which can happen without direct head impact (as in cases of whiplash). Concussions can happen even after a minor bump or ding to the head.

Some concussions may involve unconsciousness, but not always. Typically, concussions are not life-threatening, although serious symptoms can occur. Any concussion, or suspicion of concussion, should be approached with care and involve seeking medical treatment.

What Are the Signs and Symptoms of a Concussion?

During head trauma that causes a concussion, the brain moves out of its normal positioning for a brief period of time. This movement disrupts the routine electrical activities of the brain, triggering concussion symptoms. These can include:

  • Headache
  • Confusion
  • Dizziness
  • Problems with balance or coordination
  • Memory problems
  • Difficulty speaking
  • Difficulty concentrating
  • Feeling sluggish or groggy
  • Behavior changes
  • Insomnia or other sleep problems
  • Blurred vision
  • Sensitivity to noise or light
  • Ringing in the ears
  • Nausea or vomiting

It’s important to keep in mind that signs of a concussion might show up days or weeks after the accident. If you or someone you love has experienced a bump to the head, or a blow to the body that has rattled the head, please stay vigilant for any of the above concussion signs.

Medical treatment is a priority after a concussion. Following this, it’s also important to get in touch with a brain injury lawyer to ensure your rights are protected.

What Are the Common Causes of Concussions?

Concussions are most likely to happen during a:

  • Motor vehicle accident: Carmakers are constantly improving their vehicle designs to make them safer and minimize the incidence of head injuries during a collision. Still, severe accidents or even minor ones can still lead to concussions.
  • Slip and fall: Even a stumble while on your own feet can lead to a concussion if your head hits the ground or another hard object on the way down. The elderly and younger children are at particular risk for a trip and fall that ends in a mild traumatic brain injury.
  • Recreational or sports event: High-contact sports especially can lead to bumps on the head during practice or competition. Sports that have higher-than-average concussion rates are football, soccer, lacrosse, boxing, ice hockey, rugby, and bicycling.

The type of accident that you were involved in will likely be a strong indicator of who may be held responsible for the cost of your injuries. For example, if you were involved in a car accident that caused your concussion, the driver of the vehicle that hit you, auto parts manufacturers, the state, and other third parties could all share blame for your injuries. If you were diagnosed with a concussion after a slip and fall accident, you might bring a claim against the property owner where you were injured.

In cases where there are multiple parties who have contributed to the injuries you endured, your attorney will be sure to identify and name all at-fault parties in your case so you can be awarded maximum compensation for your suffering.

A black woman holds her head in pain on her couch at home.

What Are the Types of Concussions?

The symptoms of a concussion will depend on how severely the head was struck or shook. Concussion severity is classified by grade, as follows.

Grade 1 (mild concussion)

Grade 1 concussions are characterized by brief memory loss, confusion, headache, dizziness, and nausea, but no loss of consciousness. Symptoms usually last less than an hour, but can linger for days. Most commonly, grade 1 concussions occur in minor car accidents, athletic events, or at-home mishaps.

Grade 2 (moderate concussion)

Signs of a grade 2 concussion are similar to grade 1 symptoms, although symptoms typically last from half an hour to an entire day. Certain medical experts argue that grade 2 concussions can include losing consciousness for several minutes.

Grade 3 (severe concussion)

A grade 3 concussion is characterized by unconsciousness and the lasting presence of concussion symptoms. In serious cases, victims may experience amnesia and can have difficulty with language. Professional treatment and observation are required since this grade of concussion can be a sign of mild brain damage.

Simple vs. Complex

In 2004, a group of professionals attending the Second International Conference on Concussion in Sports in Prague, introduced the categorization system of simple vs. complex concussions. A simple concussion was deemed to last less than 10 days, while complex concussions were characterized by at least 10 days of severe concussion symptoms, such as cognitive impairment or concussive convulsions.

Concussion Syndromes

There are different types of concussion syndromes that may impact your health outcome, including:

  • Post-Concussion Syndrome: A disorder that is characterized by symptoms that last for weeks or months. The risk of acquiring this syndrome is not necessarily connected with the severity of the initial injury. For most post-concussion syndrome victims, symptoms show up within the first week. They will usually subside within three months, although symptoms can persist for a year or more.
  • Second Impact Syndrome: A rare condition that occurs when an individual sustains a concussion before a previous concussion has properly healed. The syndrome involves rapid and severe brain swelling that can have serious and even life-threatening results.

No matter what kind of head trauma you’ve experienced, the most important thing you can do is get immediate medical care and monitoring. The second vital step is to secure an attorney to protect your rights and secure the compensation necessary to access the best medical care.

How Long Does It Take To Recover From a Concussion?

Many find themselves wondering, “How long does a concussion last?” There is no one-size-fits-all answer. The severity of your concussion will determine how long it takes to be symptom-free and back to normal.

You can speed up the recovery process by cutting back on your cognitive load. This basically means doing as little thinking as you can. Try to reduce or entirely cut out reading, texting, playing on the computer, or even watching TV. The more mental rest you get at the beginning, the faster you can return to your everyday life.

A few long-term symptoms that can last months or years include:

  • Problems with long-term memory
  • Slowing of certain body movements
  • Emotional distress
  • Depression
  • Concussion syndromes

People who experience concussion symptoms more than several weeks after their accident typically have had multiple concussions. There can be a compounding effect with consecutive concussions, especially if the individual has not fully recovered from one concussion before experiencing another. This is another reason why it is so important to properly heal from a concussion and follow your doctor’s advice.

There are two primary ways that you can go about collecting the compensation that you deserve: filing a claim with the insurance company and filing a claim in civil court—a lawyer can help in both instances.

What Could a Concussion Injury Settlement Mean For You?

Concussions are known for being costly. Depending on the severity of your concussion, your recovery time could be considerable. When this happens, you may be looking at extensive financial costs in addition to the ones you have already suffered, and the other damages you have also experienced.

There are two primary ways that you can go about collecting the compensation that you deserve: filing a claim with the insurance company and filing a claim in civil court. A lawyer can help in both instances, by negotiating a fair payout from the insurance provider, and pursuing a legal cause against the negligent party who caused your injury. The compensation you receive could include coverage for:

  • Medical bills, ongoing therapeutic expenses, and equipment fees
  • Loss of income and future earnings
  • Pain and suffering for matters like loss of independence, disfigurement or scarring, or loss of companionship in a marriage
  • Punitive damages, which are “punishment” fees charged to the negligent party and then awarded to you
  • Wrongful death expenses like funeral costs or the loss of income in cases where the concussion injury caused or contributed to a your loved one’s death

When someone else is at fault for your injuries, you have the right to be fully repaid for your suffering. Damages are often broken up into economic and non-economic damages. Economic damages are financial whereas non-economic damages do not have a fixed monetary value.

It’s important to have an experienced attorney when seeking full compensation, as they will furnish the appropriate receipts, and translate your non-economic losses into number values the court can understand. Smith Law Center’s case results include an award of over $14 million dollars for a brain injury caused by a defective tire in a motorcycle accident.

A young woman holds her head on the side of the road with an ambulance in the background while her boyfriend calls an attorney.

How Can You Contact a Concussion Injury Attorney Today?

The accident or incident that caused your concussion may have been traumatic. But the aftermath does not have to be. When you have the right legal representative by your side, you can get the advice, support, and compensation that you deserve.

Our firm’s founder, Stephen Smith, is a graduate of Marquette University’s Neuroanatomical Dissection of the Human Brain and Spinal Cord program. He is president of the National Brain Injury Trial Lawyers Association and a former president of the Brain Injury Association of Virginia. Our attorneys are more than just lawyers; they are actively involved with renowned organizations and associations dedicated to brain injury awareness. Several of our attorneys have been elected year after year into the Best Lawyers in America, and our firm has been nominated as a Best Law Firm by U.S. News for 2020.

Schedule your free, no-obligation consultation with Smith Law Center when you call our office at (757) 244-7000. Or complete our online contact form. Your brain is in many ways the most important organ in your body—make sure it receives the care necessary to recover after a traumatic injury like a concussion.

Concussion FAQ


Will insurance be enough to cover my concussion treatment?

It is possible that insurance will be enough to cover your concussion treatment. There are a number of different factors that will come into play. The severity of your concussion, the length of your recovery, how much the liable party was insured for, how much your health insurance covers, and other factors will all be taken into consideration.

However, if the insurance company does not fully cover your concussion treatment, your remaining costs and losses can be sought after in your concussion injury claim.

What is “concussion protocol”?

Concussion protocols refer to the policies, assessments, and tools that determine how a concussion is cared for. Proper concussion protocols will outline the way that the concussion care team will prepare to handle and respond to concussions.

After suffering a concussion, be sure to seek medical attention right away. During the first 24 hours, you should have a loved one monitor your condition. Rest is typically the best treatment for a concussion, even after symptoms have disappeared.

If symptoms persist after you have received medical care, be sure to contact your healthcare provider. You may want to reach out to a medical professional who specializes in treating concussions. Also, do not return to any activities that might put you at risk for another concussion until cleared by your doctor.

Can you sue someone for giving you a concussion?

Absolutely. If someone else’s negligence or misconduct caused you to suffer a concussion injury, you have the right to hold them accountable. They can be ordered to cover all of the financial expenses you endured, and to compensate you for your financial and emotional damages as well. Contact Smith Law Center to get a free no-obligation consultation.

How long do I have to file a concussion lawsuit?

There is a ticking clock associated with every potential injury case. The window of opportunity varies from state to state. In Virginia, where Smith Law Center is located, the law states that you have two years before the statute of limitations (filing window) expires in a personal injury lawsuit. If you suffered a concussion, you will need to take action quickly to file your claim. Two years may sound like more than enough time to pursue your case, but there are many factors that could call into question when the statute of limitation begins and ends for your concussion case.

Make sure you have an experienced concussion lawyer at Smith Law Center representing you so the statute of limitations does not adversely impact your ability to be awarded maximum compensation. Contact us online or call us at (757) 244-7000 to get started on your case today.

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If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.

Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.

Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.

Mold in Military Housing

Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.

Unfortunately, a 2020 audit by the DoD Office of Inspector General found many issues, including the need for mold remediation, still persist.

Monetary Awards in Military Housing Toxic Mold Cases

If the property owner lets toxic mold run wild and continue to cause you harm, talk with our toxic mold attorneys about filing a lawsuit.

You may receive financial compensation for:

Service members and their families do not receive different types of damages than civilians. These are civil lawsuits in traditional courts of law.

Military Housing Mold Toxicity Symptoms

The Institute of Medicine discovered there was evidence connecting exposure to indoor mold with:

  • Upper respiratory tract symptoms;
  • Coughing;
  • Wheezing;
  • Asthma symptoms in individuals with asthma; and
  • Hypersensitivity pneumonitis in individuals with weak immune systems.

There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.

Understanding Exposure to Toxic Mold in Military Housing

The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.

Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.

Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.

People may be more likely to experience mold toxicity symptoms if they have:

  • Allergies,
  • An underlying lung disease,
  • Immune suppression,
  • Chronic obstructive pulmonary disorder,
  • Asthma, or
  • Another chronic respiratory disease.

Common Types of Military Housing Mold

When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.

If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.

Who is Liable for Military Housing Mold?

Since 1996, most military housing has come under the management of private companies:

  • Belfour Beatty Communities: Fort Eustis and Fort Story/li>
  • Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
  • Hunt Military Communities: Fort Lee and Langley AFB

Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.

Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.

If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.

The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.

Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.

Other Hazards in Military Housing

Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:

Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.

Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.

Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.

Poor Water Quality: Dozens of military sites have water with detectable levels of harmful chemicals.

Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.

What Happens When a Lot of People Get Sick?

Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.

Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.

Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.

Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away

Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.

Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.

Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.

You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.

Military Housing Mold Lawsuits: FAQs

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