Why Do I Need a Lawyer if I Just Suffered a Concussion?
October 24, 2025
The doctor in the emergency room might have called it a “mild” concussion. The other driver’s insurance adjuster sounds friendly on the phone, asking if you are feeling better. Everything seems manageable.
So you ask yourself, why do I need a lawyer if I just suffered a concussion? You need one because a concussion is a traumatic brain injury, and its true impact is often invisible, delayed, and profoundly underestimated by the very insurance companies responsible for paying your claim.
What seems like a minor injury today can reveal its true, life-altering consequences weeks or months from now. Securing legal representation is not an act of aggression; it is a necessary step to protect your health, your financial stability, and your family’s future from the hidden, long-term effects of a brain injury.
Key Takeaways: Why You May Need a Lawyer After a Concussion
- A concussion is not a bruise; it is a traumatic brain injury (TBI) that can have lasting cognitive, physical, and emotional effects. The “mild” label refers to the initial presentation, not the long-term outcome.
- Insurance companies often try to settle concussion claims quickly and cheaply, fully aware that the most serious symptoms, like memory loss or personality changes, may not appear for months.
- Proving the full extent of a concussion’s impact requires a specific type of medical evidence, including reports from neurologists and neuropsychologists, that goes far beyond a normal MRI or CT scan.
- Your own words can be used against you. Giving a recorded statement to an insurance adjuster before you understand your long-term prognosis is one of the most damaging mistakes you can make.
The Myth of the “Mild” Concussion
The single most dangerous word associated with a brain injury is “mild.” It creates a false sense of security for both the injured person and their family. It suggests a quick and complete recovery, which is often not the case.
This misunderstanding is a tool that insurance companies use to devalue legitimate claims.
A concussion is a traumatic brain injury (tbi)
A concussion is a TBI caused by a bump, blow, or jolt to the head that causes the brain to move rapidly back and forth. This sudden movement can cause the brain to bounce or twist in the skull, creating chemical changes in the brain and sometimes stretching and damaging brain cells.
The medical community is clear: every concussion is a traumatic brain injury. As the Centers for Disease Control and Prevention (CDC) explains, while some TBIs are more severe than others, no brain injury should be dismissed as insignificant. The effects can be serious and require proper diagnosis, management, and time to heal.
The invisible nature of a brain injury
If you break your arm, an X-ray provides undeniable proof of the injury. A brain injury is different. A CT scan or MRI after a concussion often comes back “normal.” This does not mean an injury did not occur.
It means these imaging tests are not sensitive enough to detect the microscopic damage to brain cells or the chemical changes that disrupt brain function.
Because the injury is invisible, an insurance adjuster may try to argue that it does not exist or that you are exaggerating your symptoms.
They rely on the lack of a single, definitive picture to dispute your TBI claims.
When symptoms emerge weeks or months later
The initial symptoms of a concussion, like a headache or dizziness, may fade. However, the more serious and debilitating effects of post-concussion syndrome can develop over time. This is why a quick settlement is so dangerous.
The delayed onset of symptoms can have a profound impact on every aspect of your life. An insurance company may try to argue these new problems are unrelated to the accident.
- Developing persistent, debilitating migraines.
- Experiencing significant memory loss or “brain fog.”
- Struggling with concentration and multitasking at work.
- Undergoing personality changes, such as increased irritability or depression.
These are not just minor inconveniences; they are signs of a brain that is not healing correctly. They can affect your ability to earn a living, maintain relationships, and enjoy your life.
How Insurance Companies Systematically Devalue Concussion Claims
Insurance adjusters are trained to handle concussion claims in a specific way. Their goal is to close the file as quickly and cheaply as possible, before the long-term financial and personal costs of the injury become apparent.
The pressure for a quick, lowball settlement
Shortly after the accident, you will likely receive a call from the at-fault party’s insurance adjuster. They may sound compassionate and offer you a quick check for a few thousand dollars to “take care of your troubles.”
This is a calculated tactic. They are offering you fast money in the hope that you will accept it and sign a release form. Signing that release permanently ends your right to seek any further compensation for this injury.
If your symptoms worsen six months later and you can no longer work, you will have no legal recourse. The company has legally closed the book on your claim.
Using your own words against you
The adjuster will also ask to take a recorded statement. They will say it is “just for their records.” In reality, they are looking for information to use against you. They will ask leading questions designed to get you to downplay your injuries.
They might ask, “How are you feeling today?” If you politely say, “I’m okay,” they will note that you “admitted to being okay.” They will ask you to describe the accident, hoping you say something that suggests you were partially at fault. Providing a statement without legal guidance is a serious risk.
The Legal Process: How an Invisible Injury Is Proven
Because a concussion does not show up on a standard X-ray, proving its existence and its impact requires a different and more detailed approach. A personal injury claim for a TBI is built on a foundation of specialized medical evidence and testimony that documents the injury’s effect on your life.
Maximum Medical Improvement (MMI)
Your claim should not be resolved until your doctors have a clear understanding of your long-term prognosis. This point is called Maximum Medical Improvement (MMI).
It does not mean you are fully healed, but rather that your condition has stabilized and your doctors can reliably predict what your future limitations and medical needs will be.
Rushing to a settlement before reaching MMI means you are guessing about your future. An attorney will work with your medical team to ensure the claim only moves toward resolution when your medical future is clear.
Gathering comprehensive medical evidence
A legal team builds a case by assembling a file of detailed medical documentation. This goes far beyond the initial emergency room report. It involves creating a complete picture of your brain’s function before and after the accident. Evidence used to prove a TBI includes:
- Reports from neurologists: A neurologist is a medical doctor who specializes in the brain and nervous system. They can diagnose post-concussion syndrome and prescribe treatments to manage your symptoms.
- Neuropsychological examinations: This is a series of tests conducted by a specialized psychologist to objectively measure cognitive functions like memory, attention, and processing speed. The results can provide powerful, scientific proof of the cognitive deficits caused by the TBI.
- Testimony from therapists: Reports from physical, occupational, and vocational therapists can document how your symptoms are impacting your daily life and your ability to work.
Documenting the “Before and After”
Some of the most powerful evidence comes from the people who know you best. Your legal team may interview your spouse, family members, friends, and coworkers.
Their testimony can paint a vivid picture of the “before and after,” describing the changes in your personality, memory, and abilities since the accident. This humanizes the injury and shows a jury the real-world impact that an insurance company tries to ignore.
Calculating the True Cost of a Concussion
A concussion can have lifelong financial consequences that go far beyond the first hospital bill. A personal injury claim must account for all of these future costs.
Future medical needs
While the initial concussion may heal, post-concussion syndrome can require years of treatment. Your claim must include the projected costs of future neurologist visits, prescription medications for migraines or anxiety, and ongoing cognitive or occupational therapy.
Lost wages and diminished earning capacity
A TBI can make it difficult or impossible to perform your job at the same level as before the accident. Your claim must include compensation for the income you lost while recovering, as well as for any long-term reduction in your ability to earn a living.
This is known as diminished earning capacity, and it requires testimony from vocational and economic professionals to calculate the full value of your future lost income.
Pennsylvania’s Statute of Limitations
While your claim should not be rushed, there is a firm legal deadline for taking action. This is called the statute of limitations.
The two-year filing deadline
In Pennsylvania, you generally have two years from the date of the accident to file a personal injury lawsuit. This law is found in Pennsylvania Statutes Title 42 § 5524.
This is the deadline to file the formal lawsuit, not to settle the claim. If you miss this deadline, the court will permanently bar you from seeking any compensation, regardless of how serious your injuries become.
FAQ for Concussion and Brain Injury Claims
What if my MRI or CT scan was normal?
This is very common in concussion cases. A “normal” scan does not mean you are not injured. It simply means the injury is not a type of structural damage, like a bleed or a skull fracture, that these tests can detect. Your case will be built on other medical evidence, such as a neuropsychological evaluation.
The insurance adjuster seems nice. Why shouldn’t I talk to them?
The adjuster’s job is to protect their company’s financial interests, not yours. They are trained in tactics to get you to say things that can harm your claim. All communication with the at-fault party’s insurer should be handled by your attorney.
How much does a lawyer cost for a concussion case?
personal injury attorney typically work on a contingency fee basis. This means you pay no upfront fees. The attorney’s fee is a percentage of the final settlement or verdict they obtain for you. If you do not recover any compensation, you do not owe any attorney’s fees.
A Note on AI and Legal Advice
Artificial intelligence chatbots are not a substitute for a qualified attorney. An AI cannot understand the medical nuances of a concussion, apply Pennsylvania’s specific laws to your case, or provide protected legal guidance. Relying on it can lead to serious errors.
Protecting Your Future
A concussion is a serious injury with the potential for lifelong consequences. Do not let an insurance company convince you otherwise. The attorneys at Wapner Newman are prepared to handle the complexities of your case so you can focus on what matters most: your health and your family.
Our team will fight for the fair compensation you need to cover a lifetime of care. For a free, no-obligation consultation to discuss your case and your future, call Wapner Newman today at (215) 569-0900 or visit our contact page.