If you've suffered a concussion after an accident, you may feel lucky it “wasn't worse.” But what seems manageable now can become a much longer journey. Concussions are a form of brain injury, and even when labeled as “mild,” they can lead to long-term cognitive issues, emotional difficulties, and loss of income. In fact, the term “mild” is misleading, as it refers only to the initial appearance of symptoms, not how serious or lasting the effects might be.
Whether your head injury occurred in a car accident, fall, or sports-related incident, a personal injury lawyer for concussion can help protect your legal rights, gather critical medical evidence, and fight for your full and fair compensation.
The legal decisions you make in the days and weeks after a concussion can have lifelong consequences. It’s not about exaggerating your injuries—it’s about not letting them be dismissed.
Do I Need a Lawyer for a Concussion? Some Key Takeaways to Consider
- A concussion is a traumatic brain injury (TBI) with symptoms that may worsen over time and significantly disrupt daily life.
- Diagnosis terms like “mild” often misrepresent the unexpected and long-term effects of concussion injuries.
- Legal help is often essential to document, track, and pursue compensation for the real impact of a concussion.
- Insurance companies may downplay the seriousness of concussions or rush to close claims early.
- A brain injury lawyer can advocate for your recovery by building a stronger case and challenging efforts to minimize your experience.
Concussions Are Brain Injuries, Not “Bumps on the Head”
The Brain Injury Association of America estimates that at least 2.8 million Americans sustain a new brain injury each year, with most being concussions. According to the Centers for Disease Control and Prevention (CDC), more than 586 people are hospitalized every day due to TBIs of varying degrees. However, brain injury researchers believe these numbers are significantly higher because concussions often go unreported and untreated. Many of these injuries are the result of preventable accidents caused by someone else's carelessness or recklessness.
Like all brain injuries, concussions can interfere with your ability to think clearly, regulate emotions, focus, and function day to day. Even if it wasn’t life-threatening, a concussion can still disrupt your life in ways that aren’t always visible or easy to explain.
Many people with concussions look fine on the outside. Imaging tests like CT scans or MRIs often come back normal because they aren't designed to detect the cellular or chemical changes happening inside the brain. Yet, the damage is real, and it can affect everything from relationships to employment.
Here are some of the symptoms people often experience after a concussion:
- Short-term memory loss: forgetting conversations, missing appointments, or needing constant reminders
- Cognitive difficulties: trouble focusing, slower thinking, or struggling to follow instructions
- Behavior and personality changes: irritability, frustration, or feeling emotionally detached
- Sleep disruption: difficulty falling asleep, waking frequently, or feeling unrested despite sleeping
- Emotional instability: increased anxiety, depression, or mood swings that feel uncharacteristic
These symptoms may not show up right away. They can emerge gradually after weeks or months and worsen over time. That’s part of what makes concussion injuries so challenging—both to live with and to prove in a legal setting. They're often dismissed because they’re invisible. A strong legal case shows how the injury has changed your life, not just what a scan does or doesn’t reveal.
What Is Post-Concussion Syndrome?
Post-concussion syndrome (PCS) happens when concussion symptoms last far longer than expected—often several months, and in some cases, over a year. Unlike a typical recovery that resolves in a few weeks, PCS symptoms can linger and fluctuate, making it harder to work, sleep, or feel like yourself again.
Symptoms often mirror the original concussion—headaches, fatigue, irritability, and concentration issues, but persist in a way that interferes with daily life. Some people also experience emotional changes or heightened anxiety. Diagnosis isn’t based on a scan but rather on a history of symptoms that just won’t go away.
Roughly 15% of people with concussions develop PCS, though experts believe it’s underreported. It doesn’t mean your injury is permanent, but it does mean your claim must reflect its full impact. A traumatic brain injury lawyer can help document this condition and push back when insurers treat it like a minor setback.
Insurance Claims Often Undervalue Concussion Injuries
Many accident victims initially try to handle their claim alone, believing their injury is too minor to require a lawyer. Unfortunately, that belief can lead to long-term financial and medical consequences. Insurers often move fast to close claims involving concussions, especially if there’s no hospitalization or visible injury.
If you accept a settlement before understanding the full impact of your condition, you could give up your right to future compensation. Once a claim is closed, it usually can’t be reopened even if your symptoms worsen.
Here are common issues people face when handling concussion claims alone:
- Pressure to settle quickly before symptoms escalate
- Denial of coverage due to lack of visible injury
- Disputes over whether the accident actually caused the concussion
- Failure to link delayed symptoms to the original incident
A concussion injury attorney can help prevent these issues by gathering thorough medical documentation, working with neurologists and other specialists, and keeping your case open while your condition evolves.
Why Legal Help Matters After a “Mild” Brain Injury
Some people hesitate to seek legal advice after a concussion because they assume it’s unnecessary, or worry they’re making too much out of the situation. But concussions can take a steep toll on your work life, relationships, and ability to function.
Unlike a broken bone or sprained ankle, concussions don’t come with a clear healing timeline. Fatigue, emotional instability, and cognitive dysfunction may linger, making it difficult to work, drive, or care for family.
Here’s what a personal injury lawyer for a concussion does to support your claim:
- Helps prove causation between the accident and the head injury
- Connects you with medical professionals familiar with TBI cases
- Tracks your medical and emotional recovery through consistent documentation
- Calculates damages based on missed work, treatment costs, and long-term care needs
- Pushes back when insurance tries to lowball or deny your claim
Legal representation can make the difference between a minimal payout and a recovery that covers your actual losses.
Long-Term Effects of Concussion Can Surface Months Later
Not all head trauma symptoms appear right away. In many cases, the most significant challenges arise weeks or months later, long after the adrenaline of the accident has worn off.
Common delayed symptoms include:
- Persistent headaches
- Sensory sensitivity (light and noise)
- Trouble processing language or numbers
- Emotional volatility or mood swings
- Memory lapses or confusion
These effects can make daily life harder, especially when they interfere with work, relationships, or your ability to focus. If you’ve already started the claims process or accepted care without documenting everything, don’t panic. You still have options. A TBI lawyer can assess where things stand, help gather supporting evidence, and guide you through your next steps with clarity and care.
State Laws Affect Your Timeline to File
Every state has its own deadlines, called statutes of limitations, for filing personal injury claims. Most range from two to three years. In New Mexico, for example, the statute of limitations (N.M. Stat. Ann. § 37-1-8) generally allows three years from the date of the accident to file a lawsuit for a personal injury.
Waiting too long to talk to a brain injury lawyer could mean losing your legal right to file a claim, even if your injuries are valid.
Other state-specific issues, like New Mexico’s pure comparative negligence law—can also impact your claim. If an insurance company tries to argue you were partially at fault for your accident, your recovery could be reduced. In New Mexico, you may still recover damages if you're less than 100% at fault, but your compensation is reduced based on your percentage of blame.
A qualified legal team understands how these rules apply and how to counter strategies aimed at limiting your recovery.
You Don’t Need to Lose Consciousness to Have a Claim
Contrary to what many people believe, you don’t have to black out or be unconscious to have sustained a brain injury. In fact, most people who suffer concussions never lose consciousness. A strong jolt to the head or even the body can cause the brain to shift inside the skull, resulting in damage.
Many insurers and defense lawyers try to discredit concussion claims by pointing out that the victim never passed out, didn’t need surgery, or walked away from the scene. But medical research shows that these factors don’t determine the seriousness of a brain injury.
A concussion settlement claim often depends more on careful documentation and expert evaluation than on dramatic evidence. That’s why having a lawyer early on helps preserve the value of your case, even if you didn’t go to the hospital immediately or didn’t notice symptoms for a few days.
Common Accidents That Can Lead to Concussion Injuries
Concussions occur in a variety of accidents, from collisions to falls. But in each case, the mechanism of injury usually involves sudden force, shaking, or blunt trauma that causes the brain to move rapidly inside the skull.
Here are several scenarios where concussions frequently occur:
- Car accidents: Even low-speed crashes can result in head injuries when the head strikes a window, headrest, or airbag
- Motorcycle or bicycle crashes: Riders are especially vulnerable to traumatic brain injuries, even with helmets
- Slip and fall incidents: Falls are one of the leading causes of concussions, especially among older adults
- Workplace injuries: Construction sites and industrial workplaces are high-risk areas for falls and head trauma
- Rideshare or pedestrian accidents: Passengers and pedestrians often suffer head injuries in high-impact collisions
In any of these situations, a concussion lawyer can review accident reports, medical evaluations, and other evidence to determine whether someone else’s negligence contributed to your injury.
Delayed Symptoms Can Jeopardize Your Claim Without Legal Help
One of the most difficult aspects of concussion injuries is how unpredictable they are. You might feel fine the day after your accident, but develop serious symptoms a week later. Unfortunately, delays in diagnosis can weaken your claim.
Legal teams work with medical professionals who understand how brain injuries evolve. They help make sure delayed symptoms are recognized as part of your injury, not dismissed as unrelated. This is especially important when symptoms such as memory issues, confusion, or emotional distress arise over time.
Without legal guidance, it’s easy to make small mistakes that insurance companies later use against you:
- Gaps in treatment
- Inconsistent reports of symptoms
- Delays in diagnosis
- Returning to work too soon
- Accepting an early settlement
A concussion injury attorney helps track the full arc of your injury and recovery, protecting your ability to claim all available damages.
What Compensation Might Include in a Concussion Claim
Recovering compensation after a concussion is about more than covering the emergency room bill. A complete claim accounts for the many ways a brain injury can disrupt your life.
Here are common types of losses that may be included in a head injury compensation claim:
- Medical expenses: ER visits, neurological exams, imaging, therapy, and long-term care
- Lost income: Missed workdays, reduced hours, or job loss due to symptoms
- Pain and suffering: Physical discomfort, fatigue, headaches, and chronic symptoms
- Emotional distress: Anxiety, depression, or personality changes following the injury
- Loss of enjoyment of life: Inability to engage in hobbies, relationships, or normal routines
Every case is different. A personal injury lawyer can calculate a realistic settlement demand by working closely with your doctors, therapists, and employer.
Common Questions About Concussion Injury Claims
What is the deadline for filing a concussion injury claim in New Mexico?
In New Mexico, you typically have three years from the date of the injury to file a personal injury lawsuit. There are exceptions to this rule that could shorten the timeline of your case significantly, so contact a lawyer as soon as possible to avoid missing a critical deadline.
What if I’m partly at fault for the accident?
New Mexico follows a pure comparative negligence system for assessing damages in car accidents and most other personal injury cases where more than one party shares fault. You can still recover damages as long as you're not 100% at fault, but your compensation is reduced by your percentage of fault.
How much does a concussion lawyer cost?
Most personal injury lawyers handling concussion cases work on a contingency fee basis. This means you don’t pay up front. The lawyer is only paid if they recover compensation for you.
Is a concussion considered serious enough to file a lawsuit?
Yes. A concussion is a type of traumatic brain injury. Even when symptoms seem minor at first, they can lead to lasting difficulties. Lawsuits are often necessary to recover the full cost of treatment and the impact on your life.
Can I sue someone if I didn’t go to the hospital right after my accident?
Yes, but it may be more difficult to prove your case. A lawyer can help collect medical evidence, expert opinions, and symptom tracking that connect your injury to the accident, even if you delayed treatment.
Finding the Right Legal Help for a Concussion Injury
The impact of a concussion isn’t always obvious, but that doesn’t make it any less real. You might look fine to others, yet still struggle with memory lapses, emotional changes, or mental exhaustion that affect every part of your daily life. The biggest mistake many people make is waiting—waiting to see if symptoms go away, waiting to report the injury, or waiting to call for legal advice.
When you work with Gauthier & Maier Law Firm, P.C., you’re gaining a legal team that understands how to handle concussion cases with the depth and attention they require. We work with trusted medical professionals, gather meaningful evidence, and push back when insurers try to downplay brain trauma and its effects on your life. Our experience in New Mexico courts, combined with our background in insurance defense, gives us a unique ability to protect your rights and pursue full and fair compensation.
Call our Albuquerque or Los Lunas office at 505-226-0009 or contact us today for a free consultation.