A concussion can affect you in ways you might not expect, like your ability to work, your relationships, and your sense of “normal.” Maybe you were in a car accident, slipped on an icy sidewalk, or took a hard hit during a football game. You might look “fine” on the outside but still feel foggy, tired, anxious, or just not like yourself.
If that sounds familiar, you’re not alone. And we’re here to help you understand what your next steps might look like.
At Litco Law, we’ve helped thousands of Albertans navigate concussion and traumatic brain injury claims. While every case is unique, this article will help you understand what goes into calculating a concussion settlement and what you can do to protect your rights.
Key Takeaways
- Every concussion is different. The value of a claim depends on how your injury has affected your life, not just the diagnosis.
- You may still have a claim even if symptoms seem “mild.” Concussions can impact focus, mood, and memory long after the injury.
- The “minor injury cap” doesn’t always apply. Many concussions fall outside Alberta’s minor injury cap if symptoms persist or affect daily function.
- Document everything. Keeping a record of medical visits, symptoms, and changes in work or daily life can help build a stronger case.
- Get legal help early. A personal injury lawyer can deal with insurers and help you get the compensation you deserve.
What Is a Concussion & How Can It Affect You After an Accident?
A concussion is a type of brain injury that is often caused by a sudden impact to the head or body. It can affect the way your brain works — sometimes for days, months, or longer.
Common concussion symptoms can include:
- Headaches, dizziness, or sensitivity to light and noise
- Brain fog or difficulty concentrating
- Fatigue, sleep changes, or mood swings
- Memory issues or trouble processing information
Even a “mild” concussion can have a major impact on your ability to work, drive, or enjoy life. That’s why it’s so important to take it seriously and to get medical help right away.
What Factors Affect a Concussion Settlement in Alberta?
There isn’t a one-size-fits-all number for concussion payouts. The amount of compensation you’re entitled to is determined by the courts and is based on how your injury has affected your life, rather than just the diagnosis itself.
Some of the key factors include:
- Severity and duration of symptoms: Are your symptoms mild and short-term, or long-lasting and disruptive?
- Impact on your work and income: Have you had to take time off work or change jobs because of your symptoms?
- Medical treatment and recovery: Have you needed ongoing care such as physiotherapy, occupational therapy, or counselling?
- Pain and suffering: How has the injury affected your daily life, relationships, and mental well-being?
- Future outlook: Will you need continued support or experience long-term limitations?
Because of these factors, the amount of compensation you may be entitled to for concussion-related injuries in Alberta can range widely, from a few thousand dollars for minor cases to significantly more for serious or chronic post-concussion conditions.
Does the Alberta Minor Injury Cap Apply to Concussions?
Not usually. In Alberta, there’s something called the Minor Injury Regulation, which places a limit (or “cap”) on compensation for certain soft-tissue injuries and whiplash-associated disorders. However, not all concussions are considered minor injuries.
If your concussion causes ongoing symptoms or interferes with your ability to function normally, it may fall outside of the cap. An experienced injury lawyer can help determine how the law applies in your specific case.
Next Steps
If you’ve recently been in an accident and think you might have a concussion, it’s important to take care of both your health and your legal rights. Concussions don’t always show up right away, and symptoms can appear hours or even days later. Here’s what to do next:
- See a doctor right away. Even if you feel “mostly fine,” it’s crucial to get checked. A healthcare provider can diagnose a concussion, document your symptoms, and create a treatment plan — all of which help protect your health and support your claim.
- Follow medical advice and record your symptoms. Keep a simple journal or notes app log of headaches, dizziness, fatigue, mood changes, or sleep issues. This record can show how your concussion affects your day-to-day life.
- Avoid activities that could worsen your symptoms. Limit screen time, rest when you need to, and ease back into physical activity as advised by your doctor.
- Notify your employer or insurance company if needed. If your concussion was caused by a car accident, slip and fall, or work-related incident, make sure to report it. This helps create an official record and can start the claims process.
- Talk to a personal injury lawyer early. Navigating concussion claims can be complex, especially if your symptoms linger or significantly impact your life. A lawyer can explain your options, deal with insurance adjusters, and make sure your settlement reflects the full impact of your injury.
Find a Litco Law injury lawyer near me.
At Litco Law, we’ll handle the paperwork and help you understand every step, so you can focus on feeling better — not fighting insurance battles.
Tips For Starting a Concussion Injury Claim in Alberta
If you’ve suffered a concussion and you’re considering an injury claim, there are a few important steps that can make a big difference in your claim:
- Get medical attention immediately and follow up with specialists as needed.
- Keep notes on your symptoms, appointments, and how your life has changed.
- Avoid settling too early. Concussion symptoms can evolve over time, and you want to make sure you understand the full extent of your recovery.
- Talk to a personal injury lawyer early. We can help you understand your rights and deal with the insurance company so you can focus on healing.
Get Help with Your Concussion Injury Claim – We’re Here For You
At Litco Law, we know that concussions can be invisible to others, but very real for you. We’re Alberta’s largest personal injury firm, and we’ve been helping Albertans with their injury claims since 1976. Whether your concussion came from a car accident, slip and fall, or other event, we’re here to listen, support, and help you get the compensation you deserve.
There’s no fee unless and until we resolve your claim, and consultations are completely free.
If you or someone you care about is struggling after a concussion and has questions about compensation, our personal injury lawyers are here to provide answers.
Contact us to speak with our legal team today for free.
FAQs About Concussion Injury Claims in Alberta
Can I make a claim for a concussion in Alberta?
Yes. If your concussion was caused by someone else’s negligence — such as a car accident, slip and fall, or sports-related incident — you may be eligible for compensation. This can include lost income, medical expenses, and pain and suffering.
Is a concussion considered a “minor injury” under Alberta law?
Not usually. While some concussions may be classified as minor, many are not covered under Alberta’s minor injury cap — especially if symptoms persist, interfere with daily activities, or lead to post-concussion syndrome. A lawyer can help determine how the regulation applies to your situation.
How long do I have to file a concussion injury claim in Alberta?
In most cases, you have two years from the date of the accident to file a claim. It’s best to speak with a lawyer as soon as possible while evidence is easier to gather.
How much compensation can I get for a concussion?
Settlement amounts vary widely depending on symptom severity, recovery time, and how your life has been affected. Minor, short-term concussions may lead to smaller settlements, while more serious or long-lasting cases can be worth significantly more. A personal injury lawyer can help estimate the potential value of your specific claim.
Do I need a lawyer for a concussion claim?
You don’t have to hire a lawyer, but having one can make a major difference. Concussion claims often involve medical evidence and complex insurance rules. At Litco Law, we handle the legal work and insurance communication for you, with no fees unless and until you win.
Still have questions? Contact our legal team today to book a free consultation.
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