NFL Concussion Research Provides Critical Evidence in $5.1 Million Brain Injury Lawsuit


January 03, 2012

Our Atlanta brain injury attorneys realize that concussions related to football and other contact sports have become an increasingly serious issue, and the subject of litigation involving the NFL. The devastating long-term impact of concussions is not limited to head injuries in contact-related sports.

The cutting-edge research being conducted on head trauma suffered by professional football players is now being used in other litigation involving the debilitating effects of concussions.

A construction worker in Illinois recently settled a brain injury lawsuit for $5.1 million based on studies involving NFL players who suffered concussions. The plaintiff in the lawsuit is a 56-year-old HVAC construction worker who suffered a severe brain injury when lumber toppled off of a forklift and fell three stories before striking him in the head. The impact caused a severe concussion that impaired his memory and cognitive skills.

The NFL studies provided vital evidence on the issue of causation. Because the plaintiff suffered only a single concussion, the attorneys for the insurance company might have argued that his diminished mental capacity was not caused by a single concussion. However, the evidence relied on by the injured construction worker included a study indicating even a single concussion can result in impaired brain functioning that mirrors the symptoms of Alzheimer’s disease.

The evidence coming out of NFL concussion studies can provide valuable state-of-the-art evidence in other cases involving head injuries. Insurance companies frequently defend personal injury cases involving construction accidents, car accidents, falls and other accidents that result in head injuries by disputing the cause of the plaintiff’s diminished intellectual functioning.

The plaintiff in a personal injury case must prove that the unreasonably unsafe conduct that caused the accident was also the cause of the plaintiff’s injuries. Insurance companies may attempt to scour the medical records of a plaintiff to look for potential organic causes of the loss of mental functioning or to link the impairment to a prior incident. However, the medical studies related to the impact of concussions can be a valuable tool to combat such tactics when insurance companies attempt to minimize the impact of a single blow to the head in an accident.

At Montlick and Associates, our attorneys understand the sorts of strategies used by insurance companies to minimize the amount they pay on claims involving debilitating brain injuries. In serious cases, we work closely with medical experts and may present cutting-edge research on concussions and brain injuries to overcome insurance industry tactics designed to reduce exposure to a damage award or settlement.

Our Atlanta brain injury attorneys at Montlick and Associates are available to provide effective legal representation to clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.