Indianapolis Concussion Lawyer | Mild Traumatic Brain Injury Claims | Free Consultation

Indianapolis Concussion Lawyer – Fighting for Brain Injury Victims

A concussion might seem like a minor injury—you didn't lose consciousness, the CT scan was normal, and the ER sent you home. But weeks later, you're still dealing with headaches, difficulty concentrating, mood swings, and sensitivity to light. You can't work effectively. Your relationships suffer. And the insurance company says there's nothing wrong with you.

According to the Centers for Disease Control and Indiana State Department of Health data, traumatic brain injuries—including concussions—account for approximately 50,000 emergency department visits in Indiana annually. Many more go unreported or undiagnosed.

Whether you suffered a concussion in a car crash on I-465, a slip and fall at an Indianapolis business, or a workplace accident in Central Indiana, you deserve compensation that reflects the real impact on your life. At Emerson Divorce and Accident Injury Attorneys, our Indianapolis concussion lawyers understand how to prove these "invisible" injuries and fight for fair compensation.

Headquarters in Carmel with offices in Fishers and Zionsville—serving concussion victims in Indianapolis, Hamilton County, and throughout Indiana.

Free consultation: 317-969-8000

Watch: Understanding Concussion Claims in Indianapolis

What To Do After a Concussion

Get Medical Attention Immediately

1. Go to the ER after any head impact: Indianapolis-area emergency rooms with neurological expertise include IU Health Methodist, Eskenazi Health, Ascension St. Vincent, and Community Hospital North.
2. Get a CT scan: While CT doesn't show concussions, it rules out bleeding and skull fractures.
3. Report ALL symptoms: Headache, dizziness, confusion, nausea, memory problems, mood changes—document everything.
4. Follow up within 24-48 hours: See your primary care doctor or a concussion specialist for follow-up evaluation.

Monitor for Worsening Symptoms

Return to ER immediately if you experience: Worsening headache, repeated vomiting, seizures, slurred speech, increasing confusion, weakness or numbness, unequal pupils, loss of consciousness.

Protect Your Legal Rights

5. Keep a detailed symptom journal: Record symptoms daily—headaches, cognitive problems, mood changes, sleep issues.
6. Report the accident: File police reports or incident reports. For Indianapolis accidents, reports can be obtained from IMPD.
7. Don't return to work or activities too soon: Premature return can worsen symptoms and hurt your case.
8. Don't give recorded statements: Insurance adjusters will use your words to minimize your claim.
9. Contact an attorney: Under Indiana law, you have only two years to file. Concussion cases require specialized handling.

Common Causes of Concussions in Indianapolis

Motor Vehicle Accidents

Vehicle crashes are a leading cause of concussions in Central Indiana:

• Car accidents: Head striking steering wheel, window, headrest, or simply the violent motion of impact causes concussions
• Truck accidents: The massive forces in semi-truck collisions on I-65, I-70, and I-465 cause severe brain injuries
• Motorcycle accidents: Even with helmets, concussions are common in motorcycle crashes
• Pedestrian and bicycle accidents: Head impacts with vehicles or pavement

According to Indiana State Police data, Marion County records thousands of injury crashes annually, many involving head trauma.

Slip and Fall Accidents

Falls cause concussions when the head strikes:

• Hard floors (concrete, tile, hardwood)
• Stairs and steps
• Ice and wet surfaces
• Uneven pavement or walkways

We've handled concussion cases from falls at Indianapolis grocery stores, restaurants, office buildings, apartment complexes, and parking lots throughout Marion and Hamilton Counties.

Workplace Accidents

• Construction: Falls from heights, struck by falling objects—Indianapolis's ongoing development creates constant risk
• Warehousing: Forklift accidents, falling merchandise in Plainfield, Whitestown, and Indianapolis logistics centers
• Manufacturing: Equipment accidents, slips and falls
• Healthcare: Patient handling incidents

Sports and Recreation

• Football, soccer, basketball, hockey
• Cheerleading and gymnastics
• Cycling and skateboarding
• Recreational activities and amusement parks

Assaults

Physical attacks causing head trauma give rise to civil claims against attackers and potentially against property owners with inadequate security.

How Concussions Happen

A concussion is a mild traumatic brain injury (mTBI) caused by the brain moving rapidly inside the skull. This can happen from:

• Direct impact: Head striking an object (steering wheel, ground, equipment)
• Acceleration/deceleration: Brain moves inside skull from sudden stops or direction changes—no direct head impact required
• Rotational forces: Twisting motion causes shearing damage to brain tissue
• Blast injuries: Pressure waves from explosions

What Happens to the Brain

• Brain tissue stretches and damages at the cellular level
• Chemical changes disrupt normal brain function
• Blood flow and metabolism are altered
• Inflammation develops
• Neural connections may be damaged

Important: You don't have to lose consciousness to have a concussion. In fact, most concussions don't involve loss of consciousness.

Symptoms of Concussion

Critical: Concussion symptoms often don't appear immediately. They may develop hours or even days after injury. Always get evaluated after any head trauma, even if you feel fine initially.

Physical Symptoms

• Headache (most common symptom)
• Dizziness and balance problems
• Nausea or vomiting
• Fatigue and drowsiness
• Sensitivity to light (photophobia)
• Sensitivity to noise
• Blurred or double vision
• Ringing in ears (tinnitus)

Cognitive Symptoms

• Difficulty concentrating
• Memory problems (especially short-term)
• Feeling "foggy" or "in a daze"
• Slowed thinking and processing
• Difficulty finding words
• Confusion

Emotional/Behavioral Symptoms

• Irritability and mood swings
• Depression and anxiety
• Emotional instability (crying or laughing inappropriately)
• Personality changes

Sleep Disturbances

• Sleeping more than usual
• Difficulty falling asleep
• Difficulty staying asleep
• Feeling unrested even after sleep

The "Invisible" Injury Problem: Why Concussions Are Hard to Prove

What Insurance Companies Don't Want You to Know: Concussions don't show on CT scans or standard MRIs. Insurance adjusters use this to claim you're not really injured—or that you're exaggerating. But just because imaging is normal doesn't mean your brain isn't damaged.

This is one of the most frustrating aspects of concussion cases. You know something is wrong. You can't think clearly, you have constant headaches, you can't work effectively—but the insurance company points to normal imaging and says there's no injury.

How We Prove Concussions

Our Indianapolis concussion lawyers work with neurological specialists to document what standard imaging misses:

• Neuropsychological Testing: Comprehensive cognitive testing that measures attention, memory, processing speed, and executive function—objective evidence of brain dysfunction
• Balance and Vestibular Testing: Specialized tests that detect balance and inner ear problems common after concussion
• Advanced Imaging: DTI (Diffusion Tensor Imaging), fMRI, and SPECT scans can sometimes reveal damage standard MRI misses
• Symptom Documentation: Detailed daily symptom journals showing the pattern and persistence of problems
• Before/After Evidence: Work performance records, academic records, statements from family and coworkers showing functional decline
• Expert Testimony: Neurologists and neuropsychologists who can explain how concussions cause symptoms even with normal imaging

Under Indiana law, you're entitled to compensation for injuries that affect your life—not just injuries that photograph well. We know how to build these cases.

Diagnosing Concussions

Clinical Evaluation

• Symptom assessment: Detailed questioning about all symptoms
• Neurological examination: Balance, coordination, reflexes, eye movements
• Cognitive screening: Memory, concentration, processing speed tests
• Glasgow Coma Scale: Assessment of consciousness level

Imaging

• CT scan: Rules out bleeding and skull fractures—won't show concussion itself
• MRI: More detailed than CT but still usually normal in concussion
• Advanced imaging (when available): DTI, fMRI, SPECT may show abnormalities

Specialized Testing

• Neuropsychological evaluation: Comprehensive cognitive testing—often the most valuable diagnostic tool
• Vestibular testing: Balance and inner ear function
• Vision testing: Eye tracking and visual processing

Indianapolis-Area Concussion Specialists

We work with leading brain injury specialists at:

• IU Health Neuroscience Center
• Goodman Campbell Brain and Spine
• Community Health Network Concussion Program
• Ascension St. Vincent Neurology
• Riley Hospital for Children (pediatric concussions)

Concussion Treatment

Acute Phase (First 24-72 Hours)

• Physical and cognitive rest: Avoid activities that worsen symptoms
• Limit screen time: Phones, computers, and TV can aggravate symptoms
• Sleep: Rest is critical for brain healing
• Avoid alcohol and certain medications
• Monitor for worsening symptoms

Recovery Phase

• Gradual return to activity: Slowly increase physical and cognitive activity as tolerated
• Vestibular therapy: For balance and dizziness problems
• Vision therapy: For visual processing problems
• Cognitive rehabilitation: Exercises to improve attention, memory, and processing
• Physical therapy: For neck pain and associated injuries

Medication Management

• Pain management for headaches
• Sleep aids if needed
• Medications for mood symptoms
• Vestibular medications for dizziness

Post-Concussion Syndrome (PCS)

While most concussions resolve within 2-4 weeks, a significant percentage of victims develop Post-Concussion Syndrome—persistent symptoms lasting months or even years.

PCS Statistics

• 10-30% of concussion victims develop PCS
• Symptoms can persist for months to years
• Some patients never fully recover

Risk Factors for PCS

• History of prior concussions
• Older age
• Female gender (higher risk)
• History of migraines, depression, or anxiety
• Severity of initial symptoms
• Premature return to activity

PCS Symptoms

• Persistent headaches
• Chronic dizziness
• Ongoing cognitive difficulties
• Fatigue that doesn't improve
• Sleep disturbances
• Mood disorders (depression, anxiety, irritability)
• Light and noise sensitivity

Legal Significance: PCS dramatically increases case value because it represents long-term disability requiring ongoing treatment and affecting work capacity. Under Indiana law, you're entitled to compensation for all reasonably certain future effects of your injury.

Long-Term Care Needs: Planning for the Future

For concussions that develop into PCS or cause lasting symptoms, future care needs must be documented:

Ongoing Treatment Costs

• Neuropsychological follow-up: Periodic testing to monitor cognitive function
• Pain management: Chronic headache treatment, including medications and injections
• Vestibular therapy: Ongoing balance rehabilitation
• Psychological treatment: Therapy for depression, anxiety, and adjustment
• Cognitive rehabilitation: Continued therapy for persistent deficits

Life-Care Planning

For significant concussion cases, we retain certified life-care planners who project lifetime costs for:

• Ongoing medical care and specialist visits
• Medications for headaches, mood, and sleep
• Therapy and rehabilitation
• Vocational rehabilitation if career change is needed
• Home assistance if cognitive problems affect daily living

Second Impact Syndrome Warning

Critical: A second concussion before the first has healed can cause catastrophic brain swelling (Second Impact Syndrome). This is why proper diagnosis, treatment, and return-to-activity protocols are essential. If you were returned to activity too soon and suffered a second injury, additional liability may exist.

Compensation Available in Indianapolis Concussion Cases

Economic Damages

• Medical expenses: ER, imaging, neurologists, neuropsychological testing, therapy
• Future medical care: Ongoing treatment for PCS, medications, rehabilitation
• Lost wages: Time off work during recovery
• Lost earning capacity: If cognitive problems affect your career
• Vocational rehabilitation: If you need career retraining

Non-Economic Damages

• Pain and suffering: Chronic headaches, physical discomfort
• Emotional distress: Depression, anxiety, frustration from cognitive changes
• Cognitive losses: Difficulty thinking, concentrating, remembering
• Loss of enjoyment of life: Activities limited by symptoms
• Loss of consortium: Impact on relationships

Case Values

• Concussion with full recovery (2-4 weeks): $15,000-$50,000
• Concussion with extended recovery (1-3 months): $50,000-$100,000
• Post-Concussion Syndrome (3-12 months): $100,000-$300,000
• Chronic PCS (permanent symptoms): $250,000-$750,000+
• PCS with career-ending disability: $500,000-$1,500,000+

The Legal Process for Indianapolis Concussion Claims

Indiana Law: What You Need to Know

• Statute of Limitations: Under Indiana Code § 34-11-2-4, you have 2 years from the date of injury to file suit
• Comparative Fault: Under Indiana's modified comparative fault rule (IC § 34-51-2-6), recovery is reduced by your percentage of fault if less than 51%
• Workers' Compensation: Workplace concussions are governed by IC § 22-3—special rules and potential third-party claims apply

Where Cases Are Filed

• Marion County Superior Court: For accidents in Indianapolis
• Hamilton County Superior Court: For accidents in Carmel, Fishers, Noblesville, Westfield
• Federal Court (Southern District of Indiana): For cases with out-of-state defendants

Related Injury Types

• Brain Injury
• Whiplash
• Neck Injury
• Soft Tissue Injury

Frequently Asked Questions

Related Practice Areas