What Happens if My Child Suffers a Concussion Because of Someone Else’s Negligence?

Few phone calls are more frightening than hearing your child has suffered a head injury. Whether it happened at school, on a playground, during sports, at daycare, or in a car accident, a concussion can leave parents with more questions than answers. Will my child recover completely? Could there be long-term effects? How did this happen? Was it preventable?

If your child suffers a concussion because of someone else’s negligence, understanding your legal rights can be just as important as understanding the medical diagnosis. While many children recover fully with proper care, some experience symptoms that last for weeks, months, or even longer. When the injury could have been prevented, families deserve answers.

What Is a Concussion?

A concussion is a type of traumatic brain injury caused by a blow to the head or a forceful movement that causes the brain to move inside the skull. Although many people think of concussions as “minor” head injuries, they should always be taken seriously.

Children may not always recognize or communicate their symptoms right away. In some cases, signs of a concussion develop gradually over the hours or days following the accident.

Common symptoms include headaches, dizziness, nausea, confusion, sensitivity to light or noise, difficulty concentrating, memory problems, fatigue, mood changes, and trouble sleeping.

Because every child’s brain is still developing, prompt medical evaluation is essential after any significant head injury.

How Do Childhood Concussions Happen?

Children can suffer concussions in many different situations. Some are unavoidable accidents, while others may result from negligence.

Examples include injuries caused by:

• Poor supervision at school or daycare
• Unsafe playground equipment
• Car accidents caused by negligent drivers
• Dangerous property conditions
• Defective products
• School sports or youth athletic programs where concussion protocols were ignored

Not every concussion leads to a legal claim. However, if another person or organization failed to act with reasonable care, the injury may warrant further investigation.

When Could Someone Else Be Legally Responsible?

Negligence simply means someone failed to use reasonable care under the circumstances.

Depending on what happened, responsibility may fall on:

• A school or daycare
• A property owner
• A negligent driver
• A sports organization
• A coach or supervisor
• A manufacturer of defective equipment
• Another individual or business

Determining liability requires looking beyond the injury itself. Investigators often examine maintenance records, supervision policies, witness statements, incident reports, photographs, surveillance footage, and medical records to understand how the concussion occurred.

An experienced Massachusetts Child Injury Lawyer can evaluate the circumstances and explain whether negligence may have contributed to your child’s injury.

Why Concussions Should Never Be Ignored

One of the challenges with concussions is that symptoms do not always appear immediately.

A child may initially seem alert and active before later developing headaches, difficulty concentrating, balance problems, memory issues, or behavioral changes.

Some children recover quickly. Others experience what doctors refer to as post-concussion syndrome, where symptoms continue for weeks or months.

Because brain injuries can affect learning, behavior, and emotional well-being, parents should carefully follow medical recommendations and attend all follow-up appointments.

Ignoring symptoms or returning to sports or physical activities too soon can increase the risk of additional injury.

The Centers for Disease Control and Prevention (CDC) provides excellent information for parents about recognizing concussion symptoms and supporting a child’s recovery.

https://www.cdc.gov/heads-up/index.html

What Should Parents Do After a Concussion?

Your first priority should always be your child’s health.

After receiving medical care, there are several steps that can also help protect your family’s legal rights if negligence may have played a role.

Keep copies of all medical records and bills.

Request any accident or incident reports.

Photograph visible injuries if appropriate.

Save emails, text messages, and communication with schools, daycare providers, coaches, or insurance companies.

Write down your child’s symptoms as they develop, including missed school, medical appointments, headaches, sleep changes, and behavioral concerns.

These records can become valuable if questions about liability arise later.

What If the Injury Happened at School?

Schools have a responsibility to provide a reasonably safe environment for students.

If your child’s concussion occurred because of unsafe playground equipment, poor supervision, hazardous property conditions, or another preventable situation, additional investigation may be appropriate.

Our article Do I Need a Lawyer if My Child Was Injured at School? explains some of the factors parents should consider after a serious school injury.

What If the Concussion Happened During Sports?

Sports naturally involve physical activity, but coaches, schools, and athletic organizations still have responsibilities.

Ignoring concussion symptoms, allowing an athlete to return to play too soon, failing to follow established concussion protocols, or providing inadequate supervision may increase the risk of serious injury.

Each case depends on its specific facts, and determining whether negligence occurred often requires a careful review of what happened before, during, and after the injury.

When Should You Speak With a Lawyer?

Parents often worry that contacting a lawyer means filing a lawsuit.

That is not necessarily true.

An initial consultation simply gives you the opportunity to understand your rights and determine whether further investigation makes sense.

It may be appropriate to speak with an attorney if:

• Your child suffered a serious concussion or traumatic brain injury.
• Medical treatment is ongoing.
• The injury happened because of unsafe conditions or inadequate supervision.
• Someone ignored concussion protocols.
• The injury has affected your child’s education or daily life.
• You believe the concussion could have been prevented.

Even if you are unsure whether negligence occurred, speaking with an attorney can help you understand your options.

Frequently Asked Questions

Can a concussion be considered a serious injury?

Yes. Although many children recover fully, concussions are traumatic brain injuries that should always be evaluated by a medical professional.

Can I sue if my child suffered a concussion at school?

Possibly. If negligence contributed to the injury, your family may have legal options. Every case depends on its facts.

What evidence should I keep?

Save medical records, incident reports, photographs, witness information, school communications, insurance correspondence, and documentation of your child’s symptoms and recovery.

What if symptoms appear days later?

Delayed symptoms are common after concussions. Continue following your doctor’s instructions and seek additional medical care if symptoms worsen.

How long do I have to file a claim?

Massachusetts law establishes deadlines for personal injury claims, but those deadlines can vary depending on the circumstances. Speaking with an attorney promptly helps protect your rights.

Helping Families Move Forward

A concussion may heal within weeks, or it may affect a child’s education, daily activities, and quality of life for much longer.

When someone else’s negligence may have caused that injury, parents deserve the opportunity to understand what happened and whether legal action is appropriate.

For more than 50 years, Swartz & Swartz has represented injured children and families throughout Massachusetts. We understand the challenges families face after a serious injury and are committed to helping clients seek answers, accountability, and the compensation they deserve.

If your child has suffered a concussion because of someone else’s negligence, our attorneys are available to discuss your situation and explain your legal options during a free consultation.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.