Making a concussion claim
You were told it is only a concussion, but the headaches and fog have not lifted.
Concussion is a mild traumatic brain injury. It is caused by a knock or sudden jolt to the head during a road accident.
It usually improves within weeks. It can still support a genuine road accident claim, particularly where headaches, dizziness, or memory trouble continue longer than expected.
This page explains what concussion involves, the evidence it needs, and when it should be treated as more than a mild injury.
What concussion actually involves
A concussion temporarily disrupts how the brain functions, often without any visible damage on a scan. Common symptoms include headache, dizziness, sensitivity to light or noise, and short-term memory or concentration problems.
Loss of consciousness is not required for a diagnosis. Many concussions happen without it.
How it affects daily life and work
Screen use, bright lights, and noisy environments often make symptoms worse in the days after the injury. Concentration-heavy work, studying, or driving can all become harder than usual.
This is true even when the person looks physically fine. Most people need some rest and a gradual return to normal activity.
Pushing back too soon can slow recovery.
The evidence a concussion claim needs
A doctor’s assessment soon after the accident forms the starting point. It should note the symptoms and how the head was injured.
If symptoms last beyond the first few weeks, referral to a neurologist becomes important. A fuller specialist medical report should follow.
A simple symptom diary, noting headaches, memory lapses, or missed work, can help a doctor track whether recovery is on the expected path.
How concussion factors into your claim
General damages for the injury are assessed against a published compendium of injury awards, together with the medical evidence.[1] More weight is given where symptoms last longer than the usual short recovery.
Time off work, transport to appointments, and any ongoing treatment are claimed as part of the same case. How compensation is worked out explains this in full.
Where symptoms persist for months rather than weeks, this should be treated with the same seriousness as a traumatic brain injury assessment. It should not be dismissed as a minor bump.
Recovery and what to expect
Most concussions resolve within a few weeks with rest and a gradual return to normal activity. A smaller number of people have symptoms that last for months, sometimes called post-concussion syndrome.
This group needs ongoing specialist input rather than reassurance alone.
What to do next
See a doctor even if you feel able to continue your day. Avoid driving or heavy exertion until you have been assessed.
The general deadline for this type of claim is six years from the accident.[2] There is no need to decide anything before your recovery is clear.
Do you need a lawyer covers what to consider if symptoms are affecting your ability to work.
Common questions
Do I need to have lost consciousness for a concussion claim?
No. Many concussions happen without any loss of consciousness, and a diagnosis is based on symptoms such as headache, dizziness, or confusion following a blow or jolt to the head. What matters for a claim is the medical assessment and how the symptoms developed.
How long should concussion symptoms last before I worry?
Most concussions improve within a few weeks. If headaches, dizziness, or memory problems continue beyond that, it is worth returning to a doctor and considering referral to a neurologist, since prolonged symptoms are assessed more seriously in a claim.
Can concussion affect my ability to work even without a visible injury?
Yes. Concentration, memory, and tolerance for noise or screens can all be affected, even when there is no outward sign of injury. A doctor's notes on these effects, and any missed work, support this part of the claim.
Is concussion treated differently from a more serious brain injury in a claim?
Generally yes, since most concussions resolve fully within weeks. Where symptoms last for months, the claim may be assessed closer to a traumatic brain injury, based on the medical evidence rather than the original label given at the scene.
Sources
- Malaysian Bar Circular No. 255/2018 (Revised Compendium of Personal Injury Awards 2018) (accessed 2026-09-22)
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)