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 caused by a knock or sudden jolt to the head in a road accident.
It usually improves within weeks. It can still support a genuine road accident claim, especially where headaches, dizziness or memory trouble last longer than expected.
What does concussion involve?
A concussion temporarily disrupts how the brain works, often with no visible damage on a scan. Common symptoms are headache, dizziness, sensitivity to light or noise, and memory or concentration problems.
Loss of consciousness is not needed for a diagnosis.
How does it affect daily life and work?
Screens, bright lights and noise often make symptoms worse in the days after the injury. Work that needs concentration, studying or driving can become harder, even when the person looks physically fine.
Most people need rest and a gradual return to normal activity. Pushing back too soon can slow recovery.
What evidence does a concussion claim need?
A doctor’s assessment soon after the accident is the starting point. It should note the symptoms and how the head was injured.
If symptoms last beyond the first few weeks, see a neurologist and get a fuller specialist medical report.
A simple symptom diary of headaches, memory lapses and missed work helps a doctor track your recovery.
How does concussion factor 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 ongoing treatment are claimed in the same case. How compensation is worked out explains this in full.
If symptoms last for months, the claim should be assessed as seriously as a traumatic brain injury, not dismissed as a minor bump.
What is the recovery like?
Most concussions resolve within a few weeks. A smaller number of people have symptoms for months, sometimes called post-concussion syndrome, and need ongoing specialist care.
What to do next
See a doctor even if you feel able to carry on. Avoid driving or heavy exertion until you have been assessed.
The general deadline for this type of claim is six years from the accident in Peninsular Malaysia.[2] If symptoms are affecting your work, an independent lawyer can take the claim on for you.
Do you need a lawyer covers what to consider if symptoms are affecting your ability to work.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
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)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.