By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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How doctors tell a concussion from a more serious TBI
The CDC defines a traumatic brain injury as “an injury that affects how the brain works” (CDC). Doctors then sort TBIs by severity. One common tool in the emergency room is the Glasgow Coma Scale, which scores eye opening, speech and movement from 3 to 15. A score of 13 to 15 is labeled mild, 9 to 12 moderate and 3 to 8 severe, according to the National Library of Medicine’s StatPearls reference.
A concussion sits in that mild group. The label describes how the brain was working in the first hours, when the score was taken. StatPearls notes that the same total can reflect different conditions and that the scale is a limited predictor of long-term outcome. The National Institute of Neurological Disorders and Stroke has said it wants classification to go beyond the current mild, moderate and severe labels.
What “mild” means in a medical chart
According to the CDC, providers call these injuries mild “because they are usually not life-threatening.” The same page adds: “Even so, the effects of a mild TBI or concussion can be serious.” People with repeated mild TBIs may have a longer recovery or more severe symptoms, and some have lasting trouble with concentration, memory, headaches or balance.
NINDS says most people recover fully from a first concussion within a few weeks, and that a concussion “could take minutes to several months to heal.” Recovery from a second or third concussion is generally slower. Symptoms that last weeks or longer are called post-concussion syndrome. NINDS also notes that older adults are more likely than younger adults with the same injury to have lasting symptoms.
Symptoms the CDC lists
The CDC’s HEADS UP program groups concussion symptoms into four kinds (CDC HEADS UP):
| Kind | Examples |
|---|---|
| Physical | Headaches, dizziness or balance problems, sensitivity to light or noise, vision problems, feeling tired, nausea early on |
| Thinking and memory | Trouble concentrating, feeling slowed down, foggy or groggy, memory problems, trouble thinking clearly |
| Emotional | Irritability, anxiety or nervousness, sadness, feeling more emotional |
| Sleep | Sleeping more or less than usual, trouble falling asleep |
The CDC says these signs may take hours or days to appear or be noticed. Some signs mean emergency care is needed right away, such as a headache that gets worse and does not go away, repeated vomiting, slurred speech or a seizure. Our page on head injury danger signs lists them all. This page is general information and cannot diagnose you; a doctor has to examine you.
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Youth sports concussion laws in California, Texas and Washington
All three states have laws that take a young athlete out of play after a suspected concussion. The details differ.
| California | Texas | Washington | |
|---|---|---|---|
| Who is covered | School athletic programs, public and private (Educ. Code § 49475) | Students in school athletics (Educ. Code § 38.156) | Youth athletes (RCW 28A.600.190) |
| When removed | Immediately, for the rest of the day | Immediately, if a coach, physician, nurse, parent or other listed person believes a concussion may have happened | At that time, during the practice or game |
| Return to play | Written clearance from a licensed health care provider trained in concussion; if confirmed, a graduated protocol of at least seven days | Completed return-to-play protocol, a treating physician’s written statement and signed parent consent; a coach may not authorize return (§ 38.157) | Evaluation by a licensed health care provider trained in concussion and written clearance |
These laws set rules for schools and youth programs. If a coach or program ignored them and a child was hurt again, a lawyer can look at whether that failure supports a claim under the facts and the state’s law.
How the law treats a concussion in an injury claim
A concussion caused by someone else’s carelessness is compensated under the same jury instructions as other injuries. California’s jury instructions list physical pain, mental suffering, loss of enjoyment of life and physical impairment among the noneconomic losses a jury may award, with no fixed standard for the amount (CACI No. 3905A). If you were more vulnerable than most people, for example because of an earlier concussion, CACI No. 3928 tells the jury to compensate you fully even if a healthy person would not have been hurt the same way.
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. For a concussion from a car or truck crash, our page on concussion or brain injury after a crash covers insurance and first steps.
What this means for your case
Call it what your doctor calls it. If the record says concussion, the injury still counts as a TBI, and an insurer’s use of the word “mild” does not limit what you can claim. Get checked, keep your follow-up visits and write down symptoms as they come and go. To see how these claims are valued and contested, read our page on mild traumatic brain injury claims and how to prove a TBI. The California TBI guide covers deadlines and damages in more depth, and our injury FAQs answer related questions.
Common questions
Is a concussion the same as a mild traumatic brain injury?
Medical sources use the terms together. NINDS calls a concussion a type of mild TBI, and the CDC discusses them as one group of injuries.
What signs might a parent notice in a school-age child?
The CDC lists appearing dazed or confused about recent events, sudden trouble remembering or concentrating, answering questions more slowly, clumsiness, vomiting soon after the injury, slowed reactions and changes in mood or behavior.
How long does a concussion take to heal?
NINDS says most people recover fully from a first concussion within a few weeks, though healing can take minutes to several months. Repeat concussions generally heal more slowly.
Will a concussion show up on a CT scan?
Often it does not. The CDC says a brain scan is not required to identify a mild TBI or concussion, and that scans are still used when a patient is at risk of bleeding in the brain.
Does "mild" on my records lower my claim?
The label describes the first hours after the injury. A claim is measured by what the injury cost you and how it changed your life, proven with medical records and testimony. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win.
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Related pages
Sources
- NIH/NINDS, Traumatic Brain Injury (ninds.nih.gov)
- CDC, Traumatic Brain Injury & Concussion (home page and definition) (cdc.gov)
- CDC, About Mild TBI and Concussion (cdc.gov)
- CDC HEADS UP, Signs and Symptoms of Concussion (cdc.gov)
- Munakomi S, et al., Glasgow Coma Scale, StatPearls (National Library of Medicine) (ncbi.nlm.nih.gov)
- Cal. Education Code § 49475 (school athletes) (leginfo.legislature.ca.gov)
- Tex. Education Code §§ 38.156, 38.157 (removal and return to play) (statutes.capitol.texas.gov)
- RCW 28A.600.190 (youth sports concussions) (app.leg.wa.gov)
- Judicial Council of California Civil Jury Instructions (CACI Nos. 3905A, 3928) (courts.ca.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.