Post-Concussion Syndrome Settlement: Asserting Your Legal Rights

post concussion syndrome settlement

If you’ve been involved in an accident and are experiencing lingering symptoms such as headaches, dizziness, or cognitive difficulties, you may be suffering from post-concussion syndrome (PCS). In such cases, seeking legal guidance can be crucial in navigating the complexities of post-concussion syndrome settlements and ensuring you receive fair compensation for your injuries.

What Is Post-Concussion Syndrome?

Post-concussion syndrome is a condition that affects individuals who have experienced a traumatic brain injury, such as a concussion. While most people recover from concussions within a few weeks, some individuals continue to experience symptoms for an extended period, sometimes even months or years after the initial injury.

Signs and Symptoms of Post-Concussion Syndrome

Recognizing the signs and symptoms of PCS is crucial for obtaining proper medical treatment and legal assistance. While the presentation of PCS can vary from person to person, common concussion symptoms include:

  • Persistent headaches

  • Dizziness or vertigo

  • Fatigue or lethargy

  • Memory problems

  • Difficulty concentrating

  • Irritability or mood swings

  • Sensitivity to light or noise

  • Sleep disturbances

  • Anxiety or depression

Common Causes of Post-Concussion Syndrome

Post-concussion syndrome can occur following any event that results in a concussion or mild TBI. Some common causes include:

  • Car accidents

  • Falls

  • Sports-related injuries

  • Assaults or physical altercations

  • Workplace accidents

How Long Does Post-Concussion Syndrome Last After a Car Accident?

The duration of post-concussion syndrome symptoms can vary from person to person and depends on factors such as the severity of the injury and the individual’s overall health. In the case of a car accident, symptoms may persist for weeks, months, or even longer, especially if the concussion was severe or if the individual has pre-existing medical conditions.

How Much Compensation Will I Get For a Post-Concussion Case?

Typically, the average settlement value for a personal injury lawsuit linked to a concussion falls within the range of $20,000 to $80,000. However, cases involving more severe concussion injuries, particularly those with ongoing complications, often result in higher average settlement amounts, reaching $125,000 or beyond. To ensure you receive fair compensation, it’s essential to consult with an experienced personal injury lawyer who can assess your case and advocate on your behalf.

Factors That Affect Post-Concussion Settlement Amounts

Several factors can influence the amount of compensation awarded in a post-concussion syndrome settlement. These may include:

  1. Severity of Injuries: The more severe your symptoms and the longer they persist, the higher the potential settlement amount.

  2. Medical Expenses: The cost of medical bills, including hospital visits, diagnostic tests, and rehabilitation, will be factored into the settlement amount.

  3. Lost Wages: If your injuries have prevented you from working or have resulted in a loss of income, you may be entitled to compensation for lost wages.

  4. Pain and Suffering: Compensation may be awarded for the physical pain and emotional distress caused by the concussion and its effects on your daily life.

  5. Negligence of the At-Fault Party: If another party’s negligence or recklessness caused the accident that led to your concussion, they may be held liable for your head injuries and the resulting damages.

How to Calculate the Value of Your Post-Concussion Syndrome Damages

Calculating the value of your post-concussion syndrome damages requires a thorough assessment of the various losses you have incurred as a result of the injury. This may include:

  • Medical expenses, including past and future treatment costs

  • Lost wages and diminished earning capacity

  • Pain and suffering, both physical and emotional

  • Any permanent disability or impairment resulting from the concussion

  • Other out-of-pocket expenses related to the injury, such as transportation costs or home modifications

An experienced personal injury attorney can help you gather the necessary evidence and documentation to support your claim and ensure you receive fair compensation for your damages.

Can You Sue For a Concussion?

Yes, you can sue for a concussion if it was caused by the negligence or wrongful actions of another party. There have been numerous settlements and verdicts awarded in personal injury cases involving concussions, with compensation amounts varying depending on the specific circumstances of each case.

Examples of Settlements and Verdicts in Post-Concussion Syndrome Cases

Post-concussion syndrome cases can result in a wide range of settlements and verdicts, depending on various factors such as the severity of the injury, the impact on the victim’s life, and the effectiveness of legal representation. Here are a few examples that illustrate the diverse outcomes seen in such cases:

  1. Rear-end Collision Settlement: Following a rear-end collision, the victim experienced a concussion and subsequent post-concussion syndrome. Despite initial offers falling short, a settlement of $75,000 was reached to cover medical expenses and lost wages.

  2. Slip and Fall Verdict: In a slip and fall incident at a supermarket, an individual sustained a concussion leading to persistent symptoms affecting their ability to work. A jury awarded $150,000, encompassing medical costs, lost income, and pain and suffering.

  3. Bus Accident Settlement: Traumatic brain injury and post-concussion syndrome arose from a bus accident. Despite resistance, a settlement of $250,000 was secured to address ongoing medical needs and reduced quality of life.

  4. Pedestrian Hit by Drunk Driver: Severe concussion and PCS necessitated surgery and rehabilitation following a pedestrian accident. Through negotiation, a settlement of $200,000 was obtained to cover medical expenses and lost wages.

Why Do Post-Concussion Settlements Vary?

Post-concussion settlements vary due to the unique circumstances of each case. Factors such as the serious injury, the impact on the individual’s life, and the strength of the legal representation all play a role in determining the final settlement amount.

How an Attorney Can Help You with Your Post-Concussion Syndrome Settlement

Dealing with the aftermath of a concussion and subsequent post-concussion syndrome (PCS) can be overwhelming, both physically and emotionally. However, enlisting the support of an experienced personal injury attorney can significantly alleviate the burden and improve your chances of obtaining fair compensation for your damages.

  1. Legal Advocacy: Attorneys serve as dedicated advocates for your rights, leveraging their specialized knowledge of personal injury law to steer complex legal procedures and fight for the compensation you deserve.

  2. Investigation: They conduct thorough investigations to gather evidence from medical records, accident reports, and witnesses to establish liability and damages.

  3. Establishing Liability: Attorneys work to prove that another party’s negligence caused your injury, such as in a car accident or slip and fall.

  4. Negotiation: They negotiate with an insurance company and defense attorneys to maximize your settlement offer and ensure fair compensation.

  5. Managing Communication: Attorneys handle all communication with insurance adjusters and legal representatives, relieving you of stress.

  6. Valuing Your Claim: They assess the full extent of your damages, including medical expenses, lost wages, and pain and suffering, to determine the value of your claim.

  7. Court Representation: If necessary, they represent you in court, presenting your case persuasively to seek maximum compensation.

  8. Providing Support: Attorneys offer ongoing support and guidance, understanding the emotional toll of dealing with a post-concussion syndrome injury.

post concussion syndrome settlement

Pursue Your Post-Concussion Settlement with BLG

In conclusion, if you or a loved one is suffering from post-concussion syndrome due to the negligence of another party, it’s essential to seek legal guidance from an experienced personal injury attorney. They can help you understand your rights, navigate the legal process, and fight for the fair compensation you deserve. Remember, you don’t have to face this challenge alone. Reach out for a free consultation today to explore your options and take the first step towards justice and recovery.

If you’re ready to pursue the compensation you deserve for your post-concussion syndrome case, don’t wait any longer. Our dedicated team at BLG is here to support you every step of the way.

Schedule your free consultation now.

FAQs

Is post concussion syndrome considered traumatic brain injuries?

Yes, post-concussion syndrome (PCS) is considered a type of brain injury resulting from a concussion or mild traumatic brain injury (TBI).

Can you fully recover from post concussion syndrome?

While many individuals fully recover from PCS within a few weeks to months, some may experience symptoms for a longer duration or indefinitely. Complete recovery varies depending on the severity of the head injury and individual factors.

What is the longest post-concussion syndrome can last?

Post-concussion syndrome can last for months or even years in some cases. There is no specific limit to how long PCS can persist, as it varies greatly among individuals.

Should I work with post-concussion syndrome?

Whether you should work with post-concussion syndrome depends on the severity of your symptoms, your ability to perform job duties safely, and your healthcare provider’s recommendations. In some cases, adjustments to workload or accommodations may be necessary to facilitate recovery. Consulting with a healthcare professional is essential to determine the best course of action.

Related Posts

Free Case Evaluation

The evaluation is FREE! You do not have to pay anything to have an attorney evaluate your case.