Some of the most serious injuries you can suffer in an accident are traumatic brain injuries. Even supposedly mild ones, such as concussions, can leave you battling symptoms that make your life more difficult and could prevent you from going about your everyday tasks.
If you suffered a concussion and have symptoms that aren’t going away, you may be suffering from an additional complication — post-concussion syndrome.
Post-concussion syndrome (PCS) can require further medical treatment, which translates into more medical expenses and, potentially, lost wages. You may be able to pursue legal options, however.
If the accident that resulted in your injuries was the result of someone else’s negligence or misconduct, you can file a personal injury claim against them.
Getting compensation for PCS in personal injury cases in California can be complex. You will need a significant amount of evidence to demonstrate that you are still experiencing symptoms, and you’ll have to negotiate with insurance companies to get a fair settlement.
By hiring dedicated personal injury attorneys, you can increase your chances of getting the financial assistance you deserve.
At Delfino Green & Green, we can assist you as you navigate the claims process. With our decades of experience, we can fight for your rights.
Definition and Diagnosis of PCS
Post-concussion syndrome refers to experiencing a slower recovery process than usual after suffering a concussion. Usually, concussion symptoms will last a few days and sometimes even up to two weeks, but with PCS, months can go by while you deal with life-altering issues.
Although concussions are fairly common, not everyone understands that PCS can also occur. One of the problems is that PCS is usually not reported since people might not be able to afford care and will instead choose to wait out the symptoms.
Another challenge PCS poses is that it’s not easy to diagnose because medical professionals struggle to agree on diagnostic criteria. Even some basic concussion symptoms are difficult to detect.
The symptoms of PCS are generally the same as those of a concussion, except they last for an extended period. These symptoms include:
- Balance problems
- Headaches
- Vision issues
- Fatigue
- Nausea
- Coordination problems
- Trouble sleeping
- Sound sensitivity
- Light sensitivity
- Memory loss
- Anxiety
- Irritability
- Mood swings
- Depression
All traumatic brain injuries have the potential to result in post-concussion syndrome, but some people are more at risk than others. Those who have had several concussions in the past, have anxiety or other mental health concerns, or experience very serious concussion symptoms can more easily develop PCS.
There’s no official test that can confirm a concussion; therefore, it’s also impossible to test for PCS. Medical professionals will rely on more general physical and neurological exams and get accurate medical histories to know what symptoms you’ve been having.
It’s likely that you will also undergo imaging scans such as MRI and CT scans to help rule out any other causes of your symptoms. If your doctor suspects that you may have PCS, they will schedule monitoring appointments to get a sense of the severity of the symptoms and whether they’re improving or not.
Filing a Personal Injury Claim for PCS
Personal injury claims allow you to recover losses that you would not have had if the accident that led to your injuries hadn’t occurred. To file a personal injury claim, one of the first things you should do is to hire a California personal injury attorney. You shouldn’t undertake these complex cases on your own.
The difficulty in establishing a clear diagnosis is one of the reasons that having legal representation is vital.
You will be going up against insurance companies that will do everything they can to discredit your claim. They will question every symptom you have and highlight the fact that you could be experiencing these issues for reasons unrelated to the accident.
To have a chance of receiving fair compensation for PCS in personal injury cases, you need the guidance of lawyers who know what evidence can make a difference. At Delfino Green & Green, our California personal injury lawyers have expert witnesses to rely on, as well, who can provide corroborating testimony.
Negotiations are always tough, and sometimes, reaching a personal injury settlement is not possible. If that occurs, having an experienced personal injury lawyer by your side means being able to pursue a personal injury lawsuit against the defendant.
Factors Affecting PCS Settlement Value
Personal injury compensation for PCS can vary greatly, depending on several factors. The severity of your injuries will have a huge impact. If the initial injury was severe and left you with serious symptoms, the medical bills will be much higher.
You could require rehabilitation services, long-term nursing care, and home and vehicle adjustments, and you shouldn’t have to pay these out of your own pocket.
How long symptoms last and whether you will fully recover from them is something that will be considered in the settlement amount, too.
Some people with PCS struggle with their vision, which could leave them disabled for months or even forever. That could make it impossible to work, leading to lost earnings and the inability to support yourself while simultaneously meaning future medical expenses.
Financial losses aren’t the only ones you can suffer, though. Pain, suffering, and loss of enjoyment of life all come into play in a California personal injury case. These losses refer to the emotional and physical distress the injured party experiences because of the accident.
Another vital factor impacting compensation for personal injury claims is liability. If the defendant was fully at fault for the accident, the settlement amount can be larger than if you hold some fault. The stronger the evidence against the defendant is, the easier it can be to fight for fair personal injury claim compensation.
Calculating PCS Settlement Value
To calculate the appropriate settlement amount for your claim, your personal injury attorneys will first look at the financial losses you sustained. Economic damages include all medical expenses, such as hospital bills and medication costs, as well as lost wages.
These lost wages don’t just mean your salary. If you missed out on commissions, promotions, or other benefits you would have otherwise received, you can claim those as well.
In the worst cases involving concussions and PCS, the plaintiff doesn’t survive the injuries. If that’s what occurs, it’s possible to file a wrongful death claim and receive damages for funerary expenses and for the financial impact that the person’s death has on their family.
Your attorney will also fight for non-economic damages. These compensatory damages allow you to receive financial help for the emotional and physical distress you’ve been under.
Protecting Your Rights in a Personal Injury Case
As you begin the legal process to recover damages after experiencing brain injuries that led to the development of post-concussion syndrome, the most important way to protect your personal injury claim is to get an attorney, but there are other things you can do to help your case.
Keep All Medical Records
You’ll need to have as much evidence as possible that shows the injury occurred because of the other party’s negligence. Keeping clear records that show a direct line from the accident to the symptoms you’re still dealing with can help establish causation, which is a key part of personal injury law.
Save All Bills
Save every single expense you sustain because of the accident. If going to the hospital means paying a parking fee, keep those receipts. Having as many of these bills as possible can help your lawyer present a clear idea of your financial losses.
Complete All Medical Care
Do everything your healthcare providers tell you to do as you recover. Not following exact treatments can give insurance companies a reason to dispute the seriousness of the symptoms. They could even accuse you of malingering.
Don’t Negotiate Without Representation
Negotiating without having a lawyer present can put you at risk of getting a lower settlement amount than you deserve. Insurance companies often count on you needing financial help and will make low offers that you will be tempted to accept.
If you have a lawyer, they can fight to get you more money because they will have a better sense of what your claim is worth.
Choosing Trusted Personal Injury Lawyers for Your PCS Case
After an accident that results in such serious injuries as concussions, you may struggle to receive the assistance you need and deserve. Medical bills may be piling up, and your injuries could make returning to work impossible. If someone else’s negligence or wrongful conduct resulted in the suffering you’re experiencing, it’s possible to hold them accountable.
At Delfino Green & Green, our team of personal injury attorneys has been helping people throughout California for decades. We know the strain you’re under, and we will do everything possible to help you receive the compensation you deserve for personal injury claims.
Don’t wait to get guidance on your claim. Contact our team of attorneys to schedule a free consultation.