Concussions are fairly common, and for many people, they heal quickly. However, for a minority of people, the symptoms of a concussion last for months or even years after the initial event. If you suffer from post-concussion syndrome, you might have trouble handling even daily tasks.
You may find yourself unable to work or drive a car. Your financial, mental, and physical health may suffer. If that happens to you, you deserve compensation to offset the medical bills and other costs associated with your injury, as well as emotional and intangible damages.
If you’ve suffered post-concussion syndrome, Delfino Green & Green may be able to help. Get in touch with us to schedule a free consultation today.
Understanding Post-Concussion Syndrome (PCS)
A concussion is a kind of mild traumatic brain injury (TBI). Typically, it resolves within a week or two. Concussion symptoms don’t impact your quality of life to the same extent that symptoms of a major TBI would. However, the physical, mental, and even behavioral consequences of a concussion can be disruptive and include:
- Headaches, nausea, and fatigue
- Issues with vision and balance
- Sensitivity to light or sound
- Memory loss
- Slower thinking, trouble concentrating, or a feeling of mental “fog”
The symptoms of concussions can vary dramatically from person to person, and it’s always important to seek medical attention immediately after a serious blow to the head. Concussions and more severe TBIs are common in motorcycle injury victims.
Your doctor will be able to give you an estimated timeline for when the symptoms of your concussion should resolve. If they persist beyond that date — and especially if they get worse — you should immediately consult with your doctor. You may have post-concussion syndrome (PCS), a complication of a concussion where symptoms last for an extended period of time.
Post-concussion syndrome symptoms are essentially the same as concussion symptoms — they just last longer. Doctors don’t know exactly what causes PCS, but it’s generally thought that having a history of multiple concussions increases your risk.
Steps to Prove PCS in a Personal Injury Claim
Some injuries are easier to prove than others. Unfortunately, PCS is one of the harder injuries to prove. That’s because there aren’t clear-cut diagnostic criteria for it and because it isn’t an injury you can see from the outside. However, you and your legal team might choose to go through several steps to start building a case:
Keep a Journal of Your Symptoms
Whether you are trying to negotiate a motorcycle injury claim with the insurance company or defending your case in court, it’s critically important to prove that your injuries cause significant impairment.
One way to do that is to keep a daily journal of how your injury impacts your life. For instance, you might note that your trouble focusing makes it impossible to do your job and that constant nausea makes it close to impossible to do even basic daily tasks.
When deciding on car or motorcycle accident compensation, a judge is likely to appreciate having a detailed log to review.
Keep Track of Medical Records and Bills
Having a clear record of your medical treatment is important, especially when you have an “invisible” injury like a concussion or post-concussion syndrome. Make sure you keep copies of all medical records and bills in multiple locations. It can be helpful to organize them in chronological order so it’s easy to follow the progression of your condition.
Of course, maintaining medical bills is important in all personal injury cases. Your lawyer will likely argue that you should be reimbursed for what you spent on medical care as an absolute minimum.
Seek Out Expert Testimony
Your legal team will also likely try to gather statements from your medical team or ask key physicians to testify if your case goes to court. However, they might also seek out the opinions of medical experts who focus on concussions or post-concussion syndrome. Because there’s some disagreement among physicians as to what constitutes post-concussion syndrome, getting the opinion of an expert can be invaluable to your case.
Seek Out Witness Statements or Other Incident Records
It isn’t always possible for your attorneys to obtain video footage of the incident that caused your injury. However, your legal team will likely try to paint as complete a picture of the incident as possible.
If you suffered a concussion during a car accident, the law firm representing you will obtain a copy of the police report. They also may attempt to track down any witnesses. Witness testimony can be very helpful in determining fault, especially if there’s no video evidence of the accident itself.
Factors That Affect the Value of a Post-Concussion Syndrome Settlement
Many clients who come to us understandably want to know what kind of settlement value they can expect. Unfortunately, because so many factors go into the valuation of a case, there is no “average” PCS settlement amount or a clear-cut formula to calculate a case value. However, there are several different factors that can affect your post-concussion syndrome settlement value:
The Severity of the Injury
If someone’s negligence causes an accident but you suffer no serious injuries, you’re unlikely to find a personal injury lawyer who will take your case. That’s because your attorney must prove that you have actual losses suffered as a result of the injury in order to recover a settlement.
As you might imagine, more severe injuries lead to greater losses in more ways than one. You’ll likely have higher medical bills, be unable to work for a longer period of time, and need more intensive rehabilitation for a severe injury. A bad injury also is more likely to cause you greater pain and suffering and emotional distress.
If you’ve been hurt and don’t know what to do after a motorcycle accident or car accident, always remember to seek medical care immediately. If you don’t, the other side can argue your injuries aren’t serious.
Your Earning Capacity and the Injury’s Impact on Your Work
When most people think of receiving financial compensation for an injury, they immediately think of reimbursement for two things: medical expenses and lost wages. While healthcare costs for the same injury are more or less the same from person to person, the value of lost wages can vary considerably.
For example, imagine you have a very specialized engineering job that few people know how to perform. As a result, you earn a very high salary. In this situation, your compensation for lost wages would generally be greater than if you worked a minimum-wage job.
The Degree of Responsibility of the At-Fault Party
Sometimes, judges will award higher damages if the at-fault party was extremely negligent and, therefore, responsible for a large proportion of the accident.
For example, if you suffer a concussion in an auto accident caused by someone who was under the influence of multiple drugs, texting while driving, and driving on a revoked license, a judge might determine that the at-fault driver’s conduct was entirely the cause of the accident and award you more damages.
Keep in mind that the factors listed here are just general guidelines. The only way to get an accurate idea of your case’s worth is to consult with an experienced personal injury attorney.
Legal Strategies for Proving PCS
Whether you’re negotiating or going to trial, an insurance company will almost certainly try to minimize your injury or say it didn’t happen at all. As you saw above, proving causation is important, but so is proving that you have the injury you say you do. Your lawyer might use one or more of these strategies to prove you have PCS:
- Presenting CT scans or other brain imaging tests that show trauma
- Obtaining a detailed treatment plan from your doctor
- Asking an expert on PCS to offer their opinion of your injury
- Presenting a detailed timeline of your injury, necessary medical care, and the symptoms you’ve suffered
Of course, every case is unique. When you set up a consultation with a brain injury lawyer, they can discuss your case with you and develop a plan for proving that you do have post-concussion syndrome.
Talk to an Experienced Personal Injury Lawyer Today
No personal injury lawsuit is simple. However, because post-concussion syndrome is so challenging to diagnose, filing a personal injury claim based on it can be difficult. That doesn’t mean it can’t be done.
If you suffered a head injury caused by someone else’s negligence and the recovery period is taking much longer than it should, give us a call or get in touch online to book your free consultation with us.