Can You Sue for Post-Concussion Syndrome?
Post-concussion syndrome occurs when mild traumatic brain injury symptoms last longer than expected. It can cause dizziness, headaches, and problems with memory and concentration. If you suffer from post-concussion syndrome, Cordisco & Saile LLC’s skilled Pennsylvania brain injury lawyers can help you sue the negligent parties. If your lawsuit is successful, you will recover financial compensation for your injuries and other losses, including medical bills and lost wages.
You can sue for post-concussion syndrome if you can establish that someone else’s negligence caused the condition. You can recover financial compensation for all losses incurred due to your condition, post-concussions settlements include medical fees and lost wages.
If you or a loved one have post-concussion syndrome, contact Cordisco & Saile LLC. Our trusted Pennsylvania brian injury lawyers will analyze your case to determine whether you can file a lawsuit against the negligent parties. If you are eligible, we will help you gather and preserve evidence, file paperwork, negotiate with the opposing side’s lawyers, and advocate for your interests in court.
What Is Post-Concussion Syndrome?
Also known as persistent post-concussive symptoms, post-concussion syndrome happens after you sustain a concussion. A concussion is a mild traumatic brain injury that disrupts normal brain function. It typically results from blunt force trauma causing a blow, bump, or jolt to the head.
What is the difference between a contusion and a concussion? A concussion should not be confused with a contusion, which is a bruise affecting a localized area of the brain. A concussion, instead, involves a wider area of the brain.
Post-concussion syndrome involves persistent concussion symptoms that last longer than expected. Concussion symptoms usually appear within seven to 10 days of an accident and include:
- Problems with memory and concentration
- Vision problems
- Loss of memory and concentration
- Ringing in the ears
- Light and noise sensitivity
Concussion symptoms generally resolve within three months. However, they sometimes last for a year or more. Those persistent symptoms are indicative of post-concussion syndrome.
Post-concussion syndrome symptoms can result from car accidents, slip-and-fall accidents, contact sports, or violent body and head movements. You do not have to lose consciousness to experience post-concussion syndrome.
Is Post-Concussion Syndrome Permanent?
Post-concussion syndrome symptoms can last for over a year. See a health care provider if you experience a head injury that causes memory loss or confusion.
How Do You Prove Liability for Post-Concussion Syndrome?
You prove liability for post-concussion syndrome by demonstrating that the other party or parties were negligent, causing your accident and condition. You must establish each of the following elements to prove negligence:
- The at-fault party had a duty of care to prevent you from harm and violated that duty. For instance, drivers in Pennsylvania have a duty of care to follow the rules of the road when they get behind the wheel of an automobile. If they violate these rules, they have violated their duty of care toward other drivers and pedestrians. For example, suppose a driver caused an accident by driving under the influence. Because driving under the influence is against the rules of the road, the driver has violated their duty of care toward you and other people sharing the road.
- The at-fault party’s careless actions caused your post-concussion syndrome. You must establish that the at-fault party’s failure to meet their duty of care caused the chain of events leading to your post-concussion syndrome. You must show how the responsible party’s actions resulted in the accident and how that accident caused your condition.
- Your injury caused economic and non-economic losses. You must establish that you suffered losses like medical expenses, lost wages, lost earning potential, pain and suffering, emotional distress, and loss of quality of life. You must show that the losses would not have happened but for the accident.
Cordisco & Saile’s experienced Pennsylvania personal injury lawyers can help you prove these elements. Book a free consultation to learn more.
What Kind of Compensation Can I Get for Post-concussion Syndrome?
If your lawsuit is successful, you can receive three types of compensation for post-concussion syndrome.
Economic damages compensate for objectively verifiable financial losses you have experienced and will incur due to post-concussion syndrome. Examples include compensation for the following:
- Medical bills: You may face costs for surgeries, hospitalizations, medications, and mental health counseling.
- Lost wages: You may be unable to work due to post-concussion syndrome. You may have to take sick leave or leave your job entirely, depending on your condition.
- Lost earning capacity: Concussion symptoms usually resolve after a few months. However, some people develop post-concussion syndrome as a result of an accident. Thus, their symptoms may persist, affecting their ability to earn a living in the future. If that’s the case, economic damages should cover lost earning potential. Your age, your occupation, work history, your disability’s extent, and your future earning potential will be considered when determining the amount of future earnings you will miss due to your injuries.
Non-economic damages compensate for subjective losses you have experienced and will experience due to post-concussion syndrome. Examples include compensation for the following:
- Pain and suffering: People with post-concussion syndrome often experience devastating physical pain, such as migraines. They may also have other injuries caused by the accident, such as broken bones and burns.
- Emotional distress: Accidents that cause post-concussion syndrome can be extremely traumatic. They can cause post-traumatic stress disorder, depression, anxiety, phobias, impaired cognitive function, and other emotional and mental issues.
Diminished quality of life: If your post-concussion syndrome and other injuries cause you to no longer enjoy your life as much or prevent you from doing activities you used to love, non-economic damages can compensate you for these losses.
Courts award punitive damages in addition to economic and non-economic damages to punish the defendant. Under Pennsylvania law, punitive damages may only be awarded when the at-fault party’s conduct was grossly negligent, wanton, willful, or extremely reckless.
How Much Compensation Can I Expect for Post-Concussion Syndrome?
The average post-concussion settlement can exceed $20,000. However, each case is unique. Several factors impact how much compensation you can receive for post-concussion syndrome. These include the following:
- The cause of your concussion
- The severity of your condition
- The insurance coverage available
- Having an experienced lawyer
Representation by an experienced attorney is crucial for maximizing your compensation because such lawyers are more skilled at negotiation and courtroom advocacy. Talk to a Cordiso & Saile Pennsylvania car accident lawyer to learn more about your case and how much you can receive.
How Long Do I Have to File a Post-concussion Syndrome Claim?
Pennsylvania’s statute of limitations setting the deadline for filing personal injury lawsuits is two years. If you miss this due date, you will lose the opportunity to file a lawsuit to recover financial compensation for your post-concussion syndrome.
Two years can go by in the blink of an eye. A Cordisco & Saile personal injury attorney can help you file your lawsuit ahead of the Pennsylvania statute of limitations.
Why Trust Experienced Brain Injury Lawyers at Cordisco & Saile
If you or a loved one have developed post-concussion syndrome due to an accident, call Cordisco & Saile. Our award-winning legal team of brain injury lawyers has decades of experience fighting for the people of Bucks County, Montgomery County, the Lehigh Valley, Philadelphia, New Jersey, and beyond.
We have won many awards and accolades, including:
- The National Trial Lawyers Top 100
- A rating by Super Lawyers
- National Association of Distinguished Counsel: Nation’s Top One Percent 2017
- Litigation Awards: Top One Percent of Lawyers
We have also obtained stunning results for clients, including:
- $2,470,000 settlement for a Bristol man seriously injured by an armored car
- $1,175,000 settlement for a Bucks County couple due to negligent alcohol service
- $750,000 settlement for a Bucks County woman after a dog knockdown