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Jun
2023

Compensation for Post-Concussion Syndrome

on  Personal Injury

Suffering from post-concussion syndrome (PCS) can be a challenging experience. The symptoms can persist for weeks or even months after a head injury. Not only does this condition affect your daily life, but it can also impact your ability to work and provide for yourself and your family. 

If you’re experiencing post-concussion symptoms, you may be entitled to compensation. However, collecting compensation on your own can be a daunting task. You may feel overwhelmed, frustrated, or even helpless in the process. That’s where an experienced personal injury lawyer comes in.

At Prosper Shaked Accident Injury Attorneys, PA, we’ll provide the information you need about your legal rights, the types of compensation available, and how to collect it. We won’t let insurance companies take advantage of you when recovering from a head injury. Our law firm will level the playing field and get you the compensation you deserve.

What is Post-Concussion Syndrome?

While many people recover from a concussion within a few days or weeks, others may experience symptoms for an extended period of time, which can significantly impact their quality of life. When head injury symptoms last for weeks or even months, you might have post-concussion syndrome. 

Post-concussion syndrome is a condition that can develop after a head injury or concussion. It’s characterized by symptoms that persist for weeks or months after the initial injury. Post-concussion syndrome can affect anyone who has suffered a concussion, including athletes, car accident victims, and those who have fallen or suffered a blow to the head. 

Although the exact prevalence of PCS is difficult to determine, research shows that nearly half of all patients will experience at least one post-concussion symptom a year after their initial injury. However, it’s important to note that not everyone with a concussion will develop post-concussion syndrome. 

What Are the Symptoms of Post-Concussion Syndrome?

While the symptoms of post-concussion syndrome can vary from person to person, there are some common signs to look out for:

  • Headaches
  • Dizziness
  • Fatigue
  • Difficulty concentrating
  • Memory problems
  • Irritability
  • Sensitivity to light and noise
  • Sleep disturbances
  • Anxiety and depression
  • Neck pain

How Much Is My Post-Concussion Syndrome Case Worth?

The settlement amount for mild traumatic brain injury and post-concussion syndrome can vary greatly, anywhere from less than $5,000 to over $1 million. This variability is due to a multitude of factors that must be considered, including: 

  • What are the circumstances surrounding your injury accident?
  • Who is to blame for your accident?
  • Did you suffer any additional injuries?
  • What was the severity of your injuries?
  • Can you return to work?
  • What ongoing symptoms do you have? 
  • What is the overall medical cost associated with your recovery?

When seeking compensation for post-concussion syndrome, you must have strong medical documentation demonstrating the impact of your injuries on your life and ability to work and any ongoing symptoms and recommended medical care with associated costs.

Can You Sue for Post-Concussion Syndrome?

Yes! You can sue for post-concussion syndrome if the negligence or intentional actions of another person caused your injury. In this case, you can seek damages through a personal injury claim or lawsuit. 

To successfully sue for post-concussion syndrome, you and your personal injury attorney must prove that the other party’s actions were the direct cause of their injury. 

Your attorney must thoroughly investigate the accident to determine if another person is to blame for your injuries. Maybe a coach put your son into a game without performing proper concussion protocols? Maybe a drunk driver slammed into your car while you were waiting at a red light? Proving negligence is essential when suing for post-concussion syndrome. 

Next, your attorney will need to gather compelling evidence to prove your claim. This might include pictures of the accident, eyewitness and medical expert testimony, and copies of your medical records and an accident report. 

How Do You Prove Post-Concussion Syndrome?

There is no single definitive test for post-concussion syndrome. Instead, a diagnosis is based on a combination of factors, including your symptoms, medical history, and results of neurological and physical exams. Your doctor may also need to perform imaging tests, such as MRIs and CT scans. Newer technology such as Diffusion Tensor Imaging (DTI) can really make the difference when traditional methods fail to identify the source of the complaints. 

Because no one test proves post-concussion syndrome, many insurance companies are skeptical of these cases and claims. Your attorney will need to fight aggressively to show them how your injuries have affected your life and how they will continue to affect your future.

What Compensation Can You Receive for Post-Concussion Syndrome?

The type and amount of compensation for post-concussion syndrome (PCS) will vary depending on several factors, such as the severity of the injury, the impact of the injury on the individual’s life, and the jurisdiction in which the injury occurred. 

In general, compensation for post-concussion syndrome includes:

  • Medical expenses (both past and present)
  • Rehabilitation costs
  • Long-term care expenses
  • Lost wages, income, and benefits
  • Loss of future earnings
  • Pain and suffering
  • Emotional distress
  • Disability or impairment
  • Home modifications
  • PTSD
  • Punitive damages 

How Long Do I Have to Collect Post-Concussion Syndrome Compensation?

In Florida, you only have two years from the date of the accident to sue for compensation. This is true in all injury cases. However, it is possible to seek financial compensation for post-concussion syndrome, even if you have a delayed start to your legal claim and are just becoming aware of your injuries. If you were unaware of your injuries before now, you may be able to extend the statute of limitations to file your claim.

Contact Our Personal Injury Lawyers Today

If you or someone you love developed post-concussion syndrome, you may need compensation to help you recover. This long-term complication can result in a lifetime of pain and suffering, and you may need more money than you realize to get through this ordeal. When this occurs, you need a Florida injury attorney who can fight for your rights and for your future. 

To schedule a free legal consultation to discuss your potential injury case, contact Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676. You may also use our online submission form to contact the firm.