A concussion typically occurs after a blow to the head; however, it may also happen if the head and upper body have been violently shaken. A concussion, also known as a mild traumatic brain injury, isn’t uncommon and many people associate them with something that happens during a fight or a football game, but a concussion can also be caused by a fall or a car accident. In most situations, a concussion doesn’t cause a loss of consciousness. Concussion symptoms may include an inability to concentrate, headache, and impairment of memory, balance, and/or judgment. In most cases, a concussion is mild and those who get a concussion will have a full recovery. However, in some cases, a concussion may cause long-lasting damage. If you have been in an accident, you may be able to seek a claim for concussion settlements for your injury and the pain you’ve suffered, but you will need to prove that someone else was responsible for the accident that caused the concussion.
Post-Concussion Syndrome
Post-concussion syndrome is a condition in which the symptoms following a concussion may last for as long as a few weeks to longer than a year after getting the concussion. About ten percent of those who get a concussion may experience the post-concussion syndrome. Post-concussion syndrome has symptoms that are similar to the symptoms of a concussion, but with additional, more complicated symptoms, including:
- Fatigue
- Dizziness
- Irritability
- Insomnia
- Anxiety
- Sensitivity to light and noise
- Emotional and/or behavioral changes
The severity of the symptoms with post-concussion syndrome varies from person-to-person. For instance, some people may experience frequent migraine headaches, while others may experience headaches that feel like tension headaches. It is important to note that there are disagreements among medical experts as to why some people get post-concussion syndrome, while others don’t.
Claiming Damages for Concussion Injuries
Just like any other diagnosis of injury, you can only file a claim for damages for a concussion as part of your personal injury case if your medical provider believes the concussion is the result of an accident that was due to someone else’s negligence. Concussion settlements are typically only approved if the accident resulted in injuries, such as post-concussion syndrome, that may worsen over time. As part of your claim for compensation for your injuries, your attorney may recommend you file a claim for pain and suffering. Pain and suffering are often proved through your testimony as well as your medical provider’s testimony. Your medical doctor needs to document that you have actually suffered a concussion and potentially post-concussion syndrome.
The primary problem when claiming damages for the post-concussion syndrome is that the symptoms are often vague and physicians often differ on whether or not the person actually has post-concussion syndrome; this is also often true in severe cases of traumatic brain injuries. Unlike a personal injury case involving a visual injury, such as a broken leg, post-concussion syndrome isn’t as clear-no one knows how to diagnose it, what the typical recovery period is or what the specific symptoms are. If you have been in an accident due to the negligence of someone else and the accident is the cause of the post-concussion syndrome, you should talk with a personal injury attorney that is experienced in concussion settlements.
