Post-Concussion Syndrome Car Accident Settlements

Post-concussion syndrome car accident settlements are quite common since sustaining a concussion can be a life-altering experience that has repercussions for your current and future health. The stress of the initial accident can lead to long-term symptoms that form a part of the condition known as post-concussion syndrome and can range from mild to severe depending on the accident. This is why a post-concussion syndrome car accident settlement could be a significant part of your recovery plan.

Since car accidents are among the most common types of traumas that lead to concussions, a post-concussion syndrome lawsuit settlement naturally overlaps with a car accident injury claim. A personal injury lawyer with experience in car accident injuries can help you navigate the complex process of claiming your injuries and being compensated by the insurance company for the damage to your well-being, both present and future.

What is Post-Concussion Syndrome?

A concussion is a brain trauma that can be mild or severe. However, even a concussion that seems mild at first can lead to long-term post-concussion syndrome, which results in many different symptoms that are important to recognize to file a successful post-concussion syndrome car accident settlement.

Post-Concussion Syndrome Symptoms

Sufferers of post-concussion syndrome may experience some or all of the symptoms listed below. They may last weeks or even months after the accident, sometimes coming and going. These symptoms can become permanent, especially in the absence of proper treatment, though most people with otherwise normal spinal health eventually recover from post-concussion syndrome.

Major physical symptoms could include persistent dizziness, concentration and memory difficulties, nausea, fatigue, insomnia, blurred vision, sensitivity to light and noise, and headaches. Sufferers may also experience post-concussion syndrome emotional changes, including depression, irritability, post-traumatic stress, and moodiness. Some victims feel nervous or overwhelmed, finding it more difficult to cope with normal life stresses involving relationships or money.

Post-concussion syndrome symptoms even years later are not uncommon. It’s crucial to get prompt treatment for your accident to give your body the best chance to heal from the initial injuries before they become chronic.

Treating Post-Concussion Syndrome

Treatment for post-concussion syndrome is an important aspect of any post-concussion syndrome settlement. The judge and the insurance adjuster will consider not only your medical condition but your emotional response to your injuries when negotiating your settlement. While treatment for post-concussion syndrome differs between individual injuries, there are two main treatment methods available.

The first line of defense is rehabilitation therapy, which is the most well-accepted treatment. This therapy is personalized for the individual’s condition using multiple forms of treatment, including physical, cognitive, coordination, and neurological therapy.

The second type of treatment is medication, which is usually prescribed as a last resort when therapy fails to address the root of the injury. Medication can make symptoms of post-concussion syndrome more tolerable while undergoing other therapies. Since medications are costly and potentially cause side effects, they are usually not the first treatment prescribed. 

Post-Concussion Syndrome After Car Accident

Post-concussion syndrome is a common result of a serious car accident. Over 17% of traumatic brain injuries are caused by car accidents each year, making them the second highest cause behind falls. Traumatic brain injuries or TBIs are the leading cause of concussions in car accident victims.

These injuries are caused by sustaining a heavy blow to the head at the moment of impact or in subsequent jolts. Even minor car wrecks can lead to post-concussion syndrome, though front and rear-end collisions are the most common since they more easily cause the victim’s head to jolt forward.

Your post-concussion syndrome car accident settlement process depends on realizing that a concussion can result from an accident no matter how minor it seems. Even if you don’t notice symptoms at first, you should still prepare the basic framework for a post-concussion syndrome settlement just in case.

Auto Insurance Claims for Post-Concussion Syndrome

Since concussions are not always immediately apparent, many victims of post-concussion syndrome put off seeing doctors after their accidents. However, it is essential to see an accredited medical professional immediately to document your injuries if you hope to file for a post-concussion syndrome settlement. Otherwise, the insurance adjuster may claim that you did not sustain the injuries in question during the crash.

Continue to track your symptoms in the weeks and months ahead, visiting your doctor when you notice a new symptom such as dizziness or loss of consciousness. These medical records and doctor’s notes will factor into your post-concussion syndrome car accident settlement. Other documentation needed to validate your settlement includes proof of property damage, receipts for medical bills including medication and therapy, and work slips verifying lost wages.

The statute of limitations in your state is another factor to consider when filing for compensation. The statute determines how long after your accident you can wait before filing your claim. The time differs by state, with some as low as 1 year following the accident and others as high as 5 years.

Even after filing the right documentation and keeping track of your mental pain and suffering, the insurance adjuster may not offer an amount that you feel is fair. From there, you may want to hire a personal injury attorney to sue the other driver for additional damages not covered by your insurance policy.

How to Negotiate a Post-Concussion Syndrome Settlement After a Car Accident?

From the moment the crash occurs, you have a responsibility to your future post-concussion syndrome car accident settlement to assemble the proper documentation. This includes the initial police report, which can be used to assign fault in the accident, as well as personal information from the other driver, including license plates and insurance information, and witness statements.

Additional documentation needed to strengthen your case includes doctor’s notes about future medical care, lost wages records, and any additional details from police or EMT reports. A personal injury attorney knows how to help you assemble medical, legal, and personal documentation to validate the compensation amount you request in your post-concussion syndrome car accident settlement.

Average Settlement for Post-Concussion Syndrome

Compensation for post-concussion syndrome differs depending on the scale of your injuries and the circumstances of the accident. However, since post-concussion syndrome often results in life-long trauma and injury, the average settlement range is high, with most cases netting at least $150,000 in compensation for victims.

The final settlement amount can be over $1 million, however, depending on the severity of your injuries and the pain and suffering that can be validated in court. Even a minor concussion can result in a major settlement due to its potential for long-term physical consequences.

In the past, a concussion was often viewed as a minor trauma, leading to low post-concussion syndrome settlements compared to the victim’s pain and suffering. However, a strong case can be made today by an experienced personal injury attorney to validate the long-term pain associated with post-concussion syndrome to earn a large settlement.

How to Calculate Compensation for Post-Concussion Syndrome?

A post-concussion syndrome car accident settlement relies on an accurate, provable calculation of damages. These damages start with calculations of medical treatment costs, therapy, medications, and property damage. The damages also include pain and suffering, which factors in depression and mental anguish, and lost wages, which include those lost due to your injury or future disability.

Post-concussion syndrome can have a lasting impact on the victim’s quality of life. Permanent or partial disability is a real possibility, making it necessary for any successful post-concussion syndrome lawsuit settlement to accurately document the progress of the injuries. This is why prompt and continuing medical treatment from an accredited emergency room or primary care doctor is essential for your case.

The pain and suffering level agreed on between you and your injury attorney becomes a multiplier between 1 and 5 that exponentially increases your settlement amount based on the original figure of your physical expenses. Figuring out the best way to estimate this number is another reason that a personal injury attorney is an asset in your case.

How Long Does a Post-Concussion Syndrome Settlement Take?

A post-concussion syndrome lawsuit settlement can take years due to the detailed medical issues involved. Not only does your compensation claim have to be processed, but the payout can continue for many years if a doctor deems future treatment necessary for your case.

Despite this, the acute injury can heal in a few days, which is why it’s important to document symptoms through an official medical authority as soon as possible. It’s difficult to plot an average settlement timeline since every case is different, but it’s key to work within the constraints of your state’s statute of limitations when assembling your post-concussion syndrome lawsuit settlement.

An experienced personal injury lawyer can help you manage the difficult aspects of the timeline to ensure that you get the compensation you deserve.

When to Get a Car Accident Lawyer?

You may represent yourself in your post-concussion syndrome settlement. However, research shows that those who self-represent are under-compensated compared to those with representation, for a few reasons. One is an attorney’s experience navigating the filing and negotiation process. But another important reason is the law firm’s reputation, which can sway a judge’s opinion of the evidence presented.

A severe concussion injury accompanied by lingering symptoms is more than enough justification to take advantage of an experienced personal injury attorney’s expertise. Remember that the insurance company is not your friend in your case. They will do everything in their power to deny you full compensation. A personal injury attorney fighting for your settlement gives you the best chance of earning the compensation warranted by your suffering.

Summary

Filing for a post-concussion syndrome settlement can be a daunting task. The timelines for treatment, filing, and settling are uncertain due to the variability of the circumstances of each accident. Due to the potential long-term repercussions of post-concussion syndrome, there are many different types of injuries and treatments that need to be verified in your case.

The timeline to validate these injuries begins as soon as the crash occurs, after which you will already be responsible for assembling police reports, injury records, doctor’s notes, witness statements, and more. The statute of limitations, which differs by state, also factors into the progress of your settlement.

Especially in cases where post-concussion syndrome could result in partial or permanent disability, an experienced personal injury lawyer is key to a successful settlement. They know the ins and outs of the timeline and can help you gather and file the important documents, validate your pain and suffering with evidence, and present a compelling case that results in the compensation you deserve.