Being involved in any type of accident that causes injury can be frightening. Head injuries can be especially concerning. A common head injury that results in personal injury claims is post-concussion syndrome (PCS). PCS occurs when concussion symptoms persist beyond the expected recovery period after the initial accident. PCS symptoms include dizziness, headaches, irritability, depression, and anxiety. If you were injured in an accident due to someone else’s negligence or intentional act and suffered a head injury, it’s important to contact a lawyer to discuss your options. Morgan & Morgan has been handling personal injury cases for decades and is always happy to assist. Contact Morgan & Morgan today for a free consultation.
What Is Post-Concussion Syndrome?
Post-concussion syndrome is a mild traumatic brain injury that may continue for weeks, months, or even years after suffering a head injury. This type of injury can happen after falling and hitting your head, injuring your head in a car accident, and many other scenarios. Concussions are common in these scenarios, and approximately 10–30% of people go on to develop prolonged symptoms.
The goal of treatment of post-concussion syndrome typically involves effectively managing the following symptoms:
- Nausea, drowsiness, and dizziness
- Problems with concentration and memory
- Anxiety and depression
- Loss of concentration and memory
- Ringing in the ears
- Blurry vision
- Noise and light sensitivity
- Decrease in taste and smell
- Post-traumatic stress disorder
Frequent causes of Post-Concussion Syndrome
Damage to the brain or disruption of the messaging system caused by an accident is the cause of persistent post-concussion syndrome. This can occur as a result of car accidents, slip and falls where the injured party hits their head on the ground, construction accidents, and more. These injuries affect brain function due to bleeding in or around the brain, resulting in signs and symptoms of concussion. These symptoms may develop instantly or later. This kind of bleeding in the brain can be fatal, so it’s crucial that emergency care is provided to anyone that experiences a brain injury.
It’s also important to note that some factors can predispose you to concussion and PCS, such as depression and anxiety.
Average Settlement of Post-Concussion Syndrome
Concussions are currently viewed as serious brain injuries due to their potential long-term consequences, while in the past, they were often regarded as a minor or non-serious injury because they are quite common and typically not life-threatening or permanent. It is frequently referred to as a “mild” brain injury. With more medical research and understanding, concussions and PCS are taken much more seriously. For this reason, it can be easier than it was in the past to receive a fair settlement or award from a personal injury settlement or lawsuit.
The settlement amount for PCS claims varies and is very individualized, depending on the facts of the case. It could range anywhere from $10,000 to $1 million or more. Typically, the more continuing complications that exist and the worse the injury, the higher the settlement.
The following are examples of verdicts and reported settlements from personal injury cases in which the plaintiffs’ leading injury was post-concussion syndrome.
Anonymous v. Gaylord (Maryland 2020): $100,000.
The victim was broadsided at a red light in a Washington, D.C. suburb. She had mostly soft tissue injuries and a concussion. The insurance company offered $31,000, but after she filed a lawsuit, the insurance company offered their full $100,000 policy a few months before the trial.
Garber v. Heimbigner (Oregon 2020) $50,000
A woman was rear-ended at an intersection. She suffered a concussion and neck and back injuries. The woman developed post-concussion syndrome after a couple of weeks, experiencing recurring headaches. The woman alleged that the at-fault party’s negligence caused her injuries. This case was settled for $50,000.
Jennings v. F&G Custom Ag (California 2019) $2 million
A married couple was struck head-on. The husband suffered from a fractured wrist and ankle. He underwent multiple procedures. The wife suffered a closed head injury, facial fractures, a cracked molar root, a fractured right rib, and facial and chin lacerations.
The woman developed post-concussion syndrome and depression. She also underwent an orbital reconstruction with a bone graft. The couple alleged that the at-fault driver’s negligence caused their injuries. This case settled for $2 million.
How to Get the Best Settlements
When you are injured in an accident that was caused by someone else's negligence, you are often entitled to some sort of financial compensation. Nevertheless, the process might be complicated. The good news is there are steps you can take to increase your chances of receiving the monetary compensation you deserve.
- Do not talk to the insurance company without a lawyer. Hire an experienced and dedicated personal injury attorney that can help you build your case and negotiate a fair settlement or take your case to trial.
- Have a specific settlement amount in mind. This will stop you from accepting an offer that is too low. The amount you have in mind should be based on expenses you’ve incurred and lost out on, and potential compensation for pain and suffering or punitive damages. Your lawyer can help you determine this number as well.
- Provide your attorney with extensive documentation and evidence. The more information your lawyer has, the better chance they have at building a successful case for you.
- Be prepared to take your case to trial if you do not receive a fair settlement offer.