Average Settlement for Post-Concussion Syndrome - morgan and morgan
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Average Settlement for Post-Concussion Syndrome

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Average Settlement for Post-Concussion Syndrome

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:

  • Headaches
  • Nausea, drowsiness, and dizziness
  • Problems with concentration and memory
  • Fatigue
  • Irritability
  • Anxiety and depression
  • Insomnia
  • 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. 
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FAQ

Morgan & Morgan

  • What Factors Affect Your Post-Concussion Syndrome Settlements?

    The value of your settlement is determined by the level of your pain and suffering, emotional anguish, and damage to normal body function. Unlike your financial losses for damaged properties, medical bills, and lost wages, there is no easy way to calculate your non-economic damages. The value of your settlements will be determined by the following factors, among others:

    The severity of the injury

    The severity of the injury is probably the most important aspect of a settlement offer. Accidents that result in more severe injury will attract greater compensation. 

    Disruptions

    The effect of the accident on the victim’s daily life will determine the value of the settlements. For example, some injuries make it more difficult for the victim to perform everyday activities and take them out of work, leading to lost wages. The more the injuries affect a victim’s day-to-day life and income, the higher the settlement should be.

    Emotional and Mental Trauma

    The pain resulting from accidents often extends far beyond physical injuries. Post-concussion syndrome can be developed in the aftermath of the accident. PCS can cause a person to experience mental anguish, depression, anxiety, loss of enjoyment of life, and more. A diagnosis from a mental health professional will affect the value of a settlement.

    There are also specific factors that can reduce the settlement offer, including but not limited to the following: 

    • Lack of credibility of witnesses. If the defense knows someone witnessed the incident but their testimony likely won't be credible, this will probably reduce the settlement offer. For example, the defense knows that the witness was standing in a place where they couldn’t possibly have seen the incident, they typically wear glasses or contacts but didn’t have either that day or the witness has something to gain from testifying on behalf of the victim.   
    • A lack of medical records to support your injuries. It doesn’t matter what you say your injuries are; if there aren’t any medical records, notes, diagnoses, or treatment records, this will significantly impact any settlement offer, if you receive one at all. 
    • Whether you share some of the blame for any part of the accident or your injuries. In some states, you as a victim can’t collect any compensation if you were even 1 percent at fault for the incident. In other states, you can collect compensation even if you were 99 percent at fault. If the defense believes you were significantly responsible for the injuries you suffered, the settlement offer will be far less.
    • Lack of physical evidence to corroborate witness testimony, such as photographs of your injuries or property damage. Even if you have medical records, it’s important to have documented photographic evidence of any visible injuries or damage. Without this, the defense might be more willing to go to trial and offer you a much smaller settlement. 
  • What Is the Typical Statute of Limitations for Post-Concussion Syndrome Claim?

    Head injuries are one of the most serious forms of accidents; they have the potential to change your life forever. Unlike other types of injury, brain injuries are unusual in that the long-term effects of head trauma may not manifest for months or even years after the accident. Victims may not immediately realize they’ve suffered a serious injury. 

    After an accident, the victim must file a personal injury claim within the applicable statute of limitations for the court to hear the case. However, the statute of limitations changes from state to state, and it also varies depending on what type of claim is appropriate to bring regarding a victim’s brain injury. In most cases, a victim will have between 1 and 3 years to file a claim. This is the most important aspect of any personal injury claim; if you fail to file your claim within the statute of limitations, you won’t be able to collect any compensation, even if you otherwise would have been entitled to it. This is why it’s important to speak with a lawyer right away. 

  • What Should I Do After an Accident if I Think I Have Post-Concussion Syndrome?

    Immediately after an accident where you believe you’ve suffered a head injury, you should take the following steps:

    • See a Doctor: You should seek medical attention if you experience a head injury severe enough to cause confusion or amnesia, even if you never lose consciousness. Anytime you’re in a serious car accident or hit your head, you should see a doctor who can decide if it’s necessary to run tests or treat your injuries in any way.
    • Gather Evidence. Collect as much evidence as possible that might help you with your claim. This can include witness contact information, photographs of the scene of the accident, injuries, and property damage, a police or accident report, and anything else you think is relevant to the situation. This will help your lawyer tremendously.
    • Hire a Personal Injury Lawyer: If you suffer a head injury because of someone else’s negligence, you may be entitled to receive monetary compensation. After the accident, it’s important to speak with a lawyer right away to discuss your options. Almost all personal injury lawyers offer free consultations, so you have nothing to lose except a little bit of your time. 
  • Contact Morgan & Morgan

    Anytime you suffer injuries due to someone else’s negligence, it’s wise to contact an experienced attorney to discuss your options. You may be able to collect an insurance pay-out or obtain a settlement by filing a personal injury claim. Morgan & Morgan has been handling head injury cases and all types of personal injury claims for decades throughout the country. All our lawyers are well-versed in negotiating and litigating, so you will never end up being pressured to accept a low settlement offer to avoid taking the case to trial. If you need assistance, don’t hesitate to contact Morgan & Morgan today for a free case evaluation.

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