Post-concussion syndrome (PCS) is a persistent condition that can severely impact your life. If you’ve developed PCS due to a car accident, you deserve to understand your rights and how to secure a fair post-concussion syndrome settlement.
What is Post-Concussion Syndrome?
Post-concussion syndrome, also known as persistent post-concussive symptoms, occurs when the effects of a mild traumatic brain injury (concussion) last longer than expected. Symptoms can include headaches, dizziness, and problems with concentration and memory, often persisting for weeks or even months. A concussion can result from an auto accident. It’s important to note that losing consciousness is not necessary to sustain a concussion or develop PCS, and the severity of initial symptoms doesn’t predict the likelihood of long-term issues.
How PCS Affects Your Life
The symptoms of PCS can drastically reduce your quality of life. Professionally, cognitive symptoms can hinder your ability to perform tasks and maintain concentration. This can affect even manual labor jobs, making it challenging to stay on task. Behavior and personality changes can also impact your relationships at work.
Personally, PCS can strain your relationships with family and friends. Cognitive difficulties can lead to frustration and depression, further exacerbating personal challenges.
The Prevalence of PCS After Car Accidents
Concussions are common in car accidents, and many victims may not realize they’ve suffered one. You can get a concussion by hitting your head or through the force of the collision, causing your brain to strike the skull. Mild traumatic brain injuries can lead to PCS in 10-25% of cases, with higher rates for more severe injuries.
Your Right to a Post-Concussion Syndrome Settlement
If you develop PCS due to a car accident, you can seek compensation. This can cover medical bills, lost wages, pain and suffering, and future medical care.
Lost Wages
Post-concussion syndrome (PCS) can severely impact your ability to work, resulting in significant financial strain. The cognitive difficulties, such as memory loss, difficulty concentrating, and fatigue, can make it challenging to perform even basic job tasks. This can lead to reduced productivity, missed workdays, or even job loss. When seeking compensation, it’s essential that your settlement reflects not only the income you have already lost but also your reduced earning capacity moving forward. This includes accounting for any future limitations PCS may impose on your ability to work. Whether you have had to take a lower-paying job, work reduced hours, or cannot work altogether, your compensation should ensure that these financial burdens are alleviated. Detailed documentation from your employer and medical professionals can help substantiate your claim, providing a clear picture of how PCS has affected your professional life.
Pain and Suffering
Pain and suffering are crucial components of a PCS settlement, reflecting the physical and emotional toll the condition takes on your life. PCS can lead to chronic headaches, dizziness, and other physical discomforts that persist long after the initial injury. Additionally, emotional distress, including anxiety, depression, and frustration from cognitive difficulties, can significantly diminish your quality of life. A fair settlement should compensate for these ongoing hardships, recognizing the profound impact PCS has on your daily activities, relationships, and overall well-being. By documenting your symptoms and their effects on your life, you can build a compelling case for adequate compensation that reflects the severity of your pain and suffering.
Future Medical Bills
Living with post-concussion syndrome (PCS) often requires long-term treatment and rehabilitation, which can be costly. Your settlement must cover these future medical expenses to ensure you can access the necessary care without facing financial hardship. This includes ongoing doctor visits, physical therapy, cognitive rehabilitation, and any future medications or treatments needed to manage symptoms. Accurately estimating these future costs is essential, and an experienced lawyer can assist in this process by consulting with medical professionals and specialists. By thoroughly documenting your anticipated medical needs, your lawyer can help secure a settlement that fully addresses your long-term healthcare requirements.
Calculating Your Settlement
A fair post-concussion syndrome settlement should cover all your losses. Insurance companies often lowball initial offers to minimize their payouts. These offers may only cover existing medical expenses, not future needs or pain and suffering. Understanding your losses and advocating for a comprehensive settlement is crucial.
How a Personal Injury Lawyer Can Help You Secure a Post-Concussion Syndrome Settlement
A personal injury lawyer can navigate settlement negotiations and ensure you receive fair compensation. They can counter insurance companies’ tactics to downplay your injuries or shift blame. If necessary, your lawyer can take your case to trial, presenting evidence to secure the compensation you deserve.
Get Help from a Pro
Living with PCS after a car accident can be overwhelming, but you don’t have to face it alone. Understanding your rights and working with an experienced personal injury lawyer can help you secure a fair settlement. If you or a loved one suffers from PCS as the result of a car accident, contact us for a free consultation.
