A concussion typically happens after you have experienced a blow to the head. It is a mild traumatic brain injury (TBI) and can also occur if you have had your head and upper body violently shaken. While many people consider concussions part-and-parcel of contact sports, they can also be a result of a fall or car accident. Most concussions won’t result in falling unconscious.
Common symptoms of concussion include:
If you have been involved in an accident that resulted in a concussion, you may be able to claim for your injury and the resulting pain. However, you will have to prove that someone else was responsible for the accident. You will also need medical evidence to support your claim.
Post-concussion syndrome is a complicated condition where a patient’s symptoms can last for weeks, months, or years after the concussion. Nearly 10 percent of people who get concussions will suffer from post-concussion syndrome.
Post-concussion symptoms include:
The post-concussion headaches feel similar to migraines, but are closer to tension headaches.
Common causes of concussion include:
Since concussion doesn’t necessarily go hand-in-hand with loss of consciousness, many concussion injuries go undiagnosed and untreated. In fact, most will heal with sufficient rest.
Some victims may suffer complications such as:
Multiple concussions can lead to permanent damage and cognitive impairment
As part of your concussion injury claim, you may be able to seek compensation for pain and suffering. You can prove pain and suffering from both your own and your doctor’s testimonies. The doctor’s testimony should show:
The jury will want to hear directly from you about:
This is why it is important to work closely with an experienced lawyer to prepare your pain and suffering testimony for the jury.
One of the biggest problems that arise when claiming damages for post-concussion syndrome is that the symptoms can be relatively vague.
When it comes to settling such a case, you will realize that insurers prefer claims to be obvious, like having a broken arm. We all know what a broken arm is and how to diagnose it, how long it will take to recover, and what the accompanying symptoms are.
However, post-concussion syndrome is not clear, and that means insurers don’t always make a reasonable offer. This means you may have to go to trial.
Once you get to trial, the same difficulties can arise. The jury will want to understand what injury you have suffered. Post-concussion syndrome can be difficult to pinpoint and often comes across as a headache-type condition.
Another problem you may face is your doctor disagreeing as to whether or not you have post-concussion syndrome. Jurors tend to prefer when a plaintiff’s physicians agree and realize that the insurance doctors will disagree with the plaintiff’s. If your treating physicians are in disagreement, jurors can be left wondering whether or not you really have the condition.
Like other diagnoses, if you have a concussion injury, you may only claim damages for that injury as part of your personal injury case, and only if your doctor believes it is as a result of the accident you are claiming for.
You are only permitted to claim damages for a particular medical condition if your physician is of the opinion that your concussion was a result of the accident.
If you think you suffered a concussion but your doctor disagrees, you are going to have a tough time claiming damages for your injury. If this happens, you have to find another doctor who will agree with you before you may include the damages in the injury claim.
Our New York City attorneys at Dansker & Aspromonte have ample experience dealing with cases of traumatic brain injury, including brain damage and concussions. We have over 35 years’ experience and have won hundreds of millions of dollars in compensation.
We are happy to offer a free consultation and will not charge fees until we win or settle. We aim for maximum compensation for our clients.