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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:
- The inability to concentrate
- Memory impairment
- Loss of balance or coordination
- Lack of judgment
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.
What Is Post-Concussion Syndrome?
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:
- Noise and light sensitivity
- Emotional or behavioral changes
The post-concussion headaches feel similar to migraines, but are closer to tension headaches.
The Causes of a Concussion Injury
Common causes of concussion include:
- Car accidents
- Blows to the head in a fall
- Contact sports
- Whiplash to the neck and head
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:
- A traumatic brain injury
- The development of epilepsy
- A second head impact soon after the initial concussion can result in swelling of the brain
Multiple concussions can lead to permanent damage and cognitive impairment
Making a Claim for a Concussion Injury
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:
- that you have suffered a concussion
- whether or not you have post-concussion syndrome
- that your concussion was the result of an accident
- the symptoms you have testified to have come from your injury
The jury will want to hear directly from you about:
- Your symptoms and complaints
- How long your symptoms have lasted
- How disabling your symptoms are
- How your symptoms have generally affected your life
This is why it is important to work closely with an experienced lawyer to prepare your pain and suffering testimony for the jury.
Problems The Occur in Cases of Post-Concussion Syndrome
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.
NYC Concussion Injury Lawyers Can Help You Get What You Deserve
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. With over 95% success rate at trial, we aim for maximum compensation for our clients.