Injury Claim for Concussion and Post-Concussion Syndrome

Posted On June 8, 2021 Brain Injury by John Allen Phebus

A concussion is a type of traumatic brain injury, or TBI. A TBI stems from a traumatic impact to the head or skull that damages the brain. A concussion is the most common type of TBI. It can result in a wide range of symptoms. Post-concussion syndrome is a separate condition that refers to persistent or lingering symptoms following a concussion or mild brain injury. In Arizona, you may be able to file an injury claim to recover compensation for both a concussion and post-concussion syndrome.

What Is Post-Concussion Syndrome?

Post-concussion syndrome, otherwise known as PCS, is a condition that some patients who are diagnosed with concussions experience. It describes lasting concussion symptoms that persist past the anticipated date of recovery. Although every brain injury is unique, most concussions and mild TBIs repair themselves over the course of several weeks or a few months. If a patient experiences symptoms related to a concussion longer than this, he or she may have post-concussion syndrome.

Symptoms associated with concussions include:

  • Dizziness
  • Vertigo or lack of balance
  • Headaches
  • Blurred vision
  • Ringing in the ears
  • Sensitivity to light and sound
  • Fatigue
  • Trouble sleeping/ insomnia
  • Irritability or mood swings
  • Depression or anxiety
  • Trouble with concentration
  • Problems with memory

It is important to see a doctor if you notice any of these symptoms after an accident in which you bumped or injured your head. If a doctor diagnoses you with a concussion, the doctor may recommend treatments such as rest, hydration and proper diet. The doctor should also give you an estimated timeframe for how long your concussion symptoms will last.

If you notice lingering symptoms after your recovery window, return to your doctor for a possible diagnosis of post-concussion syndrome. You may be more at risk for developing PCS if you are older in age or female. PCS does not have a specific treatment. Instead, a doctor may recommend remedies based on the specific symptoms you are experiencing. Post-concussion syndrome may last several weeks, months or even years. Every patient is unique.

Can You Sue for Post-Concussion Syndrome?

Yes, you can file an insurance claim or injury lawsuit for post-concussion syndrome in Arizona. You have the right to bring a lawsuit against one or more parties for causing your initial concussion or TBI, as well as to seek financial compensation for lingering symptoms and post-concussion syndrome that may be interfering with your ability to work or your quality of life.

To receive financial compensation for post-concussion syndrome, you or your Glendale brain injury attorney must prove negligence. In personal injury law, negligence means to be careless and cause injury to someone else. Proving negligence requires evidence that someone else (a party known as the defendant) owed you a duty of care, violated this duty and caused your concussion. In other words, that your brain injury would not have occurred but for the negligent act or omission of the defendant.

Damages You Can Recover

You may be eligible for financial compensation for many issues, expenses and losses related to post-concussion syndrome. The value of your case will depend on the severity of your TBI and how the injury has impacted your life. It will be up to you or your lawyer to prove post-concussion syndrome with medical records and other evidence. The types of damages, or compensation, available in a concussion lawsuit may include:

  • Medical expenses
  • Medications
  • Lost wages
  • Pain and suffering
  • Chronic pain
  • Emotional injuries
  • Mental anguish
  • Lost quality of life
  • Legal expenses
  • Punitive damages

Your personal injury lawyer can help you gather evidence to prove the losses associated with post-concussion syndrome, such as medical records and expert testimony. Then, your lawyer can help you negotiate your post-concussion syndrome case for maximum financial recovery. Although no amount of money can take away the pain of post-concussion syndrome, it can allow you to pay for medical care and move forward.