Soldiers returning from battle overseas and high-profile sports athletes are two groups who immediately come to mind when the public thinks of concussions and post-concussion syndrome. A third group that is often overlooked is victims of automobile crashes. Motorists involved in collisions usually experience direct, traumatic contact between their head and an object inside the vehicle (for example, the steering wheel, windshield, or airbag). The medical community has also acknowledged that the sudden change in velocity involved in a motor vehicle accident can alone cause a concussion, even without the patient’s head striking any object.
Concussions from Automobile Crashes
Because most concussions cannot be detected on standard emergency room testing such as X-rays and CT scans, the diagnosis must usually be made, in part, based on the history provided by the patient and any emergency personnel who arrived at the scene of the crash. One of the first questions the ER doctors should ask is whether the patient suffered a loss of consciousness. A loss of consciousness is almost always an indication that a patient suffered a concussion. Even without a loss of consciousness, though, a patient may still have suffered a concussion. Absent a loss of consciousness, the question becomes whether the patient has any period of amnesia (for example, they cannot remember the moments before and after the crash) or whether the patient had a temporarily altered mental state (basically, was they “out of it” for some time).
Post-Concussive Syndrome
Most folks who experience a concussion will be symptom-free within 6 months. Unfortunately, this is not always the case with traumatic brain injuries. Sometimes, the symptoms will persist, mainly if the concussion was not the first the patient had suffered. If symptoms last beyond a year, many neurologists will start to explain that they could be a permanent aspect of the patient’s life. Among the most frequent symptoms of concussions and persistent post-concussion syndrome include the following:
- Headache;
- Dizziness and loss of balance and coordination;
- Confusion or “fogginess”
- Memory loss
- Sensitivity to light (photophobia) and sound (phonophobia);
- Nausea or vomiting;
- Vision changes, including blurry vision and double vision;
- Sleep changes;
- Fatigue, feeling tired, and
- Emotional lability – being more emotional than usual, sadness, crying.
Diagnosis
Regrettably, many automobile insurance companies do not take concussions and post-concussive syndrome seriously. Their settlement offers often reflect that mainly if the injured party is unrepresented by counsel. Insurance companies will usually rely upon the fact that CT and MRI scans do not show any physical changes to the brain to argue that the symptoms are either made up, exaggerated, or not supported by the medical records and evidence. The truth, however, is that many concussions just cannot be seen on basic testing. Doctors must rely upon the patient and, in some cases, neuropsychological testing to diagnose and treat a concussion and post-concussion syndrome.
Treatment
Concussions can cause numerous physical symptoms, including headache, nausea, balance and coordination problems, and sensitivity to light and sound. The most frightening symptoms are often cognitive. For example, some people who experience a concussion end up with a slowed mental processing speed or an inability or decreased ability to learn new information. They may also struggle with speech. Treatment for these patients typically includes neuropsychological evaluation and care from a speech pathologist.
Compensation for Post-Concussive Syndrome
A concussion can cause a constellation of impairing and disabling symptoms. Treatment of those symptoms can cost thousands of dollars. Many folks are also unable to work through their symptoms, resulting in thousands of dollars of lost wages and a significantly diminished earning capacity. More important than the lost money, however, is the tremendous impact that a post-concussive syndrome can have on a person’s ability to lead a happy, healthy life. The brain injury attorneys of Maginnis Howard are experienced in assisting North Carolinians who have suffered a concussion or other traumatic brain injury.
Experienced Personal Injury Lawyers
If you, a child, or another loved one have suffered a concussion because of someone else’s negligence or intentional wrongdoing and are experiencing post-concussive syndrome or even more long-lasting persistent post-concussive syndrome, we are here to help. Our attorneys have represented countless clients with mild traumatic brain injuries such as concussions. We will work with you to attempt to resolve your claim with the responsible party’s insurance company, but if that is unsuccessful, we will have active litigation practice.
Maginnis Howard offers a contingency fee arrangement to all brain injury personal injury clients. This means you do not pay any attorneys’ fees unless we recover a settlement or verdict. We have three conveniently located offices in Charlotte, Fayetteville, and Raleigh, and our dedicated car accident lawyers are ready to serve you. Contact us today for a free consultation.
