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Hiring a Lawyer for Post-Concussion Syndrome After a Car Accident

Key Takeaways

In This Article

a man in the driver's seat holding his head

Car accidents are among the most common causes of concussions, a mild traumatic brain injury that insurers often underestimate. Most concussions resolve within days to weeks, but some cases develop into a months-long ordeal known as post-concussion syndrome (PCS). Our North Carolina car accident lawyers are experienced in fighting for clients with concussions and post-concussion syndrome. We understand the impact a traumatic brain injury can have on your life, and we help hold negligent drivers accountable for the pain they cause.

Understanding Concussions

A concussion is a form of mild traumatic brain injury (mTBI) caused by a blow or jolt to the head or body. Sudden, forceful impacts can cause the brain to bounce or twist, sometimes striking the inside of the skull. This impact can harm brain cells and disrupt the brain’s chemical balance. A car, truck, or motorcycle accident, even at low speeds, has the potential to cause concussions that lead to post-concussion syndrome.

Post-Concussion Syndrome/Persistent Symptoms after Concussion

Most people with a concussion recover within days to a few months. However, traumatic brain injuries can vary widely and affect individuals differently. Post-concussion syndrome, also called persisting symptoms after concussion (PSaC), occurs when the symptoms of a concussion continue for over three months. Common symptoms of post-concussive syndrome include:

  • Headache
  • Dizziness, loss of balance, and coordination
  • Confusion or fogginess
  • Memory problems
  • Sensitivity to light (photophobia) and sound (phonophobia)
  • Nausea or vomiting
  • Vision changes, including blurry vision and double vision.
  • Sleep changes
  • Fatigue that does not improve with rest.
  • Emotional changes such as depression and anxiety

Some people who develop post-concussion syndrome end up with slowed mental processing speed or an inability or decreased ability to learn new information.  They may also struggle with speech, requiring a specialist for rehabilitation.

Did You Know?

Patients with a concussion are more likely to develop PCS if they have previously suffered a traumatic brain injury.

Diagnosing Post-Concussion Syndrome

One of the biggest challenges with PCS is that it doesn’t appear on standard imaging tests such as CT scans or MRIs. A concussion is a functional injury, meaning the damage affects how the brain works, not the way it looks on a scan. Diagnosis relies on patient history, observations at the scene, and their condition over time. Concussions can be diagnosed rapidly, but PCS is a condition that relies on time to judge. Typically, a person with a concussion will be asked to observe symptoms in the hours, days, and weeks after a car accident. This makes diagnosing PCS challenging and can lead to delayed diagnoses or completely missing the condition. If you’re experiencing any of the symptoms listed above after a car accident, it’s important to see a medical professional to determine if you have a concussion and, after months, post-concussion syndrome.

How a Car Accident Causes PCS

Direct trauma in a car accident, such as your head striking the window or dashboard, can easily cause a concussion. Even safety measures like airbags, which inflate at up to 200 mph, can cause a concussion. Additionally, concussions can occur without direct trauma due to the effects of whiplash. The rapid back-and-forth movement is enough to jolt the brain out of place. Simple rear-end accidents create the appropriate conditions for this kind of trauma through acceleration-deceleration forces.

How Post-Concussion Syndrome Affects Your Legal Claim

Regrettably, many insurance companies do not take concussions and post-concussion syndrome seriously. Their settlement offers often reflect this, especially when a skilled car accident injury lawyer does not represent the injured party. Insurance companies will often argue that CT and MRI scans do not show any physical changes to the brain, claiming that the symptoms are either made up, exaggerated, or unsupported by medical evidence. Another common insurance tactic for dismissing post-concussion syndrome claims is the delay in symptoms. Concussions frequently go undiagnosed, as victims may feel dazed or “off” without realizing they have suffered a brain injury. Some individuals feel fine immediately after the wreck and choose not to go to the hospital. This treatment delay is a fact that insurers use to deny that an injury is severe.

Tip

Keep a detailed record of your symptoms, such as when they started, how severe they are, and how they affect your daily routine.

How an Experienced Concussion Lawyer Can Help

An experienced personal injury lawyer can help you fight claims that your injury is too minor for compensation. Post-concussion syndrome and persistent symptoms after a concussion are well-recognized conditions that can affect your ability to work and live a normal life. These symptoms can also be painful and depressing, often marked by headaches. To prove this, your lawyer will collect evidence from the crash, review your medical records, and consult medical experts. Having a legal advocate means you can focus on healing rather than fighting for what you deserve. To make representation accessible to everyone, our firm represents PCS clients on a contingency basis, which means you don’t pay anything unless and until we recover compensation on your behalf.

Compensation for Post-Concussion Syndrome

Concussions and post-concussion syndrome can cause numerous physical symptoms, including headache, nausea, balance and coordination problems, and sensitivity to light and sound.  Treatment costs can reach thousands of dollars. For that reason, there are many types of compensation available for injury victims. This includes:

  • Medical expenses: Depending on the severity of your PCS, treatment can range from simple rest to physical therapy. These expenses should not be something you take on alone.
  • Lost wages: Many individuals also struggle to work while managing their symptoms, leading to significant lost wages and reduced earning potential.
  • Quality of life: Beyond financial losses, the most profound effect of post-concussive syndrome is its impact on a person’s ability to enjoy a happy, healthy life. Diminished capacity to enjoy life is considered in injury lawsuits.
  • Pain and suffering: Experiencing concussion symptoms for months on end is often painful. For this, the law allows personal injury victims to recover compensation.  

Contact Maginnis Howard 

When a negligent driver’s actions result in your injury, you deserve justice. If you or a loved one is suffering from post-concussion syndrome due to someone else’s negligence or intentional wrongdoing, we are here to help. We offer free consultations and represent clients on a contingency basis. That means you don’t pay until we recover compensation on your behalf. We represent clients across the state from our Raleigh, Charlotte, and Fayetteville offices. Don’t delay—contact us and let us handle the legal battle so you can focus on your recovery.

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