Post-concussion syndrome (PCS) is a condition that affects many individuals who have suffered a concussion, a form of traumatic brain injury (TBI)
In the U.S., estimates suggest that over 5.2 million people are living with a TBI-related disability [1], many resulting from car accidents, falls, or sports injuries. A significant number of those who suffer from TBIs and severe concussions develop post-concussion syndrome, a condition that can last for months or even years after the initial injury.
This long-lasting condition can severely affect a person’s quality of life, often leading to emotional, physical, and financial difficulties.
When you or someone close to you is affected by post-concussion syndrome, it can be helpful to understand the post-concussion syndrome settlement process and how legal support can play a critical role in securing compensation.
In this article, we will explain what PCS is, the factors that influence post-concussion syndrome settlement values, and how working with a personal injury attorney can help you receive fair compensation for the damages caused by your injury.
What is Post-Concussion Syndrome?
Post-concussion syndrome (PCS) is a complex condition that can develop after someone sustains a concussion, which is a form of mild traumatic brain injury (MTBI). PCS is characterized by persistent physical, emotional, and cognitive symptoms that continue for weeks, months, or even years after the initial brain injury.
Post-concussion syndrome symptoms include headaches, dizziness, fatigue, cognitive difficulties (such as memory problems or difficulty concentrating), and emotional issues like irritability or depression.
Not everyone who suffers a concussion will develop a brain injury or PCS, but for those who do, it can severely impact their ability to function in daily life. These symptoms may appear immediately after the injury or take days or weeks to emerge.
In some cases, it can take a while for medical professionals to diagnose post-concussion syndrome, depending on the symptoms present. Particularly in the case of mild traumatic brain injuries, symptoms can often be subtle at first.
Factors such as age, pre-existing medical conditions, and the severity of the initial injury may influence the development and duration of PCS.
The Variability of PCS
The impact of post-concussion syndrome varies significantly from person to person. For some individuals, symptoms may be mild and resolve within a matter of weeks. Others may experience severe, long-lasting effects that disrupt their daily lives for months or years.
This variability is essential to recognize, especially when considering the potential for financial compensation through a settlement.
While some individuals may experience only minor inconveniences, others may find that PCS interferes with their ability to work, maintain relationships, or engage in activities they once enjoyed.
The severity of the condition and its impact on a person’s daily life are critical factors in determining the value of a settlement.
Factors Affecting PCS Settlement Value
When pursuing a post-concussion syndrome settlement, several factors can significantly affect the value of your compensation. These factors address both the economic and non-economic losses suffered as a result of your condition.
Severity and Duration of Symptoms
The severity and duration of post-concussion syndrome symptoms are the most critical elements in determining the value of a settlement.
Individuals with mild symptoms that resolve relatively quickly may receive lower settlements, while those with severe and long-lasting symptoms may be entitled to significantly higher compensation.
For example, individuals who experience debilitating headaches, memory problems, or cognitive impairments for an extended period will likely receive a higher settlement because their symptoms have a more profound impact on their ability to work and maintain their quality of life.
The longer the symptoms persist, the more substantial the compensation will be.
Medical Expenses
One of the primary components of a post-concussion syndrome settlement is the cost of medical expenses incurred due to the injury. These expenses can include:
- Initial medical treatment following the concussion, such as emergency room visits or doctor consultations
- Diagnostic tests, including CT scans or MRIs, to assess the extent of the brain injury
- Ongoing medical care, such as physical therapy, occupational therapy, or cognitive rehabilitation
- Medications prescribed to manage symptoms like headaches, depression, or anxiety
- Psychological counseling for emotional distress caused by post-concussion syndrome
In addition to past medical costs, future medical bills are usually considered in a settlement, especially if you require long-term care or treatment.
These anticipated future expenses can significantly increase the overall settlement amount.
Lost Wages and Earning Capacity
If your ability to work has been impacted by post-concussion syndrome, you may be entitled to compensation for lost wages. Many individuals with PCS find themselves unable to return to work immediately or must reduce their working hours due to symptoms like fatigue, dizziness, or cognitive difficulties.
This can result in a substantial loss of income, especially if the symptoms persist over an extended period.
In more severe cases, PCS may prevent an individual from returning to their previous occupation, leading to a loss of future earning capacity.
A PCS settlement considers the income you have already lost and any future earnings you will likely forfeit due to your condition.
Pain and Suffering
In addition to economic damages such as medical expenses and loss of pay, post-concussion syndrome often leads to non-economic damages like pain and suffering. These damages reflect the emotional and physical toll that PCS can have on an individual’s life.
Chronic pain, depression, anxiety, and the inability to enjoy daily activities all fall under the category of pain and suffering.
While pain and suffering damages can be challenging to quantify, they are crucial to a post-concussion syndrome settlement. PCS can drastically affect a person’s emotional well-being and overall quality of life. Compensation for pain and suffering aims to address this often-overlooked aspect of the head injury.
Impact on Daily Life
Post-concussion syndrome can have a profound effect on an individual’s daily activities and relationships. Many people with PCS find that they are no longer able to perform routine tasks like driving, exercising, or maintaining a social life.
Individuals may need assistance with basic activities like cooking, cleaning, or personal care in more severe cases. This loss of independence can be emotionally distressing and contribute to the overall settlement value.
Additionally, post-concussion syndrome can strain relationships with family and friends, as the individual may experience irritability, mood swings, or depression. This impact on personal relationships and quality of life is another factor when determining settlement amounts.
Liability and Fault
Liability is another critical factor in determining the value of a post-concussion syndrome settlement. In car accidents, the settlement amount may be influenced by the degree of fault assigned to each party.
In cases where another person’s negligence directly caused your head injury, you may be entitled to significant compensation. However, if you are found to share some responsibility for the accident, your settlement may be reduced.
States with comparative negligence laws will reduce your compensation based on the percentage of fault assigned to you. For example, if you are found to be 20% responsible for the accident, your settlement could be reduced by 20%.
Estimating Settlement Ranges
While every post-concussion syndrome case is unique, settlement amounts generally fall into an average settlement range based on the severity of the condition. Below is a breakdown of average settlement ranges for different levels of PCS severity.
Mild PCS
For individuals experiencing mild post-concussion syndrome, settlement amounts typically range from $10,000 to $50,000. These cases involve short-term symptoms that resolve within a few weeks or months and have a minimal impact on the person’s ability to work or carry out daily activities.
Moderate PCS
The average settlement amount for moderate PCS cases is between $50,000 and $150,000. These individuals may suffer from more persistent symptoms that affect their ability to perform daily tasks and may experience a significant disruption in their work or personal life. Medical expenses are often higher in these cases, and lost wages are more substantial.
Severe PCS
Severe cases of PCS, where symptoms last for an extended period or become permanent, often result in settlements ranging from $150,000 to $500,000 or more. Individuals in this category may experience debilitating symptoms that prevent them from returning to work or living independently.
These settlements cover extensive medical bills, loss of future income, and significant non-economic damages, such as pain and suffering.
The Role of a Personal Injury Lawyer
Navigating the legal process after developing post-concussion syndrome can be daunting, especially when you are dealing with the physical and emotional challenges of recovery. Having a skilled Chicago personal injury accident attorney on your side can make a significant difference in the outcome of your case and the settlement you receive.
Proving the Extent of PCS
Proving the extent of post-concussion syndrome can be one of the most challenging aspects of securing a settlement. Since the symptoms of PCS are often subjective and difficult to measure, it is crucial to gather strong medical evidence that supports your claim.
An experienced attorney can assist you in collecting medical records, diagnostic tests, and expert testimony from doctors and other healthcare professionals. This evidence is essential in establishing the severity of your brain injury and demonstrating the impact PCS has had on your life.
Negotiating with Insurance Companies
Insurance companies often attempt to minimize settlement payouts, particularly in cases involving post-concussion syndrome, where symptoms may be considered mild or subjective.
An attorney can negotiate with the insurance company on your behalf, ensuring you receive a fair settlement that reflects the full extent of your damages, including medical bills, loss of pay, and pain and suffering.
Lawyers experienced in traumatic brain injuries understand the tactics insurance companies use to devalue claims and can push back to secure a fair outcome.
Litigating Your Case
Sometimes, a fair settlement cannot be reached through negotiation alone. Your personal injury lawyer may recommend taking your case to court if this occurs.
Having an attorney with experience in litigating post-concussion syndrome cases is essential for achieving a favorable outcome in court. A lawyer will present your case to a judge and jury, providing evidence of the extent of your injury and the financial and emotional toll it has taken on your life.
Secure Expert Legal Counsel!
If you’ve suffered from post-concussion syndrome, it’s essential to understand your legal rights. A skilled attorney can help you evaluate the value of your claim and fight for the compensation you deserve.
At Rosenfeld Injury Lawyers, we specialize in representing clients dealing with traumatic brain injuries and post-concussion syndrome. We understand the challenges you face, from dealing with mounting medical costs to navigating the emotional toll of your condition.
Our experienced Chicago injury attorneys will guide you through the legal process, ensuring you receive a fair settlement.
If you’re ready to take the next step, call us at (888) 424-5757 or fill out our contact form to book a free consultation with a Chicago brain injury lawyer.
References: [1] International Brain