Mild Traumatic Brain Injury and Post-Concussion Syndrome Settlement in California
Concussions are among the most common injuries suffered by accident victims every year. Also known as mild traumatic brain injuries, concussions are often due to traffic collisions, workplace accidents, slip and fall incidents, military service, and recreational and professional sports activities.
Though a concussion is considered minor compared to other types of traumatic brain injuries (TBIs), they are still serious injuries. A concussion can leave victims with lingering impairments that can impact their ability to function comfortably in daily life. Concussions can also result in a dangerous condition called post-concussion syndrome (PCS).
The Concussion Legacy Foundation estimates that around 10 percent of people who sustain a concussion will go on to develop post-concussion syndrome. PCS can be debilitating and result in significant health and quality of life issues.
At the Law Offices of Pius Joseph, we pride ourselves on helping victims pursue justice and fair compensation for injuries caused by the recklessness of others. If you were involved in a car crash or other accident in California and suffer from post-concussion syndrome, contact an experienced personal injury attorney right away. You may be entitled to significant compensation for your medical expenses and lost income through a mild traumatic brain injury settlement.
Call or contact us today for a free consultation.
What is Post-concussion Syndrome?
A concussion is a mild form of traumatic brain injury. It typically results from blunt force applied to the head, but can also happen when there is a violent or sudden jarring of the head or body. Post-concussion syndrome, also known as PCS, is a condition in which the symptoms of a concussion last beyond the expected recovery period.
The expected recovery time after a concussion is seven to 14 days. Post-concussion syndrome can result in enduring symptoms of a concussion lasting for weeks, sometimes even months.
The symptoms of PCS are similar to the symptoms of a concussion. They include:
- Sleep disturbances
- Memory problems
- Cognitive changes
- Personality or mood changes
- Blurry vision
If you are still struggling with the symptoms of concussion days to weeks after an accident, see your doctor immediately. Your physician can make new treatment recommendations, refer you to specialists, and provide the critical medical documentation necessary to establish a convincing case for maximum compensation.
Can You Sue for Mild Traumatic Brain Injury and Post-Concussion Syndrome?
An individual who suffers from a mild TBI or post-concussion syndrome might be able to sue if someone else’s negligent conduct caused their injury.
Let’s say you developed post-concussion syndrome after a collision with a drunk driver. You could file a personal injury claim against the intoxicated driver demanding compensation for your losses, including money for medical bills, lost wages, property damage, and more. Your claim could be resolved through a post-concussion syndrome settlement, or it could lead to a lawsuit if settlement talks break down. An experienced California traumatic brain injury attorney will explore the best options for you after reviewing the facts of your case.
Accident victims can pursue compensation for their mild TBI or PCS even if they share the blame for the accident. California courts follow a pure comparative negligence model when awarding compensation. In this system, a victim’s award is reduced by the percentage of responsibility they bear for causing an accident. This means you could still collect some compensation even if you are 99 percent responsible for your injury.
What is the Average Settlement for Post-Concussion Syndrome and Mild TBI?
It can be challenging to place a value on a post-concussion syndrome claim. Both mild TBIs and PCS are “invisible” conditions, meaning there are no outward signs of impairment or disability. For this reason, insurers or the courts may argue these conditions don’t exist or cause a significant decrease in the victim’s quality of life.
A knowledgeable California TBI attorney can calculate a reasonable post-concussion syndrome claim amount for you. Obtaining a full and fair settlement requires substantial medical evidence and a thorough understanding of how cases similar to yours have settled in the past. While every case is unique, these past precedents can guide your attorney in placing a fair value on your claim. An attorney can also factor in other variables to provide an estimated settlement amount for your post-concussion syndrome claim.
Proving Liability in a Concussion Case
Proving liability in a concussion case comes down to proving that the other party was negligent and that their negligent actions resulted in the accident and your injury.
Certain elements must be established to prove the at-fault party’s negligence. You must show:
- The at-fault party had a duty of care to prevent you from harm.
- They violated that duty.
- Their careless actions caused your mild traumatic brain injury and/or post-concussion syndrome.
- That injury resulted in economic and non-economic losses.
- These wrongful acts can be remedied through compensation.
A personal injury lawyer can be an instrumental ally when gathering evidence proving negligence and establishing liability in a post-concussion syndrome case. An experienced attorney has the resources to secure vital evidence and use it to build a compelling argument.
How Can a Traumatic Brain Injury Lawyer Assist Me?
It can be difficult to negotiate a full and fair settlement on your own while you’re also suffering from post-concussion syndrome. The insurance company and the court may require mounds of evidence and medical documentation outlining your condition and how it has impacted your life. The entire process can be overwhelming at a time when focusing on your health and recovery should be your primary goal.
A Southern California traumatic brain injury attorney at The Law Offices of Pius Joseph will stand up for your interests and fight for maximum compensation for you. Call or contact us for a free case review with a trusted Pasadena TBI lawyer.