A concussion is a mild traumatic brain injury (TBI) with no other brain injuries detected, such as an intracranial hematoma or a contusion.
Concussions are a common injury – at work and home. They result from a blow to the head or sudden shaking of the head and neck. Leading causes of this trauma include car accidents, slip and falls, falls from heights, fights (assault and battery), workplace violence, and sports and athletic activities.
Suffering a concussion at work or in a motor vehicle collision puts you at risk for developing post-concussion syndrome, a complicated medical condition that causes many symptoms and problems. Post-concussion syndrome can last for weeks, months, or even years – preventing you from working and lowering your quality of life.
This article explains how to increase the value of your post-concussion syndrome settlement in workers compensation and car accident cases. I’ve learned these things representing hundreds of auto accident victims and injured workers who suffered a mild traumatic brain injury and developed post-concussion syndrome. And I hope they help you negotiate a top-dollar post-concussion syndrome settlement.
If you have questions about the different types of head trauma or are looking for a top-rated brain injury lawyer who focuses on helping accident victims negotiate personal injury and workers comp settlements, call me: 804-251-1620 or 757-810-5614. Let me help you get the post-concussion syndrome settlement you deserve.
Some crash victims and injured workers recover within a few weeks of suffering a concussion. Most concussion symptoms resolve completely within two to three weeks of the accident, with the rest going away within one to two months with proper treatment.
But some of you – including many of you reading this article – may continue to have behavioral, cognitive, and emotional symptoms long after your head injury. If so, you may have post-concussion syndrome.
Post-concussion syndrome is the medical condition in which you continue to experience symptoms after the normal recovery time for a concussion.
The medical providers who treat brain injury expect your concussion symptoms to last several days, up to a few weeks. However, you should seek medical attention if any of the symptoms listed below last longer than a few weeks.
Your doctor will perform brain imaging tests such as MRIs and CT scans to rule out apparent structural damage. If none exists, your doctor may diagnose post-concussion syndrome if you have three or more of the symptom categories listed below more than one month after the head injury. There is no standard, objective test for post-concussive syndrome, though neuropsychological testing can help determine your disability and impairment level.
There is no standard test for post-concussive syndrome, though neuropsychological testing.
Unfortunately, post-concussion syndrome is a common result of cerebral concussion.
Research data shows that post-concussion syndrome may occur in as many as 50% to 80% of patients who suffer mild to moderate traumatic brain injury. You can visit the Brain Injury Association of America’s website for more information on how common concussions are.
There is no way to predict which auto accident victims and injured workers will develop post-concussion syndrome. But some factors put you at greater risk:
Though you may look normal to friends, family members, co-workers, and strangers, post-concussion syndrome can entirely disrupt your life.
In your personal life, you may notice difficulty maintaining relationships with others and communicating effectively. You may also have to avoid certain activities and places that increase your stress and symptoms. This results in a complete restructuring of your life and the lives of family members.
In your professional life, you may notice that you are making more mistakes at work or having trouble accepting criticism from your manager or socializing with co-workers. These problems could mean you have to change careers or stop working.
And if your child develops post-concussion syndrome after a head injury, they may need to take time off from school and extra-curricular activities. This can disrupt their intellectual and social development.
There is no single treatment method for post-concussive syndrome. Medical providers use several ways to treat the physical, psychological, and cognitive aspects of post-concussive syndrome. These include:
There is no cure for post-concussion syndrome or a specific course of treatment. But over time, you may be able to manage and reduce your symptoms.
There is no rule for how long post-concussion syndrome symptoms will last after your auto accident or work-related injury.
Several studies, however, have tried to figure out the answer. Their findings can help determine the best route to take with your case.
About half of you with post-concussion syndrome symptoms will experience resolution of those symptoms by one month after your traumatic brain injury.
Another 25% of you will experience a resolution of post-concussion syndrome symptoms three to twelve months post-TBI.
And the remaining 25% of you may have persistent symptoms of post-concussion syndrome that last more than a year or even the rest of your life.
No, post-concussion syndrome and CTE are not the same.
The media has run many stories on CTE the past few years.
CTE is a progressive degenerative disease of the brain found in people who have a history of repetitive head and brain trauma, such as professional football players.
Post-concussion syndrome is not the same as CTE.
Though they share some symptoms, post-concussion syndrome is not progressive or degenerative. Your symptoms may resolve or improve over time with appropriate medical care.
Determining the average settlement amount for post-concussive syndrome cases is difficult. Some of you may have to deal with its symptoms long-term, while others will experience the resolution of symptoms within a few months or a year.
The average workers comp settlement amount for post-concussion syndrome ranges from $50,000.00 to $105,000.00 or more.
The average car accident settlement for post-concussion syndrome varies even more, with a range from $55,000.00 to $1,000,000.00 or more, depending on the available auto insurance coverage.
Winning a personal injury or workers comp case involving post-concussion syndrome and post-traumatic headaches is complicated, but possible. The claim adjuster or defense attorney for the insurer or claim administrators, such as Sedgwick or Gallagher Bassett, will argue that you are not entitled to the benefits or money you seek because the injuries aren’t visible. But you can overcome this.
Below are a few defense arguments you should be aware of when negotiating the fair settlement of your post-concussive syndrome case.
Medical may disagree about whether you have post-concussion syndrome because the symptoms of this medical condition are similar to symptoms of other medical conditions.
The insurance company will hire an expert witness to perform an Independent Medical Evaluation (IME). Despite the name, there is nothing independent about these evaluations. Often, they are short exams conducted by a doctor with a longstanding relationship with the insurance company. Usually, they result in the conclusion that you do not suffer from post-concussion syndrome and are capable of working.
There is a risk that the judge or jury may find against you when there is conflicting medical evidence. This uncertainty is a major factor in deciding whether to accept a settlement or go to trial.
Mild traumatic brain injury is often called an invisible injury. That’s because those of you with post-concussion syndrome likely have no demonstrable abnormalities on diagnostic imaging tests such CT scans, MRIs, or electroencephalography.
The insurance company will make a big deal about this, arguing that there can be no injury without objective imaging supporting your claim.
The empirical evidence has debunked this argument—a concussion results in an objective brain injury. MRIs and CT scans aren’t sensitive enough to detect the damage in most cases.
The lack of objective findings on diagnostic imaging results in some people, including claim adjusters, judges, and potential jury members, believing there is nothing wrong with you. They may allege or think you are exaggerating your symptoms to receive more money or workers comp benefits. This type of exaggeration is called malingering.
Research shows these beliefs are unfounded. Malingering is rarely a cause of post-concussive syndrome. At least one study suggests that TBI patients with active workers compensation or personal injury litigation do not present with more symptoms than those who do not have open claims.
The most challenging post-concussion syndrome cases involve a victim with pre-existing headaches, depression, or anxiety. The insurance company will hire neurological experts to state that it is impossible to determine how much your pain, depression, or anxiety is related to the crash. And that you should receive no monetary damages because of this.
The best way to overcome this type of defense is through evidence and testimony showing how well you could function before the injury. For example, if you could work despite having headaches or depression before the car crash, but are now unable to, this is helpful.
Below are some of the factors I evaluate when calculating a post-concussive syndrome case’s fair settlement value under workers compensation and tort law.
Post-concussion syndrome may affect your ability to work and enjoy life for a long time. That’s why I recommend waiting at least one year to settle your brain injury case. You can – and should – file a claim for workers comp benefits or a civil action within the applicable statute of personal injury limitations. But don’t settle that quickly.
Of course, there are exceptions. In my experience, young adults between ages 18 and 30 usually recover from a concussion quicker. If you fall within this age range, it may make sense to settle sooner rather than later – when the insurer still thinks you may not have a full recovery.
Yes, if you prove you are eligible for disability benefits under the Social Security Act.
The general rule is that you can receive Social Security Disability for post-concussive syndrome if your symptoms prevent you from returning to your pre-injury job or performing a light-duty job, given your age, education, and work skills.
The older you are, the more likely it is you will qualify for Social Security Disability.
I handle car accident and workers comp cases involving catastrophic injuries such as post-concussion syndrome, amputation, spinal cord trauma, and burn injuries. Regardless of whether the Workers Compensation Commission or circuit court system has jurisdiction, I can get results for you.
Call today to see why my fellow attorneys and past clients have voted me one of the top work injury lawyers in Virginia: (804) 251-1620 or (757) 810-5614. I want to help you negotiate a post-concussion syndrome that provides financial security to you and your family.