A fair post-concussion syndrome settlement value considers medical expenses, future care needs, lost wages, non-economic damages like pain and suffering, and the overall impact the injury has on daily life.
However, even with clear evidence demonstrating someone else's liability and negligence, legal hurdles can complicate the process. Data across multiple studies suggests that a significant amount of personal injury claimants face disputes or delays that affect how much they actually recover.
So how do you make sure you're pursuing every dollar you may be eligible for under the law?
A free case evaluation with Car Crash Ash and the TBI lawyers at Rawlins Law Accident & Injury Attorneys can help clarify what factors should be included in your settlement, highlight where claims commonly get undervalued, and they can law.
Key Takeaways About Post-Concussion Syndrome Settlement Value
- San Diego sees a higher rate of traumatic brain injuries (TBIs) from rideshare and scooter accidents: With the city's growing reliance on alternative transportation, claims involving post-concussion syndrome often require navigating complex liability issues unique to these cases.
- Post-concussion syndrome may affect up to 30% of TBI victims: Studies show that a significant portion of individuals with mild TBIs develop long-term symptoms, underscoring the importance of pursuing compensation that accounts for ongoing care and quality-of-life impacts.
- California's fault-sharing laws can influence your compensation: Under comparative negligence rules, your settlement may be reduced by your percentage of fault, but you can still recover damages even if partially responsible.
- Insurance companies often undervalue claims involving invisible injuries: Symptoms like memory loss, anxiety, and dizziness are harder to quantify, making it crucial to work with a lawyer who can present compelling evidence to maximize your claim.
- Legal representation may increase settlement success rates: Research indicates that claimants with experienced legal counsel recover significantly higher settlements compared to those who handle claims independently, particularly in cases involving complex injuries like post-concussion syndrome.
What Is Post-Concussion Syndrome?
Post-concussion syndrome is a medical condition that continues to affect people weeks, months, or even years after a concussion or traumatic brain injury. It is often recognized by symptoms such as:
- ongoing headaches
- difficulty with memory
- behavioral changes
- dizziness
- anxiety that disrupts daily life and the ability to work
Accidents that commonly result in post-concussion syndrome include:
- car crashes
- bicycle collisions
- pedestrian accidents
- slips and falls or trip and fall accidents
- recreational sports injuries due to negligent equipment, maintenance, or safety
Additional factors, such as whiplash, prior head injuries, and certain underlying health conditions, can affect how PCS develops and its severity for the purposes of a claim.
When legal claims are built around post-concussion syndrome, the struggle is often in proving the true impact of invisible injuries and connecting them to the triggering accident. This is why documenting every symptom and the way it changes life after an accident matters.
Components That Influence a Post-Concussion Syndrome Settlement
Medical expenses
Medical expenses are often the foundation of a post-concussion syndrome settlement and reflect both immediate and long-term needs that come with this condition. Considerations for a claim may include:
- ER visits and diagnostic testing, such as MRIs or neurological evaluations
- Ongoing physical therapy, occupational therapy, or mental health counseling
- Medications, follow-up appointments, and specialist consultations
- Projected future treatments for lingering or worsening symptoms
Establishing a clear record of every medical expense can make a significant difference in recognizing the full financial impact of PCS and may be relied upon to demonstrate the ongoing nature of harm when seeking compensation.
Lost wages and earnings
When symptoms from PCS disrupt work life, the fallout can extend beyond missed days at work. The legal process can account for:
- Income lost during initial recovery and medical appointments
- Decreased ability to work full-time or advance in a career
- Temporary or permanent changes in earning capacity due to cognitive or physical limitations
Losses in earning potential can shape the value of a settlement and raise questions about the lasting economic effects of brain injuries on everyday life.
Non-economic damages
Some of the hardest losses to quantify after a PCS diagnosis are those that impact the quality of life, which is where non-economic damages are considered. These might involve:
- Persistent pain and headaches affecting daily routines
- Ongoing anxiety, depression, or memory struggles linked to the injury
- Reduced participation in hobbies, social outings, or family activities
These damages speak to the invisible weight of living with head injury symptoms and remind courts and insurers that fair compensation goes beyond bills and paychecks.
Liability and fault
The success of any settlement is shaped by legal questions of who caused the accident and how much responsibility is shared. Common liability factors include:
- Identifying negligence by drivers, property owners, or others linked to the incident
- Examining accident reports and gathering statements to support a claim
- Addressing comparative negligence, which may reduce compensation based on shared fault
Proving liability is at the heart of many PCS cases, highlighting the importance of legal guidance in unraveling responsibility in complex accidents.
How Is Post-Concussion Injury Settlement Value Calculated?
Working with a TBI lawyer can offer a valuable perspective when selecting and applying these methods, helping to position claims for the most accurate and persuasive settlement outcomes.
The multiplier method
Many PCS settlements are calculated by multiplying the total economic damages by a specific number that reflects the seriousness of the injury and its impact on daily living. This approach is used to arrive at a reasonable value for pain and suffering and may include:
- Multiplying out-of-pocket expenses like medical bills and lost income by a number between 1.5 and 5
- Choosing a higher multiplier for severe symptoms that interfere with work or relationships
- Considering future care costs if ongoing recovery is expected
Multipliers allow legal teams to translate real-life struggles into settlement figures, but choosing the right number often requires insight into how courts and insurers view these cases.
The per diem method
Another way to evaluate non-economic damages is by assigning a daily dollar value to pain and suffering caused by PCS, then multiplying that figure by the length of time symptoms persist. This method commonly includes:
- Setting a dollar amount, often based on daily wage or the seriousness of discomfort
- Calculating the total value based on medical records documenting symptom duration
- Using supporting evidence like personal journals, family statements, and treatment logs
This approach can highlight the human side of long-term injury, helping demonstrate the real impact PCS can have on a person's life and routine.
What Is The Role of A TBI Lawyer in Maximizing Post-Concussion Syndrome Settlement Claims
Proving the severity of PCS symptoms
Establishing the seriousness of post-concussion syndrome (PCS) symptoms is often one of the most challenging aspects of a claim. Unlike visible injuries, PCS symptoms require detailed medical evidence to validate their impact. Key steps in proving severity include:
- Gathering comprehensive medical records, including neurological evaluations and diagnostic tests.
- Securing reports from specialists, such as neurologists or psychologists, to substantiate claims.
- Documenting the progression of symptoms through personal journals or testimony from family members.
Legal professionals can help bridge the gap between medical evidence and legal requirements, ensuring that the full scope of your condition is recognized in settlement discussions.
Establishing long-term impact
PCS often results in lasting changes to a person's quality of life, which can be difficult to quantify without expert medical input. Building a strong case for long-term impact involves:
- Consulting with medical and vocational experts to assess future limitations.
- Highlighting how PCS symptoms affect daily activities, work performance, and relationships.
- Using evidence like employment records or personal statements to demonstrate the broader consequences of the injury.
By focusing on the long-term effects of PCS, a lawyer can help ensure that settlements account for both immediate and future challenges.
Combating insurance company tactics
Insurance companies frequently attempt to minimize payouts by questioning the legitimacy of PCS claims. Overcoming these tactics requires a strategic approach, including:
- Anticipating common arguments, such as claims of pre-existing conditions or symptom exaggeration.
- Presenting clear, organized evidence to counter disputes over liability or damages.
- Negotiating assertively to push back against lowball settlement offers.
A skilled lawyer can navigate these challenges, advocating for a settlement that reflects the true impact of PCS on your life.
Calculating damages in detail
Accurately valuing a PCS claim requires a thorough understanding of both economic and non-economic damages. This process often includes:
- Itemizing medical expenses, lost wages, and other tangible costs.
- Applying methods like the multiplier or per diem approach to calculate pain and suffering.
- Collaborating with experts to project future expenses and losses.
By meticulously calculating damages, a lawyer can help build a compelling case for fair compensation that addresses the full scope of your injury.
Signs Your Head Injury Claim May Be Undervalued
It's not uncommon for head injury claims, including those involving post-concussion syndrome, to be undervalued by insurance companies or opposing parties. This can leave victims without the necessary resources to recover fully.
If you suspect your claim isn't being taken seriously, watch for these warning signs:
- Low initial settlement offers: Insurance companies often start with offers that don't reflect the full scope of your medical expenses, lost wages, or non-economic damages.
- Disputes over liability: If the other party is questioning who was at fault, it could be a tactic to reduce or deny your claim.
- Minimal consideration of long-term costs: Claims that fail to account for ongoing medical treatments, therapy, or reduced earning capacity may not reflect the true value of your injury.
- Dismissal of non-economic damages: Pain, suffering, and emotional distress are often overlooked or undervalued in initial settlement calculations.
- Pressure to settle quickly: If you're being pushed to accept an offer before fully understanding your rights or the extent of your injuries, it's a red flag.
When claims are undervalued, it's often because the complexities of head injuries like post-concussion syndrome aren't fully understood or acknowledged.
Consulting with a lawyer experienced in traumatic brain injury cases can help you identify these issues and build a stronger case for fair compensation.
By addressing these challenges head-on, you can work toward a settlement that truly reflects the impact of your injury.
Post-Concussion Syndrome Settlement Value FAQs
What legal rights do I have if someone else's negligence caused my post-concussion syndrome?
If another party's negligence caused your injury, you may have the right to pursue compensation for medical expenses, lost wages, and non-economic damages. A lawyer can help you navigate the legal process and protect your rights.
How can I prove the connection between my accident and post-concussion syndrome?
Proving this connection often requires medical evidence, including diagnostic tests, medical reports, and expert testimony. A lawyer can help gather and present this evidence to strengthen your claim.
What happens if I share some fault for the accident that caused my injury?
In many states, you can still recover compensation even if you share partial fault. However, your settlement may be reduced by your percentage of responsibility. A lawyer can help clarify how fault-sharing laws apply to your case.
Are there time limits for filing a post-concussion syndrome claim?
Most states have statutes of limitations that set deadlines for filing personal injury claims. Missing this deadline can bar you from recovering compensation, so it's important to act quickly.
What should I do if the insurance company denies my claim?
If your claim is denied, a lawyer can review the denial, identify any errors or missing evidence, and appeal the decision. They can also negotiate directly with the insurer to pursue a fair resolution.
Contact Rawlins Law Accident & Injury Attorneys For Comprehensive Legal Support With Post-Concussion Syndrome Settlements
Post-concussion syndrome not only affects victims physically and emotionally but also presents legal and financial challenges when seeking compensation.
Understanding what goes into a PCS settlement can help you set realistic expectations about the fair value of your damages and losses.
Whether you are receiving low-ball settlement offers or outright being denied compensation, the legal team at Rawlins Law is ready to help. Contact us online or at (858) 529-5872 to schedule a free case evaluation exploring your legal rights and options.
Ashley Rae Rawlins
Founder and CEO - Car Crash Ash Accident Lawyer, APC
Personal Injury Attorney
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