Compensation for post-concussion syndrome is an important issue for anyone who suffers from a brain injury due to a personal injury accident. You may receive compensation for post-concussion symptoms if you have the long-term effects of a brain injury. However, there are some unique issues to be aware of as you claim a settlement value for symptoms of this nature.
Can You Sue for Post-Concussion Syndrome?
Yes, you can sue for post-concussion syndrome. You may receive financial compensation for the medical treatment and the suffering that comes with post-concussion syndrome. In order to sue, you must state that you have the syndrome in your legal documents. You must also present expert testimony that speaks to the symptoms, duration and suffering associated with your post-concussion syndrome.
How Do You Prove Post-Concussion Syndrome?
You prove post-concussion syndrome by presenting expert testimony of your injuries. Specifically, you must have an expert testify that you are likely to continue to experience symptoms in the future. They should detail the symptoms that they expect you to have, as well as provide a medical basis for their opinion. You prove post-concussion syndrome through medical evaluations followed by expert testimony of your likely symptoms and complications in the months and years to come.
Proving post-concussion syndrome is a complex issue in any case. In Nevada, having an expert to testify to your injuries and your likely complications far into the future is very important. It’s not enough for victims themselves to testify to their injuries and what they expect in the coming months and years. It’s also not enough to have a medical expert testify to the injuries that a person currently has. The medical expert has to testify specifically to the symptoms that the victim is going to have in the future.
Example of a Post-Concussion Syndrome Case
The Behr v. Diamond case illustrates the need to have an expert testify in a case involving post-concussion syndrome. In the Behr case, the victim was a passenger in a vehicle that struck a palm tree. The victim lost consciousness and had a seizure. As a result, the victim developed post-concussion syndrome.
The victim had an expert testify to their physical injuries. However, the expert didn’t talk about the victim’s future symptoms. They did not present information that talked about what the victim would likely experience in the future. The court said that testimony about current injuries is not enough to sustain compensation for post-concussion syndrome. There must be evidence that talks about the future.
In their opinion, the court said that it would not disrupt an award for damages where there is evidence of support for the award. Future damages, including damages for post-concussion syndrome, are possible, the court said. To have a case for post-concussion syndrome, the court noted that the victim must present expert testimony specifically about their future damages and likely symptoms. The victim’s own testimony is insufficient to sustain an award for future damages.
Symptoms of Post-Concussion Syndrome
After being injured in an accident, you may be wondering if you are suffering from post-concussion syndrome. Here are the symptoms of post-concussion syndrome:
- Light sensitivity
- Noise sensitivity
- Blurry vision
- Difficulty concentrating
- Trouble remembering facts
- Trouble concentrating
- Thinking difficulties
If you have any of these symptoms after an accident, you may be suffering from post-concussion syndrome and deserve compensation.
How Do You Identify Post-Concussion Syndrome?
To identify post-concussion syndrome, your doctor interviews you about your symptoms. They may conduct medical tests that include a CT or MRI scan for accurate imaging of your brain. Psychological evaluations may also be a part of diagnosing post-concussion syndrome.
A lot about post-concussion syndrome is unknown. We are still learning about the causes of the ailment. Doctors believe that the illness may be caused by damage to the nerves or disrupted body signals. They think that injuries may occur to the brain structure that result in the symptoms of post-concussion syndrome. Psychological elements may also be a part of the illness.
To identify post-concussion syndrome, your doctor will ask you about your symptoms. They may ask you to write down your symptoms over a period of time. Your personal injury attorney may help you document your treatment history. In addition, your medical care providers may testify about your injuries and future prognosis. A comprehensive approach to identifying, treating and presenting evidence about post-concussion syndrome is necessary to claim compensation.
Compensation for Post Concussion Syndrome
If you are hurt in a personal injury accident, you may suffer from post-concussion syndrome. If you do, you may qualify for financial compensation. Claiming compensation for post-concussion syndrome should be one part of a comprehensive evaluation of your injuries and illnesses.
Any personal injury claim may address both current and future damages. Don’t make the mistake of assuming that your personal injury claim can only include the emergency room bill or your losses up to the date of settling the claim. On the contrary, you may claim compensation for future damages like post-concussion syndrome.
Of course, there is a significant challenge in claiming future damages. You need to identify that you have future damages, and it’s essential to include those damages in your claim. If there’s even a chance that you might have future injuries, it’s important to recognize that and include it as part of your claim and your overall legal strategy.
Delayed Discovery Rule
Even if you got a late start to your legal claim and you’re just now realizing that you have post-concussion syndrome, it may still be possible to claim financial compensation. If you didn’t realize that you had injuries, you may extend the statute of limitations in order to file your claim.
However, it’s vital to contact a personal injury attorney as soon as possible. Your personal injury lawyer can help you identify the timeline that applies in your case and work to claim fair compensation for your post-concussion syndrome, as well as other injuries.
The legal team at Adam S. Kutner Accident & Injury Attorneys, is ready to help you fight for the financial relief you need now and in the future when suffering from post-concussion syndrome. Contact our Las Vegas brain injury attorneys today to get started.