Bringing a Post-Concussive Syndrome Lawsuit

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You or someone you know may have received a diagnosis of “post-concussive syndrome” following an injury.   Such injuries are a kind of traumatic brain injury, or TBI.  Concussions commonly occur in contact sports and motor vehicle accidents. Symptoms following a concussion typically include:

• Headaches and neck pain
• Dizziness
• Nausea and motion sickness
• Photosensitivity; and
• Insomnia and fatigue

According to Beth Israel Deaconess Medical Center, the persistence of symptoms defines post-concussive syndrome:

“As time passes, the relationship of symptom severity and the medical measures of brain injury becomes less certain. Many of the problems caused by the injury appear to persist even when brain recovery has taken place. Individuals who continue to report symptoms months after their injuries also commonly report emotional distress and poor physical functioning. The persistence of symptoms similar to the acute symptoms of concussion is called the post-concussion syndrome (PCS).”

People who suffer from post-concussive syndrome often experience cognitive and psychological symptoms. These symptoms include:

• Poor concentration and action lapses
• Memory problems, poor recall, and mental fatigue
• Anxiety
• Depression
• Irritability

Bringing a Post-Concussive Syndrome Lawsuit

If you are suffering from these injuries, you may consider bringing a post-concussive syndrome lawsuit. To succeed in such a case, it is necessary to prove that your injuries are real and long-lasting. Proving your injuries can be done through the testimony of family and friends, as well as through the testimony of expert witnesses. In a typical post-concussive syndrome lawsuit, a neuropsychologist will evaluate the plaintiff and administer a number of tests. These tests are designed to evaluate whether a person has sustained a traumatic brain injury and, if so, the extent of the injuries. Some factors to consider are:

• Time away from work
• Medical treatment, medication, and therapy
• Your future earning potential
• Increased stress in important relationships, for example your spouse
• Increased frustration in daily tasks and chores
• Memory loss

Issues in Post-Concussive Syndrome Lawsuits

One major issue in a post-concussive syndrome lawsuit is simply that the damages alleged (brain injury) typically cannot be “seen” in the same way as, for example, a broken leg can be seen. Insurance adjusters often undervalue post-concussive syndrome lawsuit claims, as these claims are not easily quantified in the same way as other bodily injuries. A person suffering from a concussion may not seek emergency medical care or require an ambulance. X-rays and MRIs typically will not reveal much if anything evidencing the presence of post-concussive syndrome. These challenges are one of the many reasons anyone considering a post-concussive syndrome lawsuit should contact an experienced brain injury lawyer.

What do I do if I’ve suffered a concussion?

Call the Nashville brain injury lawyers at David Randolph Smith & Associates.  Our personal injury lawyers can help you navigate this complex area of law.

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