Concussions are common. It is not only incurred through playing football or getting involved in fights. Concussions may also be one of the results of falls and car accidents.
Most cases of concussions do not affect a person’s consciousness. In fact, the most common symptoms only include the inability to concentrate, headache, impaired memory and judgment, as well as affected balance, gait, and coordination. Almost everyone who has experience concussions have recovered fully. However, there are some cases where post-concussion syndrome (PCS) may occur.
PCS is a characteristic diagnosis of people with mild brain injury. According to statistics, PCS annual incidence is 150 in every 100,000 people. Extremely dangerous, there are patients who will experience coordination problems that will become a major reason for being unable to earn a living. The most reason for being injured with PCS is an auto accident, although there are recorded accidents in the workplace, household, or public places, too.
What to do if you are a PCS patient?
Claim a compensation. This is the first and most important thing to do. You can prove your injury through the testimony of either you or your doctor. Your attending physician’s statement will prove in court that you are suffering from post-concussion syndrome after the injuries you sustained. Your doctor can also testify that your concussion resulted from an accident.
The jury, on the other hand, needs to review the symptoms, the length of time by which you have experienced the symptoms, and the daily functions that you were not able to perform because of it. Generally, the jury or the judge must know how your life was affected by the accident.
What factors are considered in the amount of claim received?
If the injury occurred either through a car accident or in a workplace, the law will automatically protect you. Your auto insurance or your workers’ compensation insurance is required to compensate you for the medical expenses. The compensation will cover emergency room treatment, the diagnostic tests, doctor’s follow-up checkups, medications for pain relief such as anti-hypertension, antidepressants, and antiepileptics, physical therapies, and surgeries if there were.
For personal injury claims, on the other hand, the claim amount will largely depend on your life expectancy, your ability to communicate, behavioral abnormality, your risk of being epileptic, the limitation following the incident, inability to work, and how severe the injury is.
On top of the accident claim, compensation for suffering and pain is also encouraged. You will need the testimony of your doctor to prove that you have suffered from concussion and PCS, the injury was caused by the accident, and that the symptoms thereafter are primarily caused by the head injury.
Why should you hire a personal injury lawyer for PCS cases?
The problem with claiming PCS damages is the symptoms – it is sometimes vague. In fact, any reasonable physician cannot determine in one instance whether a patient has PCS or not. Therefore, the settlement of a PCS case will run into several issues.
For one, since PCS is not clear in terms of characteristic symptoms, insurers most of the time do not offer reasonable claims. When this happens, the case will go to trial.
Another problem is the doctor’s opinion on PCS. The jurors understand that the doctors of the insurance companies generally disagree with the patient’s physicians. However, if the treating physician disagrees with you having PCS, the jurors will doubt you.
An expert personal injury attorney will help you and all those who have experienced traumatic brain injury accidents. If you have suffered because of a head injury because of another person, call a skilled attorney today.