As experienced personal injury attorneys in St. Louis, our team knows how to navigate the legal complexities surrounding misunderstood conditions like post-concussion syndrome. Need legal assistance? Contact Tom Wilmowski to schedule a free case evaluation.
In the wake of a serious accident, you may discover several injuries. While some injuries heal over a relatively short period of time, others require a longer recovery period. Certain types of injuries, however, continue far beyond what you ever expected was possible, and make you wonder if they’ll ever leave. One of these conditions is known as post-concussion syndrome (PCS).
If you or a loved one sustained a concussion in a serious accident and have yet to recover from the symptoms, you may be experiencing PCS. Your medical treatments for this condition (along with the range of economic and non-economic losses you’ve already sustained) can put you in a vulnerable financial position. Don’t despair—you may be eligible to pursue compensation.
This article will explain the increasingly common accident injury known as post-concussion syndrome, including its symptoms, treatments, and legal considerations. Keep reading to learn about the many benefits of partnering with a post-concussion syndrome attorney to build your injury case.
What Is Post Concussion Syndrome?
Almost 29 percent of adults surveyed reported experiencing a concussion in their lifetime, according to a 2020 study. Far from rare, concussions can occur whenever a person’s head jerks violently back and forth, such as in a car accident. Despite being a mild traumatic brain injury (TBI), most concussions have only transient symptoms and resolve completely within two weeks.
However, for certain unlucky individuals, concussion symptoms linger on for months and even years. This is called post-concussion syndrome (sometimes post concussive syndrome) and its symptoms vary widely, affecting functions in the body, brain, and mind. Patients typically receive a PCS diagnosis when their concussion symptoms persist for longer than six weeks after the original injury, although PCS can last much longer.
Post-Concussion Syndrome Symptoms
Common symptoms of post-concussion syndrome are the same ones seen in regular concussion cases; the only difference is that PCS symptoms can last much longer.
Although loss of consciousness following an impact to the head is a good indicator of a concussion, you don’t need to lose consciousness to experience a concussion. In fact, you can sustain a concussion without having any obvious symptoms (although there are many telltale signs). Concussion symptoms, including PCS symptoms, typically fall into the following four categories:
- Physical symptoms, including headaches, balance problems, fatigue, nausea, coordination issues, and difficulty sleeping (whether sleeping too little or too much)
- Sensory symptoms, such as light sensitivity, blurred or double vision, dizziness, vertigo, difficulty seeing at night, and difficulty reading, following objects, or seeing things up close
- Mental symptoms, including amnesia, concentration impairment, brain fog, memory loss or other memory problems, and slowed thought processes
- Behavior symptoms, including irritability, uncharacteristic depression, anxiety, agitation, restlessness, mood swings, and thoughts of self-harm or suicide
Some people are more likely to develop PCS than others, including those who have suffered past concussions or head injuries, as well as people with more severe and numerous concussion symptoms. Certain conditions, such as attention-deficit/hyperactivity disorder (ADHD) and bipolar disorder can also increase a person’s risk for developing PCS.
Treatment for Post-Concussion Syndrome
Concussions (including PCS) are not curable and have no direct treatment. While most people are able to recover with rest and by reducing stress, post-concussion syndrome can be debilitating for some injury victims. Most medical experts will “treat” PCS by managing its symptoms. As symptoms fall into various categories, this may require seeing a range of specialists, such as psychiatrists, neurologists, and primary care providers. Certain medications, including antidepressants, may also help ease the symptoms.
Determining Liability for Post-Concussion Syndrome
If you were injured in an accident caused by someone else and developed PCS as a result, you may be eligible to pursue compensation through a personal injury lawsuit. In order to do so, you will need to determine liability. This process includes several key aspects, including the following:
- Duty of care. You will need to establish that the defendant owed you a duty of care, meaning they had an obligation to act (or not act) in a certain way to avoid causing you harm. For example, drivers have a duty to obey traffic laws to not cause an accident.
- Breach of duty. Next, you will need to prove that the defendant breached that duty of care through action or inaction.
- Causation. At this point, you will need to prove that their breach of duty directly caused the accident, demonstrating a clear link between the defendant’s actions and the accident.
- Damages. Lastly, you will need to show that you suffered actual damages as a result, i.e., pain and suffering, medical bills, and other PCS-related losses.
Missouri adheres to the legal concept of pure comparative negligence, meaning that a plaintiff can recover damages even when they are partially at fault for the accident. However, the compensation a plaintiff receives will be reduced by their percentage of fault.
How to File a Post-Concussion Syndrome Lawsuit
As a type of personal injury lawsuit, PCS lawsuits require you to take numerous steps. Depending on the nature of your accident and the specifics of your situation, you may need to take the following steps with help from a Missouri accident attorney:
- Pinpoint the at-fault party, i.e., the person who caused your accident
- Gather evidence to support your claim, including photos, eye-witness testimony, police reports, medical records, bills, etc.
- Calculate your damages, including both economic and non-economic losses
- File the necessary forms and paperwork within Missouri timeframes
- Negotiate with the at-fault party’s insurance
- Draft and send demand letters
- Negotiate with the at-fault party to reach a fair compensation offer
- Take your case to court
Although you are not legally obligated to partner with a legal professional, attempting to file a personal injury claim on your own can be extremely difficult—especially when you’re still dealing with PCS. Fortunately, you don’t need to be wealthy in order to work with a top-tier personal injury attorney in St. Louis.
Like most personal injury attorneys, Tom Wilmowski operates on a contingency fee basis. That means if we decide to take on your case, you don’t owe us anything until—and unless—we win a settlement for you. Your post-concussion syndrome case matters to us, and we’re ready to fight for your maximum compensation.
Ready to get started? Contact Tom Wilmowski online to schedule a free consultation with a dedicated personal injury lawyer from our law firm.
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