Can You Sue for Post-Concussion Syndrome?
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Can You Sue for Post-Concussion Syndrome?

Los Angeles Personal Injury Attorney- Andrew L. Ellis Andy Ellis is one of the most successful Personal Injury Lawyers in California. Meet Mr. Ellis and find out how he helps his clients who have a personal injury case.

If you suffer a head injury due to the negligence of another person, you could sue them for damages related to post-concussion syndrome. Post-concussion syndrome is the term used for concussion symptoms that persist despite evidence that the brain has healed from its injuries.  

If you are living with the symptoms of post-concussion syndrome, you might be entitled to compensation. Like with any injury claim, you are entitled to file suit against the person whose negligence caused your injury. Reach out to a Los Angeles traumatic brain injury lawyer to discuss your options.  

What is post-concussion syndrome? 

As the name implies, post-concussion syndrome is a medical condition that can occur following a head injury. These injuries typically result from concussions but could stem from any form of traumatic brain injury. Unlike some symptoms which go away in time, post-concussion syndrome involves health consequences that remain even after the injury itself has healed.  

Not every person that suffers from brain trauma will develop post-concussion syndrome. However, some people may be more likely to suffer from this condition than others. Those with a history of headaches or brain injuries are more likely to suffer from post-concussion syndrome. The same is true for young children, the elderly, and women.  

Diagnosing post-concussion syndrome 

Diagnosing post-concussion syndrome can be challenging. After all, the symptoms of a brain injury can be difficult to identify and do not always manifest immediately. There is also no simple diagnostic test available for diagnosing this disease.  

For that reason, diagnosing post-concussion syndrome mostly relies on identifying symptoms of the condition. This could be done through direct observation or by evaluating the results of a CT scan or MRI. The most common symptoms of post-concussion syndrome include: 

  • Insomnia 
  • Drowsiness 
  • Dizziness  
  • Headache 
  • Cognitive issues 
  • Depression 
  • Irritability 
  • Anxiety 
  • Personality changes 

It is important to remember that no two people will show the same symptoms of post-concussion syndrome. Some might live with insomnia while others might remain drowsy. A traumatic brain injury attorney could help you pursue a legal claim for any of these symptoms. 

Proving liability for post-concussion syndrome claims 

As with any injury claim, you must establish negligence in order to recover compensation for post-concussion syndrome. Proving negligence requires four elements: duty, breach, causation, and damages. 

  • Duty. Establishing a duty of care is the first step in proving a post-concussion syndrome case. The duty of care will vary from one case to another. It could involve a driver’s duty to operate their vehicle safely or a property owner’s duty to remove hazards from their property. 
  • Breach. The second step requires proof the duty of care was breached. A breach of the duty of care could result from any careless, intentional, or reckless action that results in head trauma.  
  • Causation. Causation is the third step in establishing negligence. It is the link between a plaintiff’s injuries and the negligent conduct of the defendant. This step is necessary as the liable party is only on the hook for damages they are directly responsible for.  
  • Damages. The final step requires proof that the plaintiff suffered measurable damages. This step can be challenging in a post-concussion syndrome claim. This is due to the difficulty of identifying the symptoms of post-concussion syndrome. Unlike a broken bone or open wound, there is no visible evidence of this condition. While expert medical witnesses could testify that the condition occurred, a jury will not be able to see it for themselves.  

Discuss your post-concussion syndrome claim with an attorney 

Pursuing a claim for post-concussion syndrome can be challenging. Proving that the injuries exist can be difficult, especially when these symptoms develop days or weeks after an injury occurs. In these cases, the guidance of Los Angeles accident lawyers could be vital in pursuing your claim.  

The team at Ellis Injury Law understands how to take on the challenge of post-concussion syndrome claims. To discuss your case, schedule a free consultation today.