Post-Concussion Syndrome Settlement Value: Understanding Your Rights and Options

Living with post-concussion syndrome (PCS) often feels like finding your way along a dark and frightening path. The persistent symptoms, the impact on your daily life, and the worry about your future can be uncertain and overwhelming.

If you’re struggling with PCS after an accident or injury caused by someone else’s negligence, you may wonder about your post-concussion syndrome settlement value. Questions our clients sometimes ask us are “How much is post-concussion syndrome worth?” or “How much compensation do you get for concussion?”

At Fuicelli & Lee, our Denver brain injury lawyers can help answer those questions. We are committed to helping individuals living with PCS and other forms of traumatic brain injury (TBI).

Our decades of experience handling cases for brain injury survivors and our firm’s founder’s personal experience with TBI have positioned us to connect with and help clients living with PCS and other brain injuries.

Schedule a Free Consultation Today!

What is Post-Concussion Syndrome (PCS)?

Before we jump into the legal aspects of post-concussion syndrome, understanding the condition and its implications on survivors adds context that will help you understand the potential value of a PCS claim.

Post-concussion syndrome is a complex disorder that can occur following a concussion or what doctors might diagnose as a mild traumatic brain injury (TBI). While a concussion is typically a short-term condition, PCS involves the persistence of concussion symptoms beyond the normal recovery period.

PCS can significantly affect various aspects of your life.

Common symptoms include:

• Persistent headaches
• Dizziness and balance problems
• Sensitivity to light and noise
• Nausea
• Blurred vision
• Fatigue and sleep disturbances
• Memory and concentration issues
• Mood changes, including irritability and depression

While some concussion symptoms appear immediately, others may not manifest for days or even weeks after the injury. Three common delayed symptoms include trouble sleeping, difficulty concentrating or remembering new information, and mood changes.

All of these symptoms can interfere with your ability to work, maintain relationships, and enjoy daily activities. Many PCS sufferers find themselves struggling to perform tasks they once found simple, leading to frustration and a reduced quality of life.

What is the new name for post-concussion syndrome?

In recent years, some medical professionals have begun using the term “persistent post-concussive symptoms” (PPCS) instead of PCS. This change reflects a growing understanding that these symptoms represent a continuation of acute concussion symptoms rather than a separate syndrome.

What is the longest post-concussion syndrome can last?

There’s no definitive upper limit to how long PCS can last. Some studies have reported cases lasting five, 10, or even 20 years. However, prolonged cases are relatively rare, and most people experience improvement over time.

Can you have post-concussion syndrome for life?

While most cases of post-concussion syndrome resolve within a few months to a year, some individuals may experience symptoms for years or even indefinitely. The duration and severity of PCS can vary greatly from person to person.

Patients with long-term PCS often struggle with work, relationships, and daily activities. The unpredictable nature of PCS can make it difficult to maintain normal routines or plan for the future.

Despite these obstacles, many people with long-term PCS find ways to cope and improve over time. With proper medical care and support, they can develop strategies to manage their symptoms and adapt their lifestyles. While recovery may take time, the brain’s ability to heal means that gradual improvements are possible for many patients, even years after the initial injury.

Does the brain ever fully heal after a concussion?

The brain has a remarkable ability to heal and adapt. Many people recover fully from concussions and even PCS. However, in some cases, there may be lasting changes or damage that the brain compensates for over time.

Ongoing research continues to shed light on the brain’s healing processes and potential long-term effects of concussions. Recent studies have shown that the brain’s recovery process can continue for months or even years after the initial injury.

This extended healing period involves neuroplasticity, where the brain forms new neural connections to compensate for damaged areas. While this process can lead to significant improvements, it also highlights the importance of proper care and management in the aftermath of a concussion.

Factors such as rest, gradual return to activities, and appropriate medical interventions can all play crucial roles in optimizing the brain’s natural healing abilities and minimizing long-term effects.

Diagnosis and Medical Treatment of PCS

Diagnosing PCS presents many challenges, as no definitive test can confirm its presence.

Doctors rely on a combination of clinical symptoms, patient history, and neurological examinations to make a PCS diagnosis. Physicians typically consider PCS when concussion symptoms persist beyond the expected recovery period of a few weeks to a month.

The injury’s invisible nature complicates diagnosis, requiring careful assessment of reported symptoms and their impact on daily functioning.

Neurologists employ a comprehensive approach to diagnose and manage PCS that includes:

1. Conducting detailed neurological examinations to assess cognitive function, balance, and sensory responses.
2. Reviewing the patient’s medical history, including the circumstances of the initial injury and the progression of symptoms.
3. Ordering and interpreting brain imaging studies, such as MRI or CT scans, to rule out other conditions rather than to directly diagnose PCS.
4. Performing neuropsychological tests to evaluate cognitive functions like memory, attention, and processing speed.
5. Prescribing medications to manage specific symptoms such as headaches, sleep disturbances, or mood changes.
6. Recommending appropriate therapies, including cognitive rehabilitation, vestibular therapy, or occupational therapy.
7. Monitoring the patient’s progress over time and adjusting treatment plans as needed.

These steps allow neurologists to build a comprehensive picture of the patient’s condition, which is important when the injury isn’t visible on standard imaging tests. By carefully assessing symptoms, tracking their progression, and ruling out other potential causes, neurologists can diagnose PCS and develop treatment strategies to support recovery.

Living with Post-Concussion Syndrome

PCS can significantly alter your life. PCS can affect work, relationships, daily activities, and overall well-being.

• Work: Cognitive symptoms may affect job performance, potentially requiring minor work adjustments in some cases to changing jobs or not working in others.
• Relationships: Emotional and behavioral changes can strain personal connections with family, friends, and partners.
• Daily Activities: Routine tasks may become more challenging due to persistent symptoms like fatigue, dizziness, or concentration issues.
• Physical Activities: Balance problems or an increased risk of further injury might limit engagement in sports or exercise.
• Cognitive Functioning: Memory issues and difficulty multitasking can complicate various aspects of daily life, from managing finances to following conversations.
• Sensory Experiences: Increased sensitivity to light and noise might make certain environments overwhelming, potentially leading to social isolation.
• Emotional Well-being: The ongoing struggle with symptoms can contribute to frustration, anxiety, or depression.
• Financial Impact: Reduced work capacity combined with ongoing medical expenses can create significant financial stress.

These impacts vary in severity and duration among individuals with PCS, with some experiencing significant disruptions while others face milder challenges.

Legal Aspects of Post-Concussion Syndrome Cases

Pursuing legal action for Post-Concussion Syndrome cases involves challenges that bridge both medicine and law.

Proving PCS often requires extensive medical documentation and expert testimony. The key difference lies in the duration of symptoms. A concussion usually resolves within a few weeks, while PCS symptoms persist for months or even years after the initial injury.

In legal proceedings, establishing a PCS case usually involves:

1. Detailed medical records documenting the initial injury and ongoing symptoms
2. Expert testimony from neurologists or other medical specialists to explain the condition and its impacts
3. Evidence of how PCS has affected the individual’s work, daily life, and relationships
4. Neuropsychological testing results showing cognitive impairments
5. Documentation of treatments attempted and their outcomes

PCS cases can be challenging due to the injury’s invisible nature. Unlike physical injuries that MRIs or other imaging can reveal, PCS diagnosis relies heavily on reported symptoms and functional impacts. This makes thorough documentation and expert testimony vital to building a strong legal case.

Factors Affecting Post-Concussion Syndrome Settlement Value

Several factors can influence the value of a PCS settlement:

1. Severity and duration of symptoms
2. Impact on work and earning capacity
3. Medical expenses, including past and future treatments
4. Age and pre-existing conditions
5. Liability and negligence factors
6. Quality of life changes

Each of these factors contributes to the overall picture of how PCS has affected your life and what compensation you may be entitled to.

How much is post-concussion syndrome worth?

Settlements for PCS cases can vary widely, ranging from a few thousand dollars to millions in severe cases. Every case is different, and settlement amounts depend on the specific circumstances of your injury and its impacts.

Average settlement values for cases in which the plaintiff displayed milder PCS symptoms would normally secure about $20,000 to $80,000 in compensation.

Cases involving what physicians believe to be more severe with long-lasting impacts may result in settlements of $125,000 up to $1 million or more. However, these figures are general estimates, and your case may fall above or below these ranges depending on its specific details.

Recently, Fuicelli & Lee represented a woman who was injured in a car accident on the I-70 in Denver. A distracted driver crashed into the back of her car, causing her to suffer migraines and other severe post-concussion symptoms.

The insurance company for the at-fault driver initially offered just $100,000. Recognizing the severity of our client’s injuries and their potential lifelong effects, Fuicelli and Lee fought tirelessly for the maximum compensation she deserved. The case went to trial and ended with a $1.8 million jury verdict.

This case demonstrates how proper legal representation can make a significant difference in the outcome of a PCS settlement. If you suffer from PCS, hiring a skilled and experienced personal injury lawyer to stand up to the insurance companies and demand your full and fair compensation is essential.

Schedule a Free Consultation Today!

What Damages Can You Claim for Post-Concussion Syndrome?

PCS can lead to a wide range of damages that may be eligible for compensation in a personal injury claim. These damages typically fall into two main categories: economic and non-economic damages.

Economic damages are quantifiable financial losses resulting from the injury, including:

• Medical expenses (past and future)
• Lost wages and reduced earning capacity
• Costs of therapy and rehabilitation
• Home modifications or assistive devices

Non-economic damages are less tangible but equally important, covering the personal impact of PCS:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium (impact on personal relationships)

How Does a Lawyer Determine the Value of Your PCS Claim?

Determining the value of a Post-Concussion Syndrome claim requires a comprehensive review of several factors. After determining what compensatory damages you can seek, your personal injury lawyer will examine the factors affecting their value.

Factors that can increase settlement value include:

• Severe or long-lasting symptoms
• Significant impact on career or earning potential
• The need for ongoing medical treatment or therapy
• Clear evidence of the defendant’s negligence

Conversely, settlement values may be lower in cases with:

• Mild or quickly resolving symptoms
• Minimal impact on work or daily activities
• Pre-existing conditions that complicate the case
• Shared fault or liability issues

Keith Fuicelli’s Journey from TBI Recovery to Informed Advocacy

Fuicelli & Lee’s founding partner, Keith Fuicelli, brings a perspective to PCS and other brain injury cases. In 2007, Keith suffered a traumatic brain injury when a car struck him while he was crossing the street. His recovery journey, which included days on life support and weeks in a coma, spanned two and a half years before he achieved a full recovery.

This experience has significantly influenced Keith’s approach to representing brain injury victims. He knows that his own past struggle with a TBI allows him to genuinely connect with clients facing the uncertainties that accompany serious brain injuries. This understanding drives his commitment to advocating for brain injury survivors.

Keith’s personal experience has shaped not just his own career but the ethos of our entire firm. We approach brain injury cases with a deep appreciation for the physical, cognitive, and emotional challenges clients face. This insight shapes our legal strategies and client support.

A Denver Personal Injury Lawyer with Fuicelli & Lee Can Help You

Living with post-concussion syndrome can be challenging, but you don’t have to face it alone. Understanding your rights and the potential value of your case is an important step toward securing your future.

At Fuicelli & Lee Injury Lawyers, we’re dedicated to supporting PCS survivors and helping them obtain the compensation they deserve. Our results demonstrate our commitment to our clients.

If you’re struggling with PCS after an accident or injury, call us at (303) 444-4444 or fill out our online contact form for a free consultation and we will reach out to you. We are ready to listen to your experience, evaluate your case, and guide you through the legal process.