Although there is no specific average settlement for post-concussion syndrome, several factors determine the ultimate amount paid in a concussion settlement, with the most common factor being the severity of symptoms experienced by the injured person.
While mild cases of post-concussion syndrome, which may be characterized by headaches, dizziness, anxiety, and traumatic stress that do not interfere with work or other activities, may result in settlement awards of between $20,000 to $80,000, severe cases that have resulted in chronic headaches, vision problems, and other debilitating symptoms that have impacted work performance and daily living may result in settlement awards of over $1 million. Settlement awards for concussion cases can be influenced by a variety of factors, including the length of time the injured person has been experiencing symptoms, the severity of symptoms, the extent to which symptoms have impacted the injured person’s ability to perform his or her job duties and engage in daily living activities, and the degree to which the injured person will require future medical care for his or her injury. While some people may experience lingering symptoms after a concussion that impact their work performance and daily living, others may suffer from symptoms that are so severe that they are unable to work or complete simple tasks.
A recent case illustrates the potential for significant compensation for a person who has developed post-concussion syndrome as a result of a motor vehicle accident. In this case, a woman who suffered a closed-head mild traumatic brain injury as a result of a car accident received a settlement award of $300,000 to compensate her for her ongoing symptoms of headache, dizziness, anxiety, and traumatic stress. The fact that she did not suffer from severe physical injuries, but continued to experience symptoms that interfered with her daily life, contributed to the high value of the settlement award. Another case highlights the potential for significant compensation for a person who has suffered severe injuries in addition to a concussion. In this case, a man who was struck by a negligent driver received a settlement award of $750,000 to compensate him for his severe injuries, including a concussion, and the driver’s liability for the severity of his injuries.
A study conducted by the American Association for Justice found that settlements for concussion cases were typically lower than settlements for other types of personal injury cases, with the average settlement for concussion cases being approximately $65,000. However, the study noted that many concussion cases result in significant financial losses for the injured person due to the loss of income and the cost of ongoing medical treatment. Therefore, it is essential to seek experienced legal representation to ensure that you receive the highest possible settlement award for your concussion case.
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Factors That Influence Post-Concussion Syndrome Settlement Awards
The amount of money a person receives in a concussion settlement award depends on a number of factors. One of the most important factors is the severity of the person’s symptoms. People who experience severe symptoms, such as chronic headaches or vision problems, tend to receive higher settlement awards than people who experience milder symptoms. Another important factor is the length of time the person has experienced symptoms. People whose symptoms have lasted for longer periods of time tend to receive higher settlement awards because their symptoms have had a greater impact on their lives. Finally, the degree to which the person’s symptoms have impacted their ability to earn a living is also an important factor in determining the size of their settlement award. People who have been forced to quit working because of their symptoms tend to receive higher settlement awards than people who have been able to continue working despite their symptoms.
Other factors that can contribute to a person receiving a higher settlement award include the presence of other complicating injuries, such as soft tissue injuries, and whether the person’s doctor believes that the person will require ongoing medical care as a result of their injury. Additionally, if the person was injured as a result of another person’s negligence, and the person’s insurance company does not offer enough money to cover the person’s costs, then the person may be able to file a lawsuit against the negligent person and recover more money in court.
How Settlement Awards Are Determined in Post-Concussion Syndrome Cases
The amount of money a person receives in a concussion settlement award is determined by the combination of three main factors: the severity of the person’s symptoms, the length of time the person has experienced symptoms, and the degree to which the person’s symptoms have impacted their ability to earn a living. In general, the more severe the person’s symptoms, the longer the person has experienced symptoms, and the greater the degree to which the person’s symptoms have impacted their ability to earn a living, the larger the settlement award will be.
When determining the amount of money to pay in a concussion settlement award, insurance companies use a variety of methods to evaluate the person’s symptoms and the impact of those symptoms on the person’s ability to earn a living. Some of the methods used by insurance companies include reviewing medical records and test results, evaluating witness statements, and conducting interviews with the person claiming the injury and anyone else who may have relevant information about the person’s symptoms and their impact on the person’s ability to earn a living.
When evaluating a person’s symptoms, insurance companies consider a variety of factors, including the severity of the person’s symptoms, the length of time the person has experienced symptoms, and the degree to which the person’s symptoms have impacted their ability to earn a living.
In addition to considering the person’s symptoms and their impact on the person’s ability to earn a living, insurance companies also consider a variety of other factors when determining the amount of money to pay in a concussion settlement award. Some of these factors include the presence of other complicating injuries, the cost of ongoing medical care for the person’s injury, and whether the person was injured as a result of another person’s negligence. By considering these and other factors, insurance companies are able to determine the correct amount of money to pay in a concussion settlement award. Ultimately, the goal of insurance companies when paying a concussion settlement award is to pay enough money to compensate the person for their injuries, but not so much money that it becomes financially burdensome for the insurance company.
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Factors That Can Impact a Person’s Ability to Receive Compensation for Post-Concussion Syndrome
While a person who suffers a concussion may be eligible for compensation for their injury, there are certain factors that can impact their eligibility for compensation. One of the main factors that can impact a person’s eligibility for compensation is the length of time the person experiences symptoms. While some people may experience lingering symptoms for extended periods of time, others may experience symptoms for shorter periods of time. The longer the person experiences symptoms, the more likely it is that they will be eligible for compensation for their injury.
Additionally, the severity of the person’s symptoms can also impact their eligibility for compensation. People who experience more severe symptoms, such as chronic headaches or vision problems, are generally considered to be more eligible for compensation for their injury. Furthermore, the degree to which the person’s symptoms impact their ability to earn a living can also impact their eligibility for compensation. People who are unable to work due to their symptoms are generally considered to be more eligible for compensation for their injury.
Finally, the presence of other complicating injuries can also impact a person’s eligibility for compensation for a concussion. People who have suffered multiple injuries in addition to a concussion may be eligible for compensation for all of their injuries, rather than just the concussion itself. However, the presence of complicating injuries can also make it more difficult for the person to prove that their symptoms are related to the concussion, rather than another injury.
Insurance Company Tactics
One of the main reasons why a person may not receive full compensation for their concussion injury is due to tactics employed by the insurance company handling their claim. While insurance companies are required to pay full compensation to individuals who have suffered injuries due to the actions of someone else, they often attempt to minimize the amount of money they pay out to injured parties. Some of the ways in which insurance companies may try to minimize the amount of money they pay out to injured parties include denying that the person was injured, disputing the severity of the person’s symptoms, and challenging the person’s medical bills.
Insurance companies may also attempt to settle the person’s claim quickly, without allowing them sufficient time to gather all of the necessary medical evidence and other documentation to support their claim. Additionally, insurance companies may offer to settle the person’s claim for less money than the person is entitled to receive, in order to avoid going to court.
In order to prevent insurance companies from taking advantage of them, it is recommended that people who have suffered concussions contact a qualified and experienced attorney as soon as possible to assist them with handling their claims. An attorney can help a person document their injuries, gather medical evidence to support their claim, and negotiate with the insurance company to ensure that they receive the full amount of compensation to which they are entitled.
Common Issues Found in Personal Injury Claims Involving Post-Concussion Syndrome (PCS)
Cases involving PCS frequently encounter the same challenges, such as delayed presentation of symptoms, tactics employed by insurance companies to limit payout amount,s and establishing the long term impact of the injury on the victim. Because the concussion symptoms often present late into the healing process, this complicates the evaluation and diagnosis of PCS, which makes it difficult to establish an association with the original injury. Insurance companies have many ways of limiting payment amounts, such as questioning the severity of the symptoms or stating they were caused by pre-existing conditions.
Establishing the long term effect of PCS is challenging because of the fluctuation of symptoms, and there is no visual evidence of the injury. Documenting each symptom, including the date and duration of the symptom, in a log format is necessary to build a solid case for compensation. Having knowledge of the difficulties and taking steps to prepare will enable injured individuals to obtain fair compensation for their injuries.
Delayed Symptoms
One of the most significant challenges in PCS cases is the delay in symptom presentation. The symptoms of a concussion usually occur after the accident and sometimes months later. As a result, it creates an issue of proving a direct correlation between the symptoms and the accident, which can create issues when filing a claim.
Preparing ahead for the possibility of delayed symptoms and creating a record of them will improve the opportunity of receiving compensation.
Insurance Company Tactics
Insurance companies have developed tactics to limit payments in personal injury cases. Two examples include questioning the severity of symptoms and claiming they existed prior to the accident. These tactics can dramatically affect the settlement in a case by reducing the claim’s value.
Being aware of these tactics will enable claimants to develop a strategy to counteract these tactics during negotiation discussions.
Proving Long-Term Effect
Establishing the long term effect of PCS can be difficult to demonstrate, particularly if the symptoms vary. A severe concussion can cause lasting effects, including PCS or permanent brain damage. Establishing the ongoing effects of PCS will require substantial medical proof and detailed documentation of how the injury affects the victim.
This documentation will be essential to receive fair compensation for the victim’s ongoing injury-related effects.
Seeking Medical Attention Following a Car Accident
Seeking medical attention immediately following a car accident is crucial to determine whether a concussion has occurred and to properly treat any injuries that have been sustained. A concussion is a very common injury resulting from the sudden and forceful impact of a car accident. If the concussion symptoms continue to worsen after the initial diagnosis, the individual should schedule an additional appointment with their physician to assess the severity of the concussion and potential brain injuries.
Obtaining early medical attention provides the injured party with the best opportunity to recover and to assist with a successful personal injury claim. Documentation of the injured party’s medical history beginning at the first visit to the physician and continuing through subsequent visits establishes a compelling basis for a personal injury claim and assists the injured party in demonstrating the extent of their injuries and receiving a fair settlement.
Initial Medical Evaluation
The typical first medical evaluation involves a comprehensive physical examination and may also include diagnostic testing using radiographic studies such as X-rays or MRI scans. The physical examination for concussion assesses an individual’s vital signs, balance, coordination, strength, reflexes, sensations, cognitive functioning, memory, and speech.
Documenting the individual’s first medical evaluation and subsequent follow-up evaluations will greatly enhance the individual’s ability to establish a credible personal injury claim and to obtain the appropriate medical treatment for their concussion.
Follow-Up Care
Continuing medical care is essential to ensure the individual suffering from a concussion receives adequate treatment to allow their body to fully recover. Many concussion symptoms can take several days or weeks to manifest; therefore, it is imperative for the individual to maintain regular follow-up appointments with their physician. Regular follow-up appointments allow the physician to monitor the individual’s symptoms and address any developing medical concerns.
Maintaining consistent medical attendance will provide the individual with substantial documentation to support their PCS claim, providing the individual with the greatest opportunity to receive fair compensation for their injury.
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Frequently Asked Questions
What Factors Influence the Amount of the Settlement Awarded for Post-Concussion Syndrome?
The settlement award for post-concussion syndrome is generally based upon the severity of the injury suffered, the cost of the medical treatment required, the impact the injury has had upon the individual’s quality of life, and the loss of income suffered by the individual. Other factors, including the presence of Post Traumatic Stress Disorder (“PTSD”) or other injuries, can contribute to an increased value of the claim.
How Can I Prove Post-Concussion Syndrome in a Legal Claim?
Proving post-concussion syndrome in a legal claim is dependent upon gathering extensive medical documentation, obtaining expert testimony, and gathering documentation to illustrate the impact of the symptoms experienced by the individual on his/her daily activities. Creating a consistent log of the symptoms experienced by the individual over time and obtaining comprehensive medical evaluations will both provide the individual with the strongest possible case.
Why Is It Important to Hire a Personal Injury Attorney to Represent Me in My PCS Case?
It is extremely important to hire a personal injury attorney to represent you in your PCS case as they will skillfully handle communications with insurance companies and negotiate a higher settlement for you than you would likely obtain yourself. Their experience and understanding of the system will most likely result in substantially greater compensation than what you would be able to obtain without representation.
What Are Common Challenges Experienced in PCS Cases?
Some of the common challenges encountered in PCS cases include delayed symptoms, insurance companies’ attempts to minimize payouts, and establishing the long term effects of the injury. To overcome these obstacles, it is essential to emphasize documenting symptoms and gathering substantial medical documentation.
What Should I Do Immediately After a Motor Vehicle Collision to Assist with My PCS Claim?
You should immediately seek medical attention to evaluate the potential existence of any injuries and to receive proper treatment for any injuries you may have sustained. Documenting all symptoms and medical evaluations will create a complete record of your medical history.
Last updated Thursday, February 19th, 2026
