Determining Liability for Post-Concussion Syndrome

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Concussions are frequently seen by a truck accident attorney after trucking accidents, but determining liability requires documented medical evidence. Since post-concussion syndrome presents complex symptoms, diagnosis must be proven and the condition must be shown to be caused by the accident.

What is Post-Concussion Syndrome?

Typically, the onset of post-concussion syndrome occurs within a week or so of a brain injury and clears up in about three months, but in some cases, the patient’s symptoms can last for weeks, months, or even years after the concussion. Post-concussion syndrome symptoms are similar to those of a mild concussion, but they may also include complications such as dizziness, headaches, irritability, anxiety, fatigue, insomnia, memory loss, sensitivity to noise and light, and behavioral or emotional changes. Approximately 10 percent of people who suffer concussions in an accident handled by a truck accident attorney will suffer from post-concussion syndrome.

Post-concussion syndrome is one possible result of traumatic brain injury and unpredictable symptoms can significantly affect a person’s physical, mental and economic health. Since the symptoms and severity of post-concussion syndrome vary from person to person, there is no definitive course of treatment or timeline for recovery. Medical care often includes:

  • Extended bed rest
  • Medication
  • Cognitive therapy to restore memory loss
  • Vestibular therapy to restore balance
  • Physical therapy to restore strength
  • Psychotherapy

Determining Liability

Negligence or intentional harm determines liability in an auto or trucking accident. Negligence refers to the failure of a person or group of people to exercise a reasonable standard of care or precaution to prevent the accident. If a person is injured in a trucking accident caused by a negligent driver, that driver would be liable for injuries, including post-concussion syndrome caused by the accident. That driver would also be responsible for damages including medical expenses, lost wages and pain and suffering caused by the head trauma or brain injury.

When filing a personal injury claim for post-concussion syndrome, documented medical evidence is necessary to prove the case. A person can only claim damages for post-concussion syndrome as part of a personal injury case if his/her physician states in the medical records that it is caused by the accident. A potential problem with claiming damages for post-concussion syndrome is complex and vague symptoms, so some physicians may be hesitant to diagnose the condition. Because post-concussion syndrome presents complex symptoms, a truck accident attorney may be required to file a personal injury claim or lawsuit to recover damages.