Post-Concussion Syndrome Settlement Value in California
In California, the average post-concussion syndrome settlement value for a car accident is between $10,000 and $1,000,000 or more, depending on various factors.
It can be life-altering for those affected by this often-overlooked injury. Post-concussion syndrome (PCS), which arises from a traumatic brain injury like a concussion, impacts individuals physically, mentally, and emotionally.
While mild symptoms may be resolved over time, more severe cases of PCS can have lasting effects, leaving victims with ongoing medical needs, emotional distress, and financial strain.
If you’ve been in a car accident and are dealing with PCS, obtaining a settlement can make all the difference in your recovery. Here is a notable example of a concussion settlement we achieved for one of our clients:
- $4,000,000 settlement: A Los Angeles resident received a $4,000,000 settlement for injuries sustained in an auto crash, including PTSD and concussion.
Need a Settlement for Concussion in a Car Accident?
To qualify for a settlement related to a concussion or PCS from a car accident, we must show evidence of the injury and that the accident directly caused your symptoms.
California law also enforces a two-year statute of limitations for filing personal injury claims. Acting within this timeframe is essential for protecting your right to compensation.
If you feel you have grounds for a personal injury case, reach out to a California traumatic brain injury lawyer here at Feher Law
Types of Concussion Settlements in a Car Accident
Concussion-related settlement values vary based on injury type and severity. Here’s a closer look at specific types of settlements:
Mild Concussion Settlement Value
The average mild concussion settlement value in California is between $10,000 and $50,000. Settlements for mild concussions help cover immediate medical costs, short-term income loss, and necessary follow-up care.
While mild concussions are often resolved within a few weeks, these settlements are critical for offsetting financial burdens during recovery.
Post-Traumatic Vision Syndrome Settlement
In California, an average post-traumatic vision syndrome settlement is from $25,000 to $75,000.
Symptoms like blurred vision, light sensitivity, and difficulty focusing can stem from this condition, affecting daily activities and work capacity.
Settlements for post-traumatic vision syndrome encompass:
- Vision therapy costs
- Specialized treatments
- Compensation for limitations in work and quality of life
Concussion and PTSD Settlements
Typical concussion and PTSD settlements are from $385,000 to over $1 million. Severe cases can lead to long-term or permanent impairments and significant medical expenses.
These cases require additional treatment to address both physical and psychological trauma, covering therapy, emotional support, and the negative impact on relationships and lifestyle.
Average Pain and Suffering Settlement for a Concussion
The average pain and suffering settlement for a concussion in California is between $20,000 and $100,000. Compensation in this category accounts for the personal toll of enduring both physical pain and emotional distress due to concussion-related symptoms, including headaches, cognitive challenges, and anxiety.
For a deeper insight into how we can secure you a higher settlement than you might expect, contact a Huntington Beach traumatic injury lawyer today.
How to Maximize Your Concussion Car Accident Settlement Amount
Achieving the highest possible concussion car accident settlement amount requires taking several proactive steps:
- Collect and Organize All Documentation: Keep records of accidents, injuries, and medical consultations. Documenting everything provides a clear history and evidence of your injury, reinforcing your claim.
- Consult a Qualified Attorney at Feher Law: Our attorneys have experience in concussion and brain injury cases and can guide you through the legal processes, ensuring your rights are protected and advocating for the best possible outcome.
- Establish Comprehensive Medical Evidence: Medical reports, imaging, cognitive assessments, and testimony from your healthcare providers are key to substantiating your claim. Detailed medical evidence can establish the long-term impact of your injury and support a larger settlement.
- Avoid Quick Settlement Offers: Insurance companies often aim to close cases quickly and may offer low settlements. Consulting with our attorney before accepting offers can prevent undervaluing your claim and ensure you receive fair compensation.
Following these steps is essential to securing a fair settlement for a concussion in a car accident. Working closely with a personal injury attorney from our law firm ensures you have the support to protect your claim’s value.
Factors Influencing the Average Settlement for a Concussion in a Car Accident
Multiple factors influence concussion settlements:
Severity of Symptoms
The duration and intensity of concussion symptoms—such as memory problems, headaches, dizziness, and vision issues—greatly affect settlement amounts. Cases with more persistent or severe symptoms often warrant higher compensation for extended recovery times and greater impact on daily life.
Impact on Daily Life
Concussions, particularly post-concussion syndrome, can have an impact on work, family life, and recreational activities.
If you cannot perform many previous activities, your settlement value may increase because it demonstrates how significantly the injury altered your life and independence.
Medical Expenses
The cost of medical care has a significant impact on concussion settlements. The costs cover aftercare, rehabilitation, and future medical needs. Growing medical bills increase the likelihood that your settlement will meet these needs.
Loss of Income and Earning Capacity
Settlement calculations often include compensation for lost income if you cannot perform your job during recovery. Additionally, if your concussion results in long-term cognitive or physical limitations, it may affect your future earning capacity.
This loss of earning potential is a critical factor in a settlement, as it considers the financial challenges you may face due to limited career options or reduced work hours.
By accounting for both immediate lost wages and projected future losses, a comprehensive settlement aims to provide fair compensation for the economic impact of your injury.
Our San Bernardino brain injury lawyers are available today for a free consultation to help get you the maximum injury settlement you deserve.
California Car Accident Laws Affecting Concussion Settlement Amounts
California has specific laws that influence settlement amounts for concussion-related car accidents:
- Comparative Fault Rule: If you share responsibility for the accident in California, your settlement may be reduced based on your fault percentage. For instance, if you are found to be 20% at fault, your final compensation may be reduced by that same percentage.
- Statute of Limitations: California enforces a two-year statute of limitations for personal injury claims. Filing within this timeframe is vital to preserve your right to compensation. Miss this deadline and you won’t be able to file a claim.
- Mandatory Insurance Coverage: California’s mandatory insurance coverage requires drivers to carry a minimum of $15,000 for bodily injury per person, $30,000 per accident if multiple people are injured, and $5,000 for property damage. However, if the at-fault driver’s insurance is insufficient, your uninsured/underinsured motorist (UM/UIM) coverage may cover the remaining damages.
The Process for a Car Accident Concussion Settlement
Securing a concussion settlement involves several critical steps. Here’s what to expect:
- Initial Consultation and Case Assessment: During the first consultation, our attorney will review the accident details and examine medical records. This step provides insight into your case’s strengths and helps outline a legal strategy.
- Evidence Collection and Documentation: Essential evidence, such as accident reports, medical records, and witness statements, is collected to support the claim. Our attorney will guide you in compiling this documentation.
- Filing an Insurance Claim: With evidence ready, your attorney files a claim with the at-fault party’s insurance. This involves submitting a demand letter outlining your damage, including medical expenses and lost wages.
- Settlement Negotiation: Negotiations with the insurance provider aim for a fair settlement. Our attorney handling your case will advocate on your behalf, ensuring that the proposed compensation aligns with the full scope of your losses.
- Litigation if Necessary: Your attorney may recommend filing a lawsuit to pursue appropriate compensation if a fair settlement cannot be reached.
Challenges in Pursuing a Post-Concussion Syndrome Car Accident Settlement
Pursuing a post-concussion syndrome (PCS) car accident settlement can be complex, given the unique nature of the injury. Post-concussion syndrome often involves subtle, long-lasting symptoms that may be difficult to prove without thorough medical documentation.
Proving the Injury
One of the biggest challenges in PCS cases is the “invisible” nature of concussions. Unlike broken bones or lacerations, which show up clearly on imaging tests, concussions, and their aftereffects don’t always leave visible traces.
Symptoms such as headaches, memory issues, and mood changes can be debilitating but are difficult to capture on standard imaging scans. Detailed medical evidence, including diagnostic tests and evaluations, is essential to substantiate a PCS claim.
Comprehensive documentation from neurologists, cognitive testing, and ongoing reports of symptoms can strengthen your case by clearly demonstrating the connection between the car accident and the persistent concussion symptoms.
Delayed Symptoms
Unlike some injuries that manifest immediately, PCS symptoms can appear days, weeks, or even months after the initial accident. This delayed presentation often makes it harder to link symptoms directly to the accident, as insurers may argue that they are unrelated or due to other causes.
Additionally, claimants may initially feel fine but later develop dizziness, sensitivity to light, or fatigue. The timing of these symptoms can cast doubt on their validity in the eyes of the insurance company, making it essential to seek medical attention promptly and report all symptoms as they arise.
Dealing with Insurance Companies
Insurance companies can make it hard to settle claims for post-concussion syndrome. Because the injury is complicated and symptoms may be subjective or come and go, insurers may question the severity of the concussion or the treatment.
To lower payouts, insurance adjusters often say that pre-existing conditions cause symptoms or don’t say how much the condition affects daily life. In a PCS case, a good lawyer can help you fight these strategies, present strong evidence, and ensure the insurance company pays for all your injuries.
This is where having a Torrance traumatic brain injury lawyer on your side is vital.
The Vital Role of Medical Evidence in a Concussion Lawsuit Settlement
Settlement claims for concussions, especially PCS claims, are based on medical evidence. You need independent medical records and expert testimony to determine how bad the injury is and its long-term effects.
PCS cases need two pieces of medical proof:
- Diagnostic Tests and Evaluations: Normal imaging may not be able to find concussions, so other tests are needed. MRIs, cognitive tests, and balance tests can show how bad an injury is. These tests help prove claims by showing symptoms in a real way.
- Expert Medical Testimony: Neurologists and neuropsychologists are examples of experts who can help your PCS case. These professionals can explain what care is needed and how the injury impacts mental health, well-being, and emotional stability. Most of the time, you need an expert to prove PCS symptoms and get a bigger settlement.
Key Takeaways
It’s hard to get a fair settlement for this kind of car accident because the symptoms of post-concussion syndrome are often mild, and the effects of the injuries are hard to prove.
To strengthen your case, you should act quickly, get medical proof, and seek our expert legal counsel. Our skilled lawyers can also help you get fair compensation and keep records of your injury.
How Our Experienced California Personal Injury Lawyers Can Help
At Feher Law, our team of skilled personal injury attorneys understands the unique challenges that concussion and post-concussion syndrome cases present.
We are dedicated to securing the best possible outcome for our clients, from obtaining critical medical documentation to negotiating with insurers who may undervalue the injury.
If you’re facing ongoing PCS symptoms after a car accident, don’t navigate the claims process alone.
Contact Feher Law today for a free consultation, and let us help you obtain the compensation you deserve for your recovery journey.
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