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How Much Is the Average Post-Concussion Syndrome Settlement?

how-much-is-the-average-post-concussion-syndrome-settlementWhen our New York personal injury lawyers seek compensation for a client based on their post-concussion syndrome diagnosis and related expenses, we use the facts of their case to develop a compelling argument for an maximum payout. Because each case is different, the outcome—and the ultimate settlement value—is also unique. Your case will also be unique and so will the final value of your damages. Due to all of the factors specific to your case, we will only be able to tell you how much your case might be worth after discussing the details with you. However, we will explore some of the avenues open to you for compensation and other frequently asked questions as you continue to read this page. 
Edward Friedman
REVIEWED BY Edward Friedman June 21, 2024
In This Article
Reading time: 5 minutes
  1. What Types of Damages Are Recoverable in a Post-Concussion Syndrome Case?
  2. What Factors Affect a Post-Concussion Syndrome Settlement?
  3. How Do I Recover Money Based on My Post-Concussion Syndrome Diagnosis and Related Costs?
  4. How Will an Attorney Help With My Post-Concussion Syndrome Case?
  5. Talk to Our Personal Injury Lawyers Today for Free

What Types of Damages Are Recoverable in a Post-Concussion Syndrome Case?

When you trust your injury case to a personal injury attorney, you want them to hold the at-fault party or parties accountable, handle your claim, and recover the maximum compensation possible. As a part of navigating the claims process, they must identify, document, and value your expenses and losses. This is a crucial step for recovering the compensation you need and deserve based on your case facts. Recoverable expenses and losses could vary in these cases but often include the following types of damages:
  • Current and future pain and suffering and other non-economic damages
  • Current and future medical care and support costs
  • Current and future lost income
  • Reduced earning capacity for significant lasting injuries
  • Miscellaneous expenses and losses, with documentation

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What Factors Affect a Post-Concussion Syndrome Settlement?

The factors affecting a payout in a post-concussion syndrome case are almost endless. Everything from when, where, and how your injuries occurred could play a role. The liable party could matter, too. There are often limits on how much you can recover if a municipality or county government agency is responsible, for example. Post-concussion syndrome generally occurs when mild (or more severe,) traumatic brain injury (TBI) symptoms last three months or longer. These symptoms and their severity can vary widely. This plays a significant role in the potential value of your case. Some symptoms could require ongoing care and support, make it impossible to continue to work your job, and cost you thousands in out-of-pocket expenses. This could include:
  • Headaches
  • Dizziness, loss of balance, difficulty with coordination
  • Issues with concentration and focus
  • Memory concerns
Your symptoms and how long they lasted—or if they are expected to continue—affect the value of your case. So does the strength of the evidence against the at-fault party, your previous income, the necessary treatment you underwent, and your estimated future care costs. 

How Do I Recover Money Based on My Post-Concussion Syndrome Diagnosis and Related Costs?

The best resource to help you recover money based on your post-concussion syndrome diagnosis and damages is a personal injury lawyer. Law firms focused on personal injury cases handle cases for clients after: Personal injury lawyers are often able to negotiate appropriate compensation for clients based on their expenses and losses. This requires them to file an insurance claim with the at-fault party’s insurance carrier, provide evidence to support the claim, and demand a payout congruent with their damages. Then, negotiations begin. When negotiations do not yield an appropriate outcome, or there are other reasons why a personal injury lawsuit is necessary, your attorney can file a civil suit based on your post-concussion syndrome and related damages. These cases often still settle before the trial date arrives. If not, your lawyer will represent you at trial and present evidence to the judge and jury. Deadlines apply for filing a lawsuit in New York. If you miss the deadline applicable to your case (as an example of a statute of limitations that may apply to your case, see New York Civil Practice Laws & Rules § 214,) you could lose the right to sue. Your attorney will ensure this does not occur as long as they are representing you in time to do so. Please note the statute linked above is for information purposes only. While it is a commonly applicable statute of limitations, a shorter statute of limitations may apply to your case.  That is why a careful review of the facts and circumstances of your case by an experienced personal injury lawyer is strongly recommended.

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How Will an Attorney Help With My Post-Concussion Syndrome Case?

When you work with a personal injury lawyer to handle your post-concussion syndrome case, you will focus on your physical recovery while your attorney takes care of everything else. You do not have to try to gather evidence or navigate the claims process. Instead, continue undergoing medical care or return to your previous activities, whichever your condition allows. Throughout this time, your attorney will do the following:
  • Keep you updated on your case
  • Identify the liable parties
  • Communicate with all parties for you
  • Gather evidence and build a compelling case
  • Determine a value for your case
Your attorney will interview eyewitnesses, obtain documents, and call in expert witnesses to help with your case. This could include medical experts, vocational rehabilitation specialists, life care planners, and economists. Personal injury law firms generally work based on contingency. They do not ask clients to pay anything upfront for their services. They receive a portion of the compensation they recover for their clients at the conclusion of the case. If they do not win, they do not get paid. Most also offer a free initial consultation for potential clients.  

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Talk to Our Personal Injury Lawyers Today for Free

At Friedman & Simon, L.L.P., our personal injury attorneys are passionate advocates for the injured. We fight for the financial recovery our clients deserve, holding the at-fault parties legally responsible for the expenses and losses our clients suffered. We provide free consultations and go to work on cases without charging upfront fees. We work based on contingency.  Our multilingual staff (Spanish, Greek, Bengali, Tamil, and Kannada) can discuss your case with you in a language you are most comfortable with. We will meet with you anywhere in the New York metropolitan area. Contact us today to get started. Call for a free consultation or use our online contact form.

Call or text (516) 932-0400 or complete a Free Case Evaluation form