Can You Claim for Post-Concussion Syndrome?

Post-concussion syndrome occurs when the symptoms of a concussion persist past the point when an individual usually recovers. There are multiple scenarios where you may be able to lodge a post-concussion syndrome claim.

We’ve written before about the symptoms of head injuries and the importance of seeking medical attention promptly. If your recovery isn’t progressing how you and your doctor would like, you may need to be evaluated for post-concussion syndrome.

Thorough diagnosis is critical for understanding the seriousness of the injury and the prospect of recovery. You should speak to a personal injury lawyer about your legal rights and options.

Henry Carus + Associates can help with your post-concussion syndrome claim. Call 03 9001 1318 today for a FREE, no-obligation consultation. Our personal injury lawyers serve clients in Melbourne and all of Victoria.

What Is Post-Concussion Syndrome?

Post-concussion syndrome, also known as postconcussive syndrome and persistent post-concussion symptoms (PPCS), is a condition categorised by prolonged recovery time after a concussion. Generally speaking, the symptoms of a concussion go away within 2–6 weeks. For people with post-concussion syndrome, however, symptoms may continue for weeks, months, or even years.

What Are the Symptoms of Post-Concussion Syndrome?

Symptoms of this syndrome tend to mirror those of the initial concussion, the difference being that they last longer:

• Chronic or frequent headaches
• Loss of balance, dizziness, and vertigo
• Visual disturbances, including blurry or double vision
• Fatigue
• Insomnia or sleeping excessively
• Tinnitus (ringing noise in the ears)
• Sensitivity to light and sound
• Brain fog; may result in memory loss, slowed thinking, and difficulty concentrating
• Changes in mood, including anxiety, irritability, depression, etc.

According to Connectivity Traumatic Brain Injury Australia, some research places the incidence of PPCS following a concussion at 53%. In other words, more than half of all people who sustain a mild traumatic brain injury may develop post-concussion syndrome.

Your Legal Options

From falls to motor vehicle accidents, there are a number of incidents that can lead to a concussion. In Victoria, injured people can turn to one of the following for legal recourse:

• Transport Accident Commission (TAC)
  • The TAC provides benefits for those injured in transport accidents. You can lodge a claim if you suffer a brain injury and post-concussion syndrome as a result of any of the following:
    • Car Accidents
    • Motorcycle Accidents
    • Truck Accidents
    • Pedestrian Accidents (provided a motor vehicle was involved)
    • Bicycle Accidents (provided a motor vehicle was involved)
    • Train, Tram, and Bus Accidents
• WorkCover
  • Benefits are available through WorkCover if you were injured at work. A variety of workplace accidents can result in head injuries, including falls, being struck by an object or equipment, etc.
• Wrongs Act 1958
  • The Wrongs Act is Victoria’s common law personal injury legislation. You can make a make a claim for post-concussion syndrome that arises from a head injury due to matters involving:
    • Public Liability
    • Medical Negligence

Each compensation scheme has distinct requirements. If you believe you have a post-concussion syndrome claim, it is of critical importance to consult a lawyer who is well-versed in the process and capable of advocating for a favourable outcome on your behalf.

Read More: Can I Claim Compensation for a Brain Injury?

How Do You Prove Post-Concussion Syndrome?

Post-concussion syndrome can be difficult to diagnose. This can make it challenging to prove your entitlement to compensation.

Receiving timely medical care and keeping all appointments with your doctors and other health practitioners can help provide a complete picture of any persistent post-concussion symptoms (PPCS). The evidence needed to prove your post-concussion syndrome claim may include:

• Emergency department records
• Notes from your GP
• Results of physical and neurological exams
• X-rays of your head and neck
• Computerised tomography (CT) scans
• Magnetic resonance imaging (MRI) of your brain
• Psychotherapy records, if you are exhibiting mental or behavioural changes

Because no single test can confirm that you have postconcussive syndrome, you will likely need to attend multiple medical appointments to obtain a diagnosis. This process is essential not only for proving that you have post-concussion syndrome but establishing the seriousness of your condition.

People who suffer a serious injury may be entitled to additional compensation under each of Victoria’s personal injury schemes. You can claim common law damages for serious injuries caused by someone else’s negligence through TAC and WorkCover, while sustaining a ‘significant injury’ is a prerequisite for claiming non-economic loss under the Wrongs Act.

We discuss the eligibility criteria for common law and non-economic loss claims on our blog:

Read More: Can You Sue for Personal Injury in Victoria?

What Is the Average Settlement for Post-Concussion Syndrome?

There is no ‘average’ settlement for post-concussion syndrome. A number of unique factors determine the value of your claim. These include:

• The day-to-day symptoms you experience
• Prognosis for recovery or improvement
• Whether your injury has stabilised
  • All three of Victoria’s compensation schemes require a claimant’s injury to be stable before claiming common law damages. This means that further improvement in your condition is unlikely.
• Necessary medical treatments, services, and supports
• Lost earnings to date
• Your ability to work in the future
• Issues of fault and contributory negligence

Contacting an experienced brain injury lawyer is the best way to ensure that any potential settlement offers are fair. Your lawyer can negotiate a settlement on your behalf and, if necessary, represent you in court proceedings if the claim doesn’t settle.

Does Post-Concussion Syndrome Qualify for Disability?

You may be entitled to disability benefits if post-concussion syndrome prevents you from working. Potential avenues for a post-concussion syndrome claim include:

• Centrelink: You may be entitled to a JobSeeker Payment if post-concussion syndrome ‘stops you from doing your usual work or study for a short time.’
• Income Protection Insurance: Often included in superannuation insurance, income protection cover provides monthly payments for several years if an injury or illness affects your ability to work.
• Total and Permanent Disability (TPD) Insurance: Generally included by default in superannuation policies, TPD insurance pays a one-time lump sum if you meet the insurer’s definition of Total and Permanent Disability. Brain injuries may qualify for TPD if they prevent you from working or living independently.

Speaking to a legal specialist is critical after a concussion. If your recovery is prolonged and you’re still experiencing symptoms that limit your ability to work and care for yourself, it is vital to explore all of your entitlements to financial support. This may include disability benefits, legal claims, or a combination of the two.

Get Help with Your Claim Today

At Henry Carus + Associates, we believe You Deserve More. Unlike many personal injury firms, we look at the person behind the injury. Not only does this enable us to represent our clients’ interests more effectively, but it allows us to identify all of the ways an injury may impact your life long-term.

Post-concussion syndrome can last for weeks or months after the original brain injury. In rare cases, it may be permanent. You deserve fair compensation to help you pay for medical supports and services, offset the loss of income, and make up for physical and emotional pain. A successful post-concussion syndrome claim can help you overcome these and other losses.

If you or someone you love is impacted by post-concussion syndrome after a transport accident, workplace accident, or an incident caused by someone’s negligence, call 03 9001 1318 today. Our brain injury lawyers serve clients throughout Victoria from offices in and around Melbourne. Your initial consultation is FREE and you only pay fees when we achieve a favourable result for you.