Any brain injury can be devastating, and more evidence has been discovered that even a mild concussion can lead to long-term effects, especially if someone suffers several concussions close together. A concussion can occur in a car accident, assault, in a sporting event, or on the job. No matter how you suffered a concussion, it is important to understand post-concussion syndrome settlement value in Ontario.
How is Post-Concussion Settlement Value Defined in the Legal Sphere?
Concussions are the most common brain injury in the world, affecting more than 42 million people each year. Although most are considered mild, they can still cause damage that may exist even years down the road. Post-concussion syndrome disorder is when symptoms from a concussion exist longer than the expected time for recovery. This can lead to disability if the symptoms are severe. A lawyer will use the severity of the symptoms to determine what is an equitable settlement for your post-concussion symptoms that continue longer than they should.
Legal Process to Sue for Damages
It is possible to sue for damages if you are suffering from post-concussion symptoms. The first step in filing a lawsuit is to speak to a lawyer who understands the ramifications of this syndrome. Even if you have no other injuries, it is possible to sue for your continued symptoms. Keep in mind that the process can be more difficult as a concussion often leaves no scars or visible signs in the brain. You will want to speak to your doctor about any symptoms you have so that they can be part of your medical record.
Symptoms may include:
- Dizziness
- Headaches
- Inability to perform common tasks
- Loss of consciousness
- Loss of memory
- Nausea
- Ringing in the ears
- Unusual fatigue
Provide your lawyer with any medical records your doctor has documented. Your lawyer will then take the steps necessary to begin filing a lawsuit on your behalf. Who is charged in the lawsuit will depend on how you were injured. If it is a car accident, they may file a suit against the other driver or the manufacturer of your car. In a sporting event, it may be the school or organization that put on the event. You will need to prove that your injury was someone else’s fault and that the other person’s negligence caused your injury as part of the post-concussion syndrome settlement value.
What Rules, Laws, Etc. Concern Post-Concussion Syndrome and How Does it Affect a Case?
As with a physical injury case, the courts will look at whether there was any negligence on the part of the person who caused the accident. They will then determine if that negligence led to your injury and whether you were at all at fault for the concussion you suffered. Your case will be more difficult if you don’t follow your doctor’s orders or if you don’t seek medical attention immediately after the accident. Documenting your injury and symptoms will also be necessary since it can be difficult to prove you are suffering from the lingering effects of a concussion.
Typical Settlement Amounts
Settlement amounts can vary widely. The post-concussion syndrome settlement value will likely be determined by how severe your injuries are and whether it is possible you are permanently disabled. The average post-concussion syndrome settlement value in Ontario ranges between $20,000 and $80,000, although there have been settlements that are much higher. In cases where a concussion was determined to be moderate to severe, settlements could be upwards of $125,000. A business owner in
his 40s received a $1.1 million settlement after a car accident while a man accidentally shot outside a bar received $250,000.
Why You Need a Lawyer
Proving that you are suffering from post-concussion syndrome disorder can be difficult. Although you may have significant documentation from a doctor, only a lawyer can help you navigate through the legal system and fight for your rights under the law. A head injury lawyer can advise you on what steps to take to prove your case, help you find the right medical attention, and will fight to be sure you get the compensation you deserve under the law.
If you or a loved one have been injured due to the neglect of someone else and are suffering from lingering symptoms from a concussion, contact us to see if what your post-concussion syndrome settlement value may be. Arrange for a no-obligation consultation today to see begin the process of focusing on healing while we take care of the legal aspect.