When most people think about concussions, they think about football players. Symptoms may include a lack of coordination and unsteady gait, so the player is taken off the field. But concussion symptoms can be more serious and long-term. Convulsions, seizures, and memory impairment are not uncommon and even though injuries can be severe, some car accident victims find it difficult to win their case.
When you’ve sustained a serious injury, it is imperative that you understand fully how to go about filing your claim. The actions that you take during the crucial time immediately after your accident can spell the difference between success and failure.
Controversy Around Medical Evidence
You can submit a claim for both your head injury and pain and suffering but first, you’ll have to prove that your injuries are a direct result of the accident. Submitting credible evidence from a medical professional is mandatory if you are to succeed in your claim. This includes the notes your doctor writes in your medical record. He or she will check for a list of symptoms and make appropriate notations. A rundown of your medical history will also prove that you were not experiencing these same issues prior to your accident.
You may think a concussion is no big deal but getting one can lead to a long term problem called post-concussion syndrome. The Mayo Clinic describes the condition as ongoing difficulties due to damage to brain structure or nerves caused by impact. Insomnia, dizzy spells and anxiety are attributed to the disorder. Even post traumatic stress disorder has been reported in some cases.
The issue that plaintiffs encounter is that concussion symptoms could be caused by other disorders such as depression or migraines. The lack of clarity can cause disagreement among physicians. One doctor may diagnose you with post-concussion syndrome while another physician may disagree with that diagnosis. These are murky waters and this is where a highly-qualified personal injury lawyer can step in and help you put the puzzle pieces together.
The Insurance Game
Most importantly, your personal injury lawyer will know how to deal with the insurance companies. Insurers like to see cut-and-dry cases that are hard to dispute, like broken limbs. A broken arm is obvious in x-rays, is easily diagnosed, and has a clear set of symptoms. On the other hand, post-concussion syndrome is harder to define so insurance companies may not offer a reasonable settlement. It is the same reason why many cases go to trial.
The first problem that usually comes up in front of the jury is explaining exactly what your injury is. For example, are you experiencing chronic headaches or post-concussion syndrome? It’s not as black-and-white as it seems.
The most obvious glitch would be if you have more than one treating physician and they disagree on your diagnosis. Jurors in general realize that the lawyer from the insurance company is going to try to dispute whether you have a concussion to avoid paying a high settlement, but when your own treating physicians disagree, that can create doubt in the jurors’ minds.
Therefore, if you’re convinced that your accident caused a concussion or post-concussion syndrome, but your doctor disagrees, it’s important to find another doctor that will provide you with a definitive diagnosis to back up your claim.
It may be difficult, but it is not impossible to get handsomely compensated for your injury and pain and suffering. Reaching out to the correct medical and legal professionals will be the first step.