Frequently Asked Questions (FAQ) – Concussions, Whiplash Injuries

1. How much is post-concussion syndrome settlement?

How much a post-concussion syndrome settlement is worth depends on multiple factors, including your ability to prove that the party causing the concussion was at fault, the severity of the injury and the strength of the medical evidence that you possess to prove the severity of injury, and the financial ability of the at-fault party causing the concussion injury to pay, either by insurance coverage or through personal assets.. The Schmidt Salita Law Team has settled cases involving post-concussion syndrome resulting from a traumatic brain injury for as much as $3 million dollars, with other cases settling for $2.4 million and $1.5 million. The $3 million case followed a full blown trial and a jury verdict in favor of the brain injured client. 

For more information about concussions, post-concussion syndrome, and traumatic brain injuries go to www.concussioninjury.com.

 

2. Is a concussion a serious injury? 

Yes, a concussion is undoubtedly a serious injury. The term “concussion” is often wrongly considered a “mild” traumatic brain injury. For certain, all concussions are brain injuries. The severity of concussion injuries range from very mild with little resulting long-term symptoms to very serious with major long-term disability.

Even a minor concussion can have significant long-term consequences. The Brain Injury Association of America has declared that a single concussion can cause the victim to be twice as susceptible to getting yet another concussion with potentially greater severity and, after a second concussion, the victim is 8 times as susceptible. 

 

3. Do concussion injuries cause balance and dizziness problems?

Concussion injuries and traumatic brain injuries very commonly cause balance and dizziness problems for the injured person. The same forces that cause a whiplash of the neck and a whiplash of the brain also can cause a whiplash of the vestibular system that controls a person’s balance and presents dizziness problems. It is common for concussion victims to experience symptoms similar to motion sickness when riding in a car, going up or down an escalator or elevator, or even from bending over to tie their shoes. Vision problems also go hand-in-hand with balance and dizziness problems following a concussion or traumatic brain injury. 

 

4. Do concussion injuries cause vision problems?

Concussion injuries and traumatic brain injuries very commonly cause vision problems for the injured person. The same forces that cause a whiplash of the neck and a whiplash of the brain also can cause a whiplash of the vestibular system that controls a person’s vision. Light sensitivity (photophobia) is another early-onset symptom of concussion injuries. Long-term light sensitivity is a frequent factor in the more severe concussion injury cases. The Clinical Update of the American Academy of Ophthalmology notes that diagnosis of a traumatic brain injury-related visual impairment is complicated by the fact that the symptoms of vision problems resulting from a concussion “can take time to manifest, creating a delay in diagnosis.”

The delayed symptoms of concussion include double vision, poor eye tracking ability, difficulties in shifting gaze from one point to another, focusing, loss of binocular vision due to eye misalignment, eye strain, eye fatigue, light sensitivity, inability to maintain visual contact, headaches, blurred vision.

It is well-known that visual symptoms following concussion can produce problems with spatial disorientation, shifts and ability to judge location of objects, difficulties with balance and posture, poor depth perception, memory loss, poor handwriting, and other vision related problems. See Traumatic Brain Injury and Visual Disorder: What Every Ophthalmologist Should Know, Clinical Update of American Academy of Ophthalmology, March 2014.

 

5. Do concussion injuries cause headaches?

Headaches are very common resulting from concussion injuries and traumatic brain injuries. For instance, cervicogenic headaches are caused by cervical or neck injuries and are typically triggered by neck pain at the base of the skull that radiates up the back of the head. Migraine headaches occur when an area of the brain becomes hypersensitive, which triggers pain signals that produces tall throbbing, but sometimes very severe and disabling, headaches. Migraine headaches are often accompanied by nausea and sensitivity to light and sound. It is well recognized in the medical literature that migraine headaches can be triggered by the trauma of a car accident or other traumatic event. Tension headaches are also called stress-related headaches. They are associated with muscle tension or muscle spasms and stress. Victims of whiplash injury typically develop muscle spasms in the neck, which can produce tension headaches. 

Finally, one of the most common symptoms that occur after a concussion or mild traumatic brain injury to the head is typically referred to as a “post-concussion headache.”  It is common for concussion victims to experience symptoms similar to motion sickness when riding in a car, going up or down an escalator or elevator, or even from bending over to tie their shoes. 

 

6. Can migraine headaches be caused by a car accident?  

Migraine headaches can absolutely be caused by a car accident. Migraine headache disorder often is the result from a concussion injury or traumatic brain injury, whether from a car accident, a workplace injury or any other traumatic event.  Migraine headaches can be a new injury problem or they can be an aggravation of a pre-existing tendency for migraine headaches.  Either way, the victim of migraine headaches caused by the fault of another person is entitled to fair compensation.  Because migraine headaches can be very disabling, the compensation can be quite large in some cases, exceeding $1 million. 

 

7. Can you sue for concussion? 

Yes, you can sue for a concussion. Even minor or mild concussions can have long term, serious consequences. Many concussion injuries result in long-term post-concussion syndrome. With chronic and ongoing symptoms of: Everyone who has been injured due to the fault of another person is entitled to bring a personal injury claim in court. A concussion is a personal injury. A concussion is a traumatic brain injury that often results in long-term disability for which the medical diagnosis is post-concussion syndrome.  

The symptoms of post-concussion syndrome include the following:

• Headaches,
• Nausea or vomiting,
• Sleep disturbance,
• Poor concentration,
• Taking longer to think,
• Feelings of dizziness,
• Fatigue (tiring more easily),
• Being irritable (easily angered),
• Noise sensitivity (easily upset by loud noise),
• Feeling depressed or tearful, feeling frustrated or impatient, forgetfulness (poor memory), and
• Blurred vision, light sensitivity (easily upset by bright light), double vision, restlessness, Tinnitus.

 

8. How much is a concussion worth in a lawsuit? 

How much a concussion injury lawsuit is worth depends on many factors. First, you must be able to prove that the party causing the concussion was at fault. Secondly, the value of your case depends on the severity of the injury and the strength of the medical evidence that you possess to prove the severity of injury. Thirdly, the at-fault party causing the concussion injury must have the financial ability to pay, either by insurance coverage or through personal assets.

Most personal injury lawyers offer a free consultation to provide a preliminary opinion as to the value of your case. However, this typically takes a lot of hard work and effort on the part of the attorney to reach a competent and professional opinion as to the value of any personal injury case. It is highly unusual for a lawyer to definitively know how much a concussion lawsuit is worth without first examining the facts and circumstances of the injury.

 

9. Can you prove post-concussion syndrome? 

Post-concussion syndrome can be proven with competent medical evidence, including the diagnosis of a medical doctor specializing in the assessment, diagnosis, and treatment of traumatic brain injuries.

Many concussion victims suffer an impairment of vision secondary to the concussion, meaning the testimony of an eye doctor can be supportive. Many concussion victims also suffer from balance and dizziness disorders so that a specialist in that field of medicine can provide additional supportive evidence. Neuropsychologists are specialists in testing for brain injury using neuropsychological testing protocols. Clinical psychologists can also be valuable in providing evidence of emotional and psychological problems resulting from a concussion injury. 

 

10. What is the average payout for head injury?   

The average payout for a head injury depends on many factors. First, you must be able to prove that the party causing the head injury was at fault. Secondly, the value of your case depends on the severity of the injury and the strength of the medical evidence that you possess to prove the severity of injury. Thirdly, the at-fault party causing the head injury must have the financial ability to pay, either by insurance coverage or through personal assets.  

Most personal injury lawyers offer a free consultation to provide a preliminary opinion as to the value of your case. However, this typically takes a lot of hard work and effort on the part of the attorney to reach a competent and professional opinion as to the value of any personal injury case. 

 

11. Should I get a lawyer for whiplash?   

Absolutely, yes. You should get a lawyer for a whiplash injury.

Most whiplash injury law firms utilize a payment structure in which your first consultation is free. Thereafter, if the lawyer agrees to take your case they will likely work on a contingent fee basis. This means that the injured person does not have to pay attorneys’ fees unless there is a settlement. Then, and only then, will you pay a percentage of the settlement for attorneys’ fees and costs. This arrangement provides you, the injured person, with the security that you will never end up “in the hole.”

Some law firms advertise “No fees until you recover.” That is another way of describing the contingent fee. It has also been referenced as “a poor man’s key to justice.” By way of analogy, many folks know that a real estate agent works to find a buyer for a house that is for sale and gets paid as a percentage of the sale price, once the house is sold.  The same is true for the lawyer contingent fee.

 

12. Is it worth suing for whiplash?   

In many cases, it is worth suing for a whiplash injury. Many whiplash injuries can have serious consequences, including long-term pain and disability. Whiplash injuries can go on to require surgery, injection therapy, physical therapy, and big medical expenses and wage loses. Everyone who has been injured due to the fault of another person is entitled to bring a personal injury claim in court. A whiplash is a personal injury. The symptoms of whiplash injury can include severe pain in the neck and back, muscle spasms making neck movements difficult, headaches, pain and weakness in the arms and legs, and pain radiating into other parts of the body.

Whiplash injuries are no joke!  Whiplash injuries can involve permanent damage to the muscles, ligaments, nerves, and intervertebral discs of the neck and back.  In some cases, surgery is required.  In other cases, physical therapy and injection therapy is needed long-term.  In other cases, the injury victim simply lives on for many years with the misery of chronic neck and back pain.

 

13. How much compensation do you get for a whiplash?   

The compensation that you can get for a whiplash depends on many factors. First, you must be able to prove that the party causing the whiplash injury was at fault. Secondly, the value of your case depends on the severity of the injury and the strength of the medical evidence that you possess to prove the severity of injury. Thirdly, the at-fault party causing the whiplash injury must have the financial ability to pay, either by insurance coverage or through personal assets.  

Most personal injury lawyers offer a free consultation to provide a preliminary opinion as to the value of your case. However, this typically takes a lot of hard work and effort on the part of the attorney to reach a competent and professional opinion as to the value of any personal injury case. 

 

14. What is the average settlement for a car accident with whiplash? 

There is no such thing as an “average” settlement for a car accident with whiplash. More importantly, there is no such thing as an “average” whiplash injury. Some whiplash injuries only cause minor aches and pains for a few days. At the other extreme, whiplash injuries can provoke serious disability that may result in surgery, loss of earning capacity, and serious chronic pain and suffering.  

 

A Personal Injury Team With Personal Care.

The exceptional track record of Schmidt Salita Law Team speaks for itself with over 70 years of experience in over 10,000 cases, producing over $100 million in recoveries for their clients. The Workers’ Comp Attorneys at the Schmidt Salita Law Team are dedicated to providing legal services with personal attention and care to each case.

Contingent Fee Arrangements Available.

The Workers’ Compensation Lawyers at the Schmidt Salita Law Team understand that the victims of personal injury are often dealing with financial issues due to medical bills, car damage, and lost wages and earnings. Most do not have the financial resources to pay for a lawyer on an hourly basis – especially for a really good lawyer. The answer to this dilemma is the contingent fee contract where the lawyer doesn’t get paid by the hour. Instead, the lawyer gets paid on a “commission basis” like a real estate agent, as a percentage of the settlement produced. The Schmidt Salita Law Team offers contingent fee contracts in most cases.

 

“PERSONAL INJURY LEGAL SERVICES WITH A PERSONAL TOUCH!”

A Schmidt Salita Car Accident Lawyer will come to your home, or the hospital, for your initial visit.  The Schmidt Salita Law Team strives to provide personal injury legal services with a personal touch to help the victims of personal injury through a very difficult time in their lives.