Concussions are a common type of mild to moderate brain injury that often leads to headaches, dizziness, memory problems, and other symptoms. Post-concussion syndrome involves more prolonged symptoms that may more greatly interfere with your life.
You can sue for post-concussion syndrome in South Carolina, but your damages may be complex. Many do not realize they have post-concussion syndrome for some time, as symptoms must persist for longer than 3 months. If we file the case prematurely, we might miss out on claiming additional damages for post-concussion syndrome.
For a free case review to begin, call our South Carolina personal injury lawyers at Burriss Ridgeway Injury Lawyers at (803) 451-4000.
Can I Sue for Post-Concussion Syndrome in South Carolina?
As with any other injury, you can sue for post-concussion syndrome in South Carolina if you believe the condition occurred because of another person’s negligence. There is no statute or rule that specifically bars suing for post-concussion syndrome.
While suing for this condition is possible, it can sometimes be complicated. People often file lawsuits quickly, usually because they have serious injuries, high medical bills, and need compensation soon. Unfortunately, many do not know they have post-concussion syndrome until after their case is underway. In that situation, it may be necessary to amend the initial complaint to include claims for post-concussion syndrome.
Who Can I Sue for Post-Concussion Syndrome?
Various people or entities might be responsible for your injury, and your attorney should help you determine whom to sue for damages.
Negligent Drivers
Post-concussion syndrome frequently stems from car accidents. As mentioned before, post-concussion syndrome may be diagnosed when the symptoms of a concussion persist for more than 3 months. Concussions are very common in car accident cases, and there is a good chance that a negligent driver is responsible.
Negligent Property Owners
Post-concussion syndrome and similar head injuries also often occur in slip and fall accidents. You might have fallen and hit your head because a negligent property owner did not repair or remove hazardous conditions. Even something as simple as a wet floor can cause post-concussion syndrome, and the property owner may be sued.
Someone Who Assaulted You
Unfortunately, many other cases of post-concussion syndrome stem from violent assaults. Someone might have tried to fight you after they had too much to drink, or you might have been the victim of a violent robbery. Once the authorities identify the person who assaulted you, our Columbia, SC personal injury lawyers can help you sue them for damages.
Determining Damages for Post-Concussion Syndrome
Plaintiffs living with post-concussion syndrome may claim greater damages the longer their symptoms persist. In cases where your conditions are expected to last beyond the duration of your case, you may claim future damages.
Medical Costs
Medical costs are common injury cases, but they may be greater than you realize for claims of post-concussion syndrome. This condition must persist for at least 3 months, but many people live with it for much longer. The pain and distress you must endure for such a long period may lead to more significant medical costs. You may also claim future medical costs if the condition is expected to last beyond the completion of the case.
Lost Wages
Head injuries often require time to rest, and you might be unable to go back to work for a while. Not only can you claim the wages you have already lost because of your post-concussion syndrome, but you may also claim lost future wages. Remember, this is often a long-term condition, and we must think ahead.
Pain and Suffering
Pain and suffering are just some of the various non-economic damages you may claim. Head injuries often come with painful headaches that can make life very difficult. They may also cause other symptoms, like confusion or memory problems, that lead to serious emotional distress. These and other non-economic injuries should be compensated.
FAQs About Suing for Post-Concussion Syndrome in South Carolina
What is Post-Concussion Syndrome?
Post-concussion syndrome involves many of the same symptoms as an ordinary concussion, but the symptoms persist for longer than 3 months. If you have been dealing with concussion symptoms for a long time, talk to your doctor about post-concussion syndrome.
How Long Does Post-Concussion Syndrome Last?
Post-concussion syndrome must persist for at least 3 months to be diagnosed by a doctor. However, many victims live with the condition for longer. Some live with post-concussion syndrome for a year or longer.
Can I Sue for Post-Concussion Syndrome in South Carolina?
Yes. You can sue for post-concussion syndrome in South Carolina. It might be wise to wait a while before filing your lawsuit so we have time to determine whether you have post-concussion syndrome.
What Kind of Compensation is Available in a Post-Concussion Syndrome Case?
Compensation for post-concussion symptoms may be significant, as it should account for the time you have lived with the condition. The pain and distress may persist for many months or longer, and your compensation should accurately reflect the severity of your suffering.
How Do I Prove My Post-Concussion Symptoms in Court?
Medical records are key to proving claims for post-concussion syndrome. If you delayed treatment after your accident or fail to follow up with your doctor after receiving initial treatment, it may be harder to prove your claims.
When Should I File a Case for Post-Concussion Syndrome?
Generally, it is a good idea to file injury cases sooner rather than later to avoid running afoul of the statute of limitations, which gives you 3 years to file. However, we may consider waiting for a while to see if post-concussion syndrome symptoms develop before filing.
Contact Our South Carolina Personal Injury Attorneys for Legal Help Now
For a free case review to begin, call our Myrtle Beach, SC personal injury lawyers at Burriss Ridgeway Injury Lawyers at (803) 451-4000.
