A Post-Concussion Syndrome (PCS) claim in a California personal injury case can be challenging but very much valid—especially if symptoms are long-lasting and affect your quality of life, work, or relationships. Because PCS doesn’t always show up on imaging like CT or MRI scans, it’s often underestimated or dismissed by insurance companies, making proper legal strategy crucial.
Let’s break it down for you—what PCS is, how it fits into a California personal injury case, and how you can build a strong claim.
🧠 What Is Post-Concussion Syndrome?
Post-Concussion Syndrome refers to a collection of symptoms that persist weeks, months, or even years after a concussion (mild TBI). These symptoms go beyond the initial recovery period and may include:
- Persistent headaches
- Fatigue
- Memory and concentration problems
- Sleep disturbances
- Dizziness or light sensitivity
- Anxiety, depression, or irritability
- Cognitive fog or difficulty multitasking
It can result from:
- Car accidents (even low-speed collisions)
- Slip and fall accidents
- Assaults
⚖️ Post-Concussion Syndrome & Personal Injury Law in California
You can sue for damages related to PCS if it was caused by someone else’s:
- Negligence (e.g., unsafe property, distracted driving)
- Recklessness (e.g., speeding, failing to warn)
- Intentional conduct (e.g., assault)
PCS cases can be more nuanced than cases involving obvious physical trauma, so evidence and expert support are key.
📋 Legal Elements You Must Prove
To win a PCS claim in California, you (and your lawyer) must show:
- Duty – The other party had a legal duty to act reasonably (e.g., safe driving, hazard-free premises).
- Breach – They failed to meet that duty.
- Causation – That failure led directly to your concussion and PCS.
- Damages – You suffered financial, physical, or emotional losses as a result.
💰 What Compensation Can You Recover?
Post-concussion syndrome can impact nearly every part of your life. In California, you can seek both:
🔹 Economic Damages:
- Medical bills (neurology, therapy, rehab)
- Ongoing treatment costs (psych, cognitive therapy)
- Lost income or reduced ability to work
- Out-of-pocket expenses (transportation, assistive devices)
🔹 Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Cognitive impairment or “mental fog”
- Strain on relationships and lifestyle
🔹 Punitive Damages:
Possible in cases involving gross negligence or intentional wrongdoing (like a DUI or violent assault).
⏳ California Statute of Limitations
- [Generally] 2 years from the date of injury to file a lawsuit
- 6 months if a government entity is involved (e.g., school district, city)
- Delayed discovery rule might apply if PCS symptoms developed gradually after the incident
🧾 Proving Post-Concussion Syndrome in Court
Since PCS is subjective and invisible, evidence is key. Courts and insurers want proof like:
- Medical records from neurologists or concussion specialists
- Testimony from neuropsychologists
- Journals tracking symptoms and changes in cognition or mood
- Statements from family, friends, coworkers
- Proof of how the condition impacts your work or daily life
Expert medical witnesses are often essential to explain how PCS works and why it’s real and disabling.
👨⚖️ Why a Lawyer Makes a Big Difference
Because PCS doesn’t show up on most scans, insurance companies often say:
“It’s all in your head.” “You’re exaggerating.” “You should’ve healed by now.”
A skilled California personal injury lawyer will:
- Take your symptoms seriously
- Gather expert opinions and real-world evidence
- Push back on insurance lowball tactics
- Build a compelling narrative for a judge, jury, or settlement negotiation
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].