Vertigo is a disorienting and often debilitating condition that causes a sensation of spinning or dizziness, often triggered by head movements or changes in position. In the context of a California personal injury case, vertigo can be a key symptom of an underlying injury, particularly a traumatic brain injury (TBI), concussion, inner ear damage, or neck/spinal injury — all of which can result from accidents caused by someone else’s negligence.
If you’ve developed vertigo after an accident, such as a car crash or slip and fall, and someone else is responsible, you may be entitled to compensation for your medical expenses, lost income, and pain and suffering.
🌀 What Is Vertigo?
Vertigo is not a condition itself but a symptom of another medical issue. It causes the illusion of movement — either you feel like you’re spinning, or your environment is spinning around you. Vertigo can be:
- Peripheral: Caused by inner ear problems (e.g., Benign Paroxysmal Positional Vertigo (BPPV), vestibular neuritis, labyrinthitis).
- Central: Caused by brain injuries, including concussions, brain bleeds, or nerve damage (common in head trauma).
Common symptoms accompanying vertigo:
- Dizziness
- Nausea or vomiting
- Headaches
- Balance issues
- Blurred vision
- Tinnitus (ringing in the ears)
- Difficulty concentrating (sometimes called “brain fog”)
⚖️ Vertigo in a California Personal Injury Case
Vertigo can significantly affect your daily functioning, ability to work, and quality of life. If it results from another person’s negligence, you may pursue a personal injury claim under California law. Vertigo is often a sign of an underlying injury, which strengthens your case by linking visible and invisible damages.
Common causes of vertigo in personal injury cases:
- Whiplash or neck trauma (common in rear-end car accidents)
- Head injuries or concussions
- Falls resulting in head trauma
- Assaults causing head or inner ear damage
💰 Damages You Can Recover for Vertigo
If vertigo impacts your life following an accident, you may be able to recover compensatory damages in several categories:
🔹 Economic Damages:
- Medical Expenses: Treatment for vertigo may include:
- Neurological exams
- ENT (ear, nose, throat) specialist evaluations
- Diagnostic testing (MRI, CT scans, balance tests)
- Physical therapy or vestibular rehabilitation
- Medications or procedures
- Future Medical Care: Ongoing or permanent vertigo may require long-term treatment, which can be factored into your settlement or verdict.
- Lost Wages: If vertigo prevents you from working (especially in jobs requiring physical balance, concentration, or movement), you may recover compensation for time missed and future lost earning capacity.
- Transportation & Support Costs: If your vertigo limits your ability to drive or care for yourself, related expenses can be included.
🔹 Non-Economic Damages:
- Pain and Suffering: Vertigo can be extremely uncomfortable and lead to ongoing physical distress and frustration.
- Loss of Enjoyment of Life: If vertigo limits your ability to participate in activities like sports, social outings, or daily tasks, you can seek compensation for this loss.
- Emotional Distress: Chronic vertigo may lead to anxiety, depression, or panic attacks — especially if it affects your independence or mobility.
- Disability or Impairment: If vertigo becomes a permanent condition, it may be treated as a disability under California law.
📑 Proving Vertigo in a Personal Injury Case
Vertigo is often subjective and invisible, so proving it in court or to insurance companies requires thorough documentation:
✅ Medical Documentation
- Diagnosis by a specialist (neurologist, otolaryngologist, or physical therapist)
- Imaging results (CT scans, MRIs)
- Vestibular testing or audiological evaluations
- Physician notes linking vertigo to the trauma
✅ Symptom Journal
- Keep a daily log describing your symptoms, their severity, and how they affect your ability to function.
- Include descriptions of dizziness episodes, how long they last, what activities you’ve had to stop, etc.
✅ Expert Testimony
- Medical experts can explain to a jury or insurer how trauma from the accident likely caused vertigo.
- A vocational expert may speak to how vertigo affects your ability to work.
✅ Witness Statements
- Friends, family, or coworkers can describe changes in your behavior, mobility, or ability to function after the accident.
⏳ California Statute of Limitations
In most cases, you have 2 years from the date of the injury to file a personal injury lawsuit in California.
- If the injury involves a government agency, a claim must be filed within 6 months.
- For minors, the clock typically doesn’t start until they turn 18.
Missing the deadline may result in losing your right to seek compensation, so act quickly.
👩⚖️ Should You Hire a Personal Injury Lawyer?
Yes — especially if:
- Your vertigo is chronic or disabling
- You’re unable to work
- You’re facing pushback from the insurance company
- You need help proving causation (linking the vertigo to the accident)
A California personal injury attorney can:
- Gather medical and expert evidence
- File your claim on time
- Negotiate a fair settlement
- Represent you at trial if needed
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”]].