Chronic headaches in California personal injury case

Chronic headaches are a common yet deeply disruptive outcome of many personal injury incidents in California — particularly those involving head trauma, whiplash, or concussions. If you’re suffering from persistent or recurring headaches caused by someone else’s negligence, California law allows you to pursue compensation through a personal injury claim.


🧠 What Are Chronic Headaches?

“Chronic headaches” refer to headaches that occur 15 or more days per month, for at least three months. These may result from:

  • Traumatic brain injury (TBI) or concussion
  • Whiplash from a car accident
  • Spinal injuries (especially involving the neck)
  • Stress or psychological trauma following an accident
  • Post-traumatic headache syndrome
  • Medication overuse or changes in cerebrospinal fluid pressure after injury

Common Types of Post-Injury Headaches:

  • Migraine headaches (with nausea, light/sound sensitivity)
  • Tension-type headaches
  • Cervicogenic headaches (originating from the neck)
  • Rebound headaches
  • Cluster headaches (severe, one-sided)

⚖️ Legal Importance of Chronic Headaches in California PI Cases

Although headaches may not show up on imaging, their impact on your daily life can be profound — affecting your work, relationships, mental health, and overall well-being.

To pursue a successful personal injury claim, you’ll need to show:

  • That the accident caused your headaches
  • That the pain is ongoing, persistent, and significantly impacts your life
  • That you’ve incurred damages (financial, physical, and emotional)

💰 Damages You Can Recover

🔹 Economic Damages:

  • Medical expenses:
    • Neurology visits
    • Imaging (MRI, CT scans)
    • Pain management treatments
    • Prescriptions or injections
  • Lost wages from missed work
  • Future medical costs if the headaches are long-term
  • Reduced earning capacity (if you can’t return to the same job or work hours)

🔹 Non-Economic Damages:

  • Pain and suffering (daily disruption, sleep loss, fatigue)
  • Loss of enjoyment of life (inability to participate in activities)
  • Emotional distress (anxiety, depression)
  • Cognitive difficulties (from headache-related brain fog)

🧾 Proving Chronic Headaches in a Personal Injury Case

Because headaches are often subjective and invisible, documentation is key.

✅ Strong Evidence Includes:

  • Medical records from neurologists, pain specialists, and primary care doctors
  • Diagnosis of post-traumatic or chronic headache condition
  • Treatment history (prescriptions, physical therapy, etc.)
  • Daily symptom journal detailing:
    • Frequency, duration, and severity of headaches
    • Impact on work, sleep, and activities
  • Expert testimony from neurologists or psychologists
  • Testimony from friends/family confirming behavioral changes

⏳ Statute of Limitations in California

  • You typically have 2 years from the date of the injury to file a personal injury lawsuit in California.
  • If your headaches developed later or worsened over time, the clock may start from the “date of discovery.”
  • If a government agency is involved, you must file an administrative claim within 6 months.

👨‍⚖️ When to Hire a Personal Injury Lawyer

You should strongly consider hiring an attorney if:

  • You’re experiencing persistent, disabling headaches
  • Insurance is denying or minimizing your claim
  • You’re unsure how to prove your headaches are tied to the injury
  • Your condition affects your ability to work or live normally

A California personal injury attorney can help:

  • Gather medical and legal evidence
  • Present a compelling case for damages
  • Negotiate with insurance companies
  • Take your case to court if necessary

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”]].

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