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”]].