Post-Concussion Syndrome: Can You Still File a Claim?

Understanding Post-Concussion Syndrome and Your Legal Rights

Post-concussion syndrome (PCS) occurs when concussion symptoms persist beyond the expected recovery period. While many people recover from a mild concussion within a few weeks, studies show that up to 15% to 30% of concussion victims develop PCS, suffering from long-term effects that can last for months or even years.

Common symptoms of post-concussion syndrome include persistent headaches, dizziness and balance problems, difficulty concentrating, memory issues, fatigue and sleep disturbances, sensitivity to light and noise, and mood changes or irritability. Some people also experience anxiety, depression, or tinnitus.

When someone else’s negligence causes your concussion, you have the right to file a personal injury claim. California’s comparative negligence laws mean you can recover compensation even if you were partially at fault for the accident. What matters is proving that the other party’s actions caused your injury. This is where experienced legal representation makes a significant difference in the outcome of your case.

Why Choose DJA Injury Attorneys

When you’re dealing with a post-concussion personal injury claim, you need an attorney who understands both the medical and legal details. Jeff Schwalbach, founder and principal attorney at DJA Injury Attorneys, brings 10 years of experience handling personal injury cases throughout California. His background as a former insurance defense attorney gives him knowledge of how insurance companies evaluate and settle claims—knowledge he uses to your advantage.

Jeff earned recognition as a Super Lawyers Rising Star from 2019 to 2024, reflecting his commitment to client success and professional excellence. He handles traumatic brain injuries and post-concussion cases personally, ensuring you receive direct attention from an experienced attorney rather than being passed to junior staff. DJA Injury Attorneys operates on a contingency fee basis, meaning you pay nothing unless we win your case. We also offer free consultations and are available 24/7 to answer your questions about your potential claim.

Common Causes of Post-Concussion Claims in California

Post-concussion injuries result from various accidents where negligence played a role. Understanding how your injury occurred helps establish liability in your claim. The most common causes include:

Motor vehicle accidents (rear-end collisions, intersection crashes, drunk driving accidents, distracted driving incidents)
Workplace accidents and falls
Slip and fall incidents on someone else’s property
Sports-related injuries caused by negligent supervision
Assaults or violent incidents

Each situation presents unique legal considerations. An experienced attorney evaluates the specific circumstances of your accident to determine liability and build a strong claim that reflects the true value of your injuries.

What Damages Can You Recover in a Post-Concussion Claim?

California law allows you to recover several types of damages in a post-concussion personal injury claim. Understanding what you can claim helps you recognize the full value of your case.

Medical Expenses: You can recover all costs related to your injury, including emergency room visits, neurological evaluations, neuropsychological testing, ongoing treatment, rehabilitation services, and any future medical care related to your post-concussion syndrome. These medical expenses are a critical component of your damages calculation.

Lost Wages and Earning Capacity: You receive compensation for time you missed from work during your recovery. If post-concussion symptoms reduce your ability to earn income in the future—whether through reduced hours, job changes, or career limitations—you can claim damages for that lost earning potential. This is particularly important in cases involving traumatic brain injury.

Pain and Suffering: California law recognizes the physical pain and emotional distress caused by your injury and recovery process. This non-economic damage compensates you for the suffering you endured.

Loss of Enjoyment of Life: If post-concussion symptoms prevent you from enjoying activities and hobbies you previously engaged in, you can recover compensation for this loss.

Future Medical Costs: You can claim anticipated expenses for ongoing treatment and care related to your injury, ensuring you have resources for long-term recovery.

Settlement Amounts and What to Expect

Settlement values for post-concussion claims vary widely depending on the specific circumstances of your case. Standard concussion cases typically settle between $20,000 and $80,000. Post-concussion syndrome cases in California often range from $30,000 to $300,000 or more, depending on the severity and duration of your symptoms.

Several factors influence your settlement amount. The severity and duration of your symptoms matter significantly. Cases with long-term cognitive or physical effects command higher settlements than those with temporary symptoms. The quality of your medical documentation also plays a crucial role—detailed records from neurologists and neuropsychologists strengthen your claim considerably.

The impact on your work and daily life affects settlement value as well. If post-concussion symptoms prevent you from working or significantly limit your activities, your claim has greater value. Insurance companies recognize that serious, long-lasting injuries deserve higher compensation. Our case results demonstrate the value we recover for clients with serious injuries.

Remember that every case is unique. Your actual settlement depends on the specific facts of your accident, the strength of evidence supporting your claim, and the insurance policy limits available. An attorney with experience negotiating personal injury claims can help maximize your recovery. We’ve successfully negotiated personal injury settlements for clients throughout California.

How to Prove Your Post-Concussion Claim

Building a strong post-concussion claim requires solid evidence that connects your injury to the accident and documents its impact on your life. Here’s what strengthens your case:

Immediate Medical Treatment: Seek medical attention right after your injury. Medical records documenting your condition immediately following the accident establish the connection between the accident and your symptoms. Delays in treatment can create doubt about whether the accident caused your injuries. What to do after an injury is critical to protecting your claim.

Consistent Follow-Up Care: Regular visits to neurologists, neuropsychologists, or other specialists demonstrate the ongoing nature of your condition. Gaps in treatment can weaken your claim, so maintain consistent medical care throughout your recovery.

Detailed Medical Records: PCS is often called an ‘invisible injury’ because it usually does not show up on standard MRI or CT scans. Because of this, insurance adjusters often try to deny these claims. We fight back using comprehensive documentation of your symptoms, specialized neuropsychological testing, and advanced imaging (like DTI scans) to provide concrete evidence of your brain injury. Understanding how to prove negligence requires strong medical documentation.

Expert Witness Testimony: Neurologists, neuropsychologists, and vocational experts can testify about your condition, prognosis, and impact on your earning capacity. Expert testimony carries significant weight in settlement negotiations and at trial.

Personal Documentation: Keep records of how symptoms affect your daily life. Testimony from family, friends, and colleagues about changes they’ve observed strengthens your claim by showing the real-world impact of your injury.

California’s Statute of Limitations for Post-Concussion Claims

California gives you two years from the date of your injury to file a personal injury claim. This deadline is critical—if you miss it, you lose your right to pursue compensation regardless of the strength of your case. The statute of limitations is governed by California Code of Civil Procedure § 335.1.

The clock typically starts from the date of your injury. However, because brain injury symptoms can sometimes be delayed or misdiagnosed, California’s ‘delayed discovery’ rule may pause the clock until the date you reasonably should have known you suffered a serious injury. Do not wait to consult with an attorney to figure out which deadline applies to you. Early legal action preserves evidence, secures witness statements while memories are fresh, and ensures you meet all filing deadlines. The sooner you contact DJA Injury Attorneys, the sooner we can begin building your case.

Frequently Asked Questions

How long does it take to settle a post-concussion claim?

Settlement timelines vary considerably. Some cases resolve within months through negotiation, while others take a year or longer. Factors affecting timeline include the complexity of your injuries, the clarity of liability, whether the insurance company cooperates, and whether your case requires litigation. An experienced attorney can often accelerate the process through skilled negotiation and by demonstrating the strength of your claim. Our personal injury attorneys have extensive experience with settlement negotiations.

Can I file a claim if I was partially at fault for the accident?

Yes. California’s comparative negligence law allows you to recover compensation even if you were partially responsible for the accident. Your recovery is reduced by your percentage of fault, but you can still pursue a claim. For example, if you were 20% at fault and your damages total $100,000, you would recover $80,000. This is why proving the other party’s negligence is so important.

What if I didn’t seek medical treatment immediately after the injury?

Delayed treatment weakens your claim because it creates doubt about whether the accident caused your symptoms. However, you may still have a viable claim if you can explain the delay and provide medical evidence connecting your symptoms to the accident. Some people don’t realize they have a concussion immediately after an accident. Consult an attorney about your specific situation to understand your options.

Do I need an attorney to file a post-concussion claim?

While you can file a claim without an attorney, having legal representation significantly improves your outcome. Insurance companies often undervalue claims handled by unrepresented individuals. An attorney negotiates on your behalf, handles all paperwork and deadlines, and if necessary, takes your case to trial. The cost of representation is covered through the contingency fee arrangement—you pay nothing unless we win.

What’s the difference between a concussion and post-concussion syndrome?

A concussion is a type of traumatic brain injury caused by a blow to the head or violent shaking. Most people recover from a concussion within weeks. Post-concussion syndrome occurs when symptoms persist beyond the expected recovery period, typically lasting months or years. PCS causes ongoing cognitive, physical, and emotional effects that impact daily functioning, work performance, and quality of life.

Take Action Today

If you suffered a post-concussion injury due to someone else’s negligence, don’t wait. The two-year statute of limitations in California means time is limited. Contact DJA Injury Attorneys today for a free consultation. Call (949) 229-7228 or visit our website to discuss your case with Jeff Schwalbach.

We work on a contingency fee basis—you pay nothing unless we win your case. Let us help you recover the compensation you deserve for your post-concussion personal injury claim.

Last Update: March 5, 2026