Post-Concussion Syndrome Settlement Value in New York

In New York, the average post-concussion syndrome settlement value for a car accident ranges between $50,000 and $500,000, though it can go higher in severe cases. The final settlement amount depends on several key factors, including:

• Liability
• The severity of the injury
• Impact on career or earning potential
• Need for ongoing treatment
• Pain and suffering
• Medical documentation
• Insurance coverage
• Quality of legal representation
• Extent of fault sharing (comparative fault)

If you're experiencing symptoms of a concussion after an accident, it is essential to secure fair compensation. Contact our New York head injury accidents lawyers to ensure you receive the settlement you deserve. 

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Need a settlement for concussion in a car accident?

If you’re seeking a settlement for a concussion caused by a car accident in New York, it’s essential to meet certain requirements to strengthen your claim:

• Injured from the accident: You must have sustained a concussion or related injuries as a direct result of the car accident. Medical records documenting your diagnosis and treatment are critical for proving your claim.
• Be within the New York statute of limitations: In New York, you generally have three years from the date of the accident to file a personal injury claim. Missing this deadline could prevent you from recovering the compensation you deserve.

Take the first step toward getting the settlement you deserve. Reach out to us at (718) 521-2251 or head to our Contact Us page to arrange your free consultation.

Types of concussion settlements in a car accident

Concussion settlements vary based on the severity of the injury and its impact on the victim’s life. Different types of settlements address the unique challenges that arise from specific symptoms or complications.

Below, we explore the common categories of concussion settlements and the factors influencing their outcomes.

Mild concussion settlement value

The average mild concussion settlement value in New York is $10,000 to $50,000. Settlements for mild concussions typically cover medical expenses, such as imaging and consultations, as well as a short period of lost wages. These cases often involve symptoms like headaches and dizziness that resolve within weeks.

Mild concussion settlements are generally lower because recovery is faster, and long-term impacts are rare. Compensation also reflects minimal disruption to daily life, although victims may still experience temporary discomfort or inconvenience.

Post traumatic vision syndrome settlement

In New York, an average post-traumatic vision syndrome settlement is $50,000 to $150,000. This condition, which causes symptoms like blurred vision, light sensitivity, and difficulty focusing, often requires specialized treatment and ongoing care. Settlements cover medical bills, therapy, and lost income due to limited ability to work.

The long-term nature of post-traumatic vision syndrome can increase compensation. Victims may face lasting impairments, disrupting their quality of life and ability to perform everyday tasks, which are considered when determining the settlement value.

Concussion and PTSD settlements

Typical concussion and PTSD settlements are $75,000 to $200,000. These cases involve both physical injuries and psychological impacts, which can include things such as anxiety, memory loss, and insomnia, requiring extended medical and therapeutic care. Settlements reflect the combined effects on mental and physical well-being.

Victims suffering from PTSD may experience prolonged emotional distress, requiring counseling and medications. Compensation often includes damages for reduced earning potential and the inability to return to work immediately, as well as the overall impact on their quality of life.

Average pain and suffering settlement for a concussion

The average pain and suffering settlement for a concussion in New York is $25,000 to $100,000. This amount is generally determined by the severity of symptoms, such as chronic headaches, dizziness, or memory issues, and how they affect a person's daily living and personal well-being.

Pain and suffering damages address the non-economic toll of the injury, such as emotional distress, loss of enjoyment of life, and physical discomfort. Cases involving longer recovery times or permanent symptoms generally result in higher compensation.

How to maximize your concussion car accident settlement amount

Securing the highest possible settlement for your concussion requires taking proactive steps and working with an experienced personal injury attorney from Ajlouny Injury Law. 

Follow these key steps to strengthen your injury case and ensure you receive the compensation you need and deserve:

• Seek medical attention immediately: Obtain a proper diagnosis and treatment from a medical professional. Comprehensive medical care records, including imaging and doctor’s notes, are critical for proving the extent of your injury.
• Document everything: Keep detailed records of your concussion symptoms, medical bills, lost wages, and any out-of-pocket expenses. Photos of the accident scene and witness statements can also support your injury case.
• Consult with our experienced personal injury attorneys: Skilled injury lawyers from Ajlouny Injury Law, can evaluate your case, handle negotiations, and fight for a verdict or settlement that reflects the full value of your claim.
• Follow through with medical treatment: Consistently attending follow-up appointments and therapies demonstrates the ongoing impact of your injury and the necessity of your treatment plan.
• Communicate carefully with insurance companies: Avoid accepting low settlement offers without consulting your lawyer, as they may undervalue your claim.
• File a personal injury lawsuit if necessary: If settlement negotiations stall, we can file a lawsuit to pursue a fair verdict in court.

By following these steps, you can build a strong case and maximize your concussion settlement value. Contact our award-winning team of attorneys to learn how we can help with your case.

Doctors may advise continued care if an accident cause a concussion, so secure a settlement you deserve. Reach out to our New York Head Injury Accidents Lawyers.

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Factors influencing the average settlement for a concussion in a car accident

When pursuing a settlement for a concussion caused by a car accident, various factors directly affect the compensation amount. Each of these elements must be considered carefully to ensure an accurate and fair settlement.

Below, we break down the key factors that influence the value of a concussion settlement.

Liability

Establishing clear liability is essential for securing a full settlement. If the at-fault party’s negligence is evident—such as running a red light or texting while driving—it strengthens your case for higher compensation.

Conversely, disputes over fault can delay settlements or reduce the payout. For example, if the at-fault party argues that you were partially responsible for the accident, your compensation may be reduced proportionately under New York’s comparative fault rules. 

The Severity of the Injury

A mild concussion that resolves within weeks may result in a lower settlement, while severe or prolonged symptoms, such as chronic headaches or cognitive impairments, can lead to much higher compensation. For example, if a victim suffers from post-concussive syndrome, which affects their ability to concentrate or perform daily tasks, the settlement will likely include compensation for both immediate medical bills and long-term impacts on quality of life.

Documenting symptoms and their progression is key in demonstrating the severity of the injury.

Impact on Career or Earning Potential

If your concussion affects your ability to work, the settlement will account for lost wages and diminished earning capacity. This is especially true for individuals in physically demanding or cognitively intensive jobs.

For instance, a construction worker who cannot perform heavy labor due to dizziness or balance issues might seek compensation for lost wages and future income. Similarly, professionals like teachers or accountants experiencing memory issues or difficulty focusing may claim damages for career disruptions.

Detailed income records and testimony from vocational experts can strengthen this part of your claim.

Need for Ongoing Treatment

Long-term treatment for concussion-related symptoms, such as cognitive rehabilitation therapy or medication for chronic headaches, adds significant value to a claim. For example, if a neurologist prescribes ongoing physical therapy or recommends specialized treatment for vertigo, these costs are included in the settlement.

Keeping detailed records of doctor visits, treatment plans, and associated expenses helps establish the need for ongoing care and compensates these costs.

Pain and Suffering

Pain and suffering refer to the physical and emotional toll of a concussion, including chronic discomfort, anxiety, or depression. Unlike medical expenses, these damages are more subjective and depend on the severity and duration of the symptoms.

For instance, a victim experiencing migraines, sleep disturbances, and mood swings for months may receive higher compensation. Testimonies from family members or mental health professionals can prove how the injury has affected the victim’s overall well-being and daily life.

Medical Documentation

Documentation such as imaging results (CT scans, MRIs), detailed notes from neurologists, and records of prescribed treatments create a clear picture of the injury’s impact. For example, a victim whose medical records include evidence of repeated doctor visits, cognitive assessments, and prescribed therapies is more likely to secure a higher settlement.

Incomplete or vague documentation, on the other hand, can weaken your case and reduce the compensation amount.

Insurance Coverage

The at-fault driver’s insurance policy limits often dictate the maximum amount you can recover. If their liability coverage is low, you may need to pursue additional compensation through your own uninsured/underinsured motorist (UM/UIM) coverage.

For example, if your damages total $150,000 but the at-fault driver’s insurance only covers $50,000, the remaining amount must be sought through other sources. Understanding your own insurance policy and available coverage is essential in these scenarios.

Quality of Legal Representation

A skilled personal injury lawyer from Ajlouny Injury Law can significantly influence the outcome of your settlement by building a strong case, negotiating with insurance companies, and ensuring all damages are accounted for.

For example, our experienced attorneys can identify overlooked damages, such as non-economic losses or future medical needs, and challenge low settlement offers from insurers. This ensures you receive the full compensation you deserve.

Without proper legal representation, you risk settling for far less than your case is worth.

Extent of Fault Sharing (Comparative Fault)

New York’s comparative fault rule allows for shared liability, meaning your settlement can be reduced by your percentage of fault. If you are found partially responsible for the accident, the compensation you receive will reflect this proportion.

For instance, if you are deemed 20% at fault for the crash, and your damages total $100,000, your settlement will be reduced to $80,000. This underscores the importance of evidence and legal advocacy to minimize your share of fault and maximize your compensation.

Have you had an accident that made your symptoms last? Our experts in personal injury law will help you receive the deserved compensation. Contact our New York head injury accidents attorneys today!

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New York car accident laws affecting concussion settlement amounts

New York’s car accident laws significantly impact concussion settlement amounts, affecting both eligibility and potential compensation.

Here’s how these key legal aspects influence concussion settlements:

No-Fault Insurance Laws

New York follows a no-fault insurance system, meaning that after a car accident, your own insurance covers immediate medical expenses, lost wages, and other basic costs, regardless of fault. This system requires drivers to carry Personal Injury Protection (PIP) insurance, which can quickly cover expenses from a concussion without having to prove fault.

However, to pursue a lawsuit for additional compensation, your concussion must meet the “serious injury” threshold defined by New York law. If the injury results in significant limitations, such as prolonged cognitive issues or daily life symptoms, you may qualify to file a claim against the at-fault driver for damages beyond what PIP covers.

Comparative Fault

If you are partially responsible, your settlement may be reduced by your percentage of fault. For example, if you are 20% at fault, your settlement amount would be reduced by that same percentage.

This rule emphasizes the importance of proving that the other party was more at fault, as this can directly influence your compensation. Evidence such as police reports, witness statements, and surveillance footage can help demonstrate the extent of each party’s responsibility.

Statute of Limitations

The statute of limitations in New York for filing a personal injury lawsuit after a car accident is three years from the date of the accident. For concussions, which can have delayed or worsening symptoms, it’s important to file within this time frame, even if symptoms evolve later.

Failing to act within the statute of limitations can result in losing the right to seek compensation, so prompt legal action is essential. Starting the process early also helps preserve key evidence and witness testimonies, strengthening your case.

Mandatory Insurance Coverages

New York law requires drivers to carry minimum liability insurance, including Uninsured/Underinsured Motorist (UM/UIM) coverage. This is especially important for concussion cases, as severe injuries may require compensation beyond the at-fault driver’s policy limits.

UM/UIM coverage allows you to seek additional compensation if the at-fault driver lacks sufficient insurance. For example, if your concussion-related costs exceed the at-fault driver’s policy, you can turn to your UM/UIM coverage to cover the gap. 

Serious Injury Threshold

To go outside New York’s no-fault system and pursue a claim against the at-fault driver, your injury must meet the serious injury threshold. For concussions, this could include long-lasting cognitive impairment, difficulty concentrating, or persistent pain that limits your ability to work or perform daily activities.

Meeting this threshold is important for seeking compensation for pain and suffering, lost future earnings, and other non-economic damages. Having thorough medical records documenting the injury’s impact can help meet this requirement and justify a higher settlement.

The legal process for a car accident concussion settlement

Seeking a concussion settlement after a car accident involves several key steps. Each stage in the process is essential to building a strong case and securing fair compensation.

Below is an outline of the legal process:

1. Seek immediate medical attention: Prompt medical care ensures your health and creates essential documentation for your injury claim.
2. Report the accident to your insurance: Notify your insurance provider as soon as possible, providing accurate details about the accident and any injuries.
3. Consult an experienced car accident attorney: Our law firm's skilled attorney can assess your case, gather evidence, and guide you through the legal process.
4. Gather and preserve evidence: Collect medical records, accident scene photos, and witness statements to support your case. Documentation is key to proving the extent of your injury.
5. Submit a demand letter: Your attorney will send a demand letter to the at-fault party’s insurance company outlining your injuries, damages, and the amount of compensation sought.
6. Negotiate with insurance companies: We will negotiate with insurers to reach a fair settlement, advocating for a payout reflecting your concussion's full impact.
7. File a lawsuit if necessary: If a fair settlement cannot be reached, your attorney may file a personal injury lawsuit to pursue compensation in court.
8. Prepare for trial or finalize a settlement: Many cases settle before trial, but our legal team will prepare thoroughly to ensure you receive the best outcome possible.

Challenges in pursuing a post concussion syndrome car accident settlement

Post-concussion syndrome cases can present unique challenges that may complicate your settlement process. Understanding these obstacles can help you prepare and take steps to overcome them.

• Proving the injury: Post-concussion syndrome often doesn’t show up on traditional imaging tests like MRIs or CT scans, making it harder to provide objective proof of the condition. Detailed medical evaluations and expert testimony are critical to substantiate your claim.
• Delayed symptoms: Symptoms of post-concussion syndrome can develop days or even weeks after the accident, leading to skepticism from insurers. Prompt reporting of symptoms as they arise and consistent medical care can help validate your claim.
• Dealing with insurance companies: Insurers may argue that your symptoms are exaggerated or unrelated to the accident to minimize payout. A skilled attorney from our injury law firm can negotiate on your behalf and push back against unfair tactics.
• Disputes over liability: Insurance companies may attempt to reduce your settlement by blaming you for the accident. Clear evidence, such as police reports and witness statements, is necessary to proving fault.
• Calculating non-economic damages: Establishing compensation for pain, suffering, and reduced quality of life can be difficult without proper documentation. Testimony from medical and mental health professionals can strengthen this part of your case.

The vital role of medical evidence in a concussion lawsuit settlement

Medical evidence plays a critical role in determining the outcome of a concussion lawsuit settlement. Accurate documentation of the injury, its effects, and expert insights can significantly strengthen your case and maximize the compensation you receive. Below are two essential aspects of medical evidence in these cases:

• Diagnostic Tests and Evaluations: Medical tests such as CT scans, MRIs, and neurological evaluations are vital for confirming the presence and severity of a concussion. These diagnostic tools help establish a clear link between the accident and the injury, providing objective proof to support your claim. Comprehensive medical records detailing symptoms like headaches, memory loss, and dizziness further substantiate the impact of the concussion.
• Expert Medical Testimony: An expert medical professional can explain the extent of your injury and its long-term effects on your life to insurance adjusters or in court. Their testimony can highlight how the concussion affects your cognitive function, ability to work, and overall quality of life, making it easier to secure a fair settlement that reflects the true value of your claim.

Our prominent car accident settlements

We have successfully secured significant settlements for our clients, helping them recover from their injuries and move forward. Below are some examples of our notable car accident case results:

• $560,000: A pedestrian crossing the street required neck surgery. Despite the defendant denying contact with our client, we successfully secured this settlement.
• $220,000: This settlement was achieved for two clients involved in a motor vehicle accident, both of whom required arthroscopic surgeries.
• $200,000: Compensation obtained for a driver who underwent shoulder surgery after the accident, despite having a pre-existing injury in the same area.
• $146,000: A driver who was sideswiped and required shoulder surgery received this settlement, reflecting the impact of their injuries.
• $125,000: Settlement for a driver whose knee surgery was necessary after being struck by cars involved in illegal racing.

How our experienced New York personal injury lawyers can help

When you’ve been injured, having the right legal team on your side can make all the difference in your personal injury cases. Our experienced New York personal injury lawyers are dedicated to fighting for your rights and ensuring you receive the compensation you deserve. 

From gathering evidence and negotiating with insurance companies to representing you in court if needed, we’ll handle every aspect of your case so you can focus on recovering.

Don’t wait to get the help you need if you have suffered a concussion or head injury. Call us at (718) 521-2251 or visit our Contact Us page to schedule your free consultation today.

Concussion after an accident can lead to long-term symptoms and medical expenses. With the guidance of our head injury accident lawyers in NYC, you can secure the compensation you deserve.

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