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A concussion is supposed to be temporary. But what happens when the headaches, dizziness, and brain fog don’t go away? When symptoms linger for months or even years, it’s called post-concussion syndrome (PCS). The constant symptoms commonly make it difficult to work, maintain relationships, and simply enjoy the day-to-day.
If another person’s negligence caused the injury that led to your PCS, Illinois law gives you the right to seek payment for your losses.
Trying to manage a legal claim while dealing with persistent neurological symptoms is a heavy load to carry. At Walner Law, we handle the legal process so you can direct your energy toward your health. If you have questions about your situation, our team is ready to listen. Call us for a free consultation at (312) 410-8496.
A settlement is meant to provide financial compensation for every loss the injury caused—the tangible and the intangible. While some legal websites throw out “average” settlement figures from $20,000 to over $80,000, these numbers are misleading. A case involving severe, lifelong symptoms could be valued in the hundreds of thousands or more. The final amount depends entirely on the specific facts of your case.
These are the concrete, measurable expenses that come with a paper trail. We gather every bill, receipt, and pay stub to build a precise accounting of your financial losses.
These damages compensate you for the ways post-concussion syndrome has diminished your quality of life. Though they don’t come with a price tag, their impact is undeniable.
In Illinois, one common approach for estimating non-economic damages is the “multiplier method.” This technique involves adding up your total economic damages—medical bills and lost income—and multiplying that sum by a number, typically between 1.5 and 5. The multiplier rises with the severity of the injury, the duration of your recovery, and the overall disruption to your life.
Illinois uses a modified comparative fault rule. This means you can still recover damages as long as you are found to be 50% or less at fault for the accident. Your percentage of fault will reduce your final payment.
The distinction is all about time. A concussion is a mild traumatic brain injury (TBI) caused by a jolt or blow to the head that disrupts brain function. Most people recover from a concussion within a few weeks.
Post-concussion syndrome (PCS) is diagnosed when those concussion-like symptoms persist long after the brain should have healed—typically for more than three months. It is not a more severe concussion; instead, it is a continuation of symptoms that may be caused by other underlying issues triggered by the initial trauma. The injury may be healed, but the symptoms remain.
PCS manifests as a frustrating collection of physical, cognitive, and emotional symptoms that fluctuate from day to day. These may include:
A concussion occurs when a sudden impact or jolt causes the brain to strike the inside of the skull, damaging brain cells. These injuries frequently happen in accidents resulting from someone else’s carelessness.
One of the greatest hurdles in a post-concussion syndrome case is demonstrating the reality of an injury that doesn’t appear on an MRI or CT scan. Because symptoms like headaches and brain fog are subjective, an insurance adjuster may question their severity or even their existence. Insurance companies are businesses that must balance paying claims with making a profit, so they will look for reasons to minimize a payout.
Our job is to build a structure of evidence so solid they cannot dismiss it. This requires a detailed and strategic approach.
In a city as active as Chicago, accidents that cause concussions happen daily. In one recent year, nearly 30,000 people in Illinois sustained a traumatic brain injury. While an accident can happen anywhere, some locations are well-known hotspots.
We see a high number of accidents at:
While we manage the legal aspects, certain actions on your part help protect both your health and your claim.
When you are living with an injury that no one else can see, you need a legal team that knows how to make the invisible visible. Walner Law has decades of experience handling personal injury claims, including those involving traumatic brain injuries.
Here is what our firm offers:
Generally, Illinois law gives you two years from the date of the accident to file a personal injury claim. This is known as the statute of limitations. There are some exceptions, so it is always best to consult with a lawyer to determine the eligibility of your case.
This is a common experience with brain injuries. The most important step is to seek medical care as soon as you notice symptoms and document their onset. Our team can work to build the connection between the delayed symptoms and the original accident.
Yes. The vast majority of concussions do not involve a loss of consciousness. Whether you blacked out or not has no bearing on the severity of the injury or your right to pursue compensation.
If you have Uninsured/Underinsured Motorist (UIM) coverage on your own car insurance policy, you can file a claim with your own insurance company. This is coverage you have already paid for to protect yourself in this exact scenario.
Not at all. An accident can aggravate a pre-existing condition, and the at-fault party is held responsible for that worsening. The law in Illinois states that a defendant “takes the victim as they find them.” We have experience showing how a trauma made a prior condition more severe.
The persistent effects of post-concussion syndrome are real, and so is the financial pressure they create. The legal system offers a way to hold the responsible party accountable and obtain the payment needed to support your recovery and protect your future.
Our team at Walner Law has been helping people in Chicago do exactly that for more than 50 years. We understand the medical evidence and legal arguments these cases require. Let us handle the process for you.
For a free, no-pressure consultation about your potential claim, call us today at (312) 410-8496.
