A concussion is a mild traumatic brain injury, but some of its symptoms may not appear or become noticeable until hours or days after an accident. Following a crash or a fall, the effects of adrenaline and shock can mask the early signs of a brain injury, which is why you might think that you or your loved one is all right.
However, in the hours or days after the injury, you may begin to notice severe headaches, irritability, mood swings, memory loss, anxiety, or depression. Seeing a doctor promptly protects your health and creates a medical record of your symptoms and their connection to the accident.
Speaking with a personal injury lawyer about delayed concussion symptoms after your accident may not be the first thing on your mind, but it is a good idea to do so. Henderson Law offers legal guidance to clients and their families as they work through the aftermath of car accident injuries. Michael Henderson can help you understand your options and guide you through the process of pursuing compensation despite a delayed diagnosis.
What Are Mild Traumatic Brain Injury Symptoms?
Symptoms of a mild TBI may include:
- Headaches that begin several days after the accident, or worsen over time;
- Sensitivity to ordinary light or common sounds;
- Dizziness, vertigo, or loss of balance;
- Nausea or vomiting;
- Ringing in the ears;
- Blurry or double vision, difficulty following moving objects with the eyes; or
- Unusual fatigue or lack of energy.
Because these symptoms can be subtle and appear days after the initial impact, it is important to monitor your condition closely following any accident.
Can Concussion Symptoms Be Delayed, and Why Does It Matter in a California Personal Injury Case?
Delayed concussion symptoms can still affect your thinking, emotions, work, and daily life, but the delay may complicate a personal injury claim. To protect your ability to seek compensation for the full extent of your injuries, do not settle your claim too soon. If you accept an early insurance payout before all your symptoms appear, you may not be able to claim future costs for medical care, lost wages, or pain and suffering.
Make sure your doctor documents any delayed symptoms before deciding whether a settlement accounts for your long-term needs. Also, report every symptom as soon as possible, since insurers often use gaps in treatment to argue that your brain injury is not related to the accident.
How Long Can Concussion Symptoms Be Delayed?
Most concussion symptoms appear immediately or within hours or days, although symptoms can change or persist during recovery. For example, physical symptoms like a headache might resolve, but cognitive or emotional symptoms like anxiety, depression, or memory loss may be more noticeable during recovery.
Can I Still File a Lawsuit If I Start Experiencing Traumatic Brain Injury Symptoms Years Later?
In California, the standard statute of limitations for filing a personal injury lawsuit is typically two years from the date of the injury. However, under California’s delayed discovery rule, if you did not immediately know you were injured, the deadline may begin when you discovered, or reasonably should have discovered, the brain injury and its connection to the accident rather than on the date of the accident. Whether this rule applies depends on the facts of the case.
Other rules may extend or pause (toll) the deadline in limited circumstances, such as if the victim was a minor at the time or was rendered mentally incapacitated.
It is important to note that if a government entity is responsible for the injury, you generally must present a claim within six months, which is a strictly enforced prerequisite to a lawsuit.
What Types of Compensation Are Available to People Who Suffer from Traumatic Brain Injury Symptoms?
If your symptoms appear later, the damages available will depend on the evidence connecting your injuries and losses to the accident:
- Economic damages. You may be entitled to recover compensation for medical bills for past and future care, ongoing treatments, rehabilitation, long-term care, or home modifications. You may also seek lost wages if you missed work, and loss of future earning ability if the injury causes lasting problems.
- Noneconomic damages. This category of damages includes pain and suffering, emotional distress, mental anguish, and loss of the ability to enjoy life. Your spouse or partner may also claim loss of consortium, which means the loss of companionship and support, when the legal requirements are met.
- Punitive damages. These damages are less common and require clear and convincing evidence that the defendant acted with oppression, fraud, or malice.
How Does a Personal Injury Lawyer Prove That Delayed Brain Injury Symptoms Were Caused by Your Past Accident?
In California, you must show by a preponderance of the evidence that your accident was a substantial factor in causing your delayed brain injury. Since symptoms of a traumatic brain injury (TBI) can take days to appear, personal injury lawyers may use several methods to connect your accident to the delayed symptoms. For instance:
- Expert medical testimony. Neurologists may explain that a delay in symptom onset is a known characteristic of TBI. They may describe how the initial trauma can set off a gradual chemical reaction, inflammation, or brain swelling, resulting in latent symptoms.
- Advanced diagnostic imaging. Early CT scans may appear normal and may not show a concussion. Doctors may use imaging to identify bleeding or other structural injuries.
- “Before and after” testimony. Statements from family members, friends, and colleagues can illustrate when changes in the person’s thoughts, feelings, or personality began to appear, indicating that these problems did not exist before the accident.
- Building the medical timeline. Lawyers compile medical records showing the initial examination, later symptoms, follow-up care, and eventual diagnosis. This timeline may help connect the later diagnosis to the original injury.
- Biomechanical analysis. Forensic experts may analyze whether the forces, angles, or whiplash movements were strong enough to cause the claimed injury, helping to link the collision and the injury.
Speak with Henderson Law Today About Your Mild Traumatic Brain Injury Symptoms
At Henderson Law, we want to help you regain your stability and move forward with your life. Attorney Michael Henderson has helped clients in Santa Rosa, Sonoma County, and throughout California for decades. He understands the hidden challenges that come with a brain injury. He also knows how to deal with insurance companies on your behalf and pursue compensation for your medical expenses and other losses.
We handle the legal details so you do not have to worry about them and can focus on your healing. Contact Henderson Law today for a free, no-pressure conversation.