Post-concussion syndrome (PCS) affects thousands of New Yorkers each year, turning what should have been a temporary injury into months or years of debilitating symptoms. While most concussions resolve within weeks, research shows that 10-25% of patients develop persistent symptoms that dramatically impact their ability to work, maintain relationships, and enjoy daily life.
If you’re experiencing ongoing headaches, memory problems, dizziness, or concentration difficulties months after a head injury, you may have post-concussion syndrome—and you may be entitled to substantial compensation. This comprehensive guide explains everything New York residents need to know about PCS claims, from understanding the medical diagnosis to navigating the state’s unique “serious injury threshold” requirements.
Key Takeaways
- Post-concussion syndrome occurs when concussion symptoms persist beyond 3 months, affecting 10-25% of brain injury patients
- New York’s serious injury threshold requires your PCS to prevent substantially all daily activities for 90+ days within 180 days of injury
- Settlement values for severe PCS cases in New York range from $50,000 to over $5.9 million depending on severity and impact
- Medical documentation is critical—gaps in treatment can destroy your claim, even with legitimate symptoms
- Statute of limitations gives you 3 years from the injury date to file a lawsuit in New York
What Is Post-Concussion Syndrome?
Post-concussion syndrome is a complex medical condition characterized by the persistence of concussion symptoms for weeks, months, or even years after the initial brain injury. According to the National Library of Medicine, PCS develops when at least three concussion-related symptoms continue beyond the normal recovery period.
Medical Definition and Diagnostic Criteria
The medical community uses two primary classification systems to diagnose post-concussion syndrome:
ICD-10 Criteria (Code F07.81)
Requires history of traumatic brain injury PLUS 3 or more symptoms:
- Headache
- Dizziness
- Fatigue
- Irritability
- Insomnia
- Concentration difficulties
- Memory problems
- Intolerance of stress, emotion, or alcohol
Duration: Symptoms persisting longer than 3 weeks
DSM-5 Classification
Diagnosed as Neurocognitive Disorder due to TBI
- Evidence of traumatic brain injury (loss of consciousness, posttraumatic amnesia, disorientation)
- Cognitive deficits in attention or memory
- At least 3 of 8 specific symptoms
- Symptoms persist for 3+ months
Note: Studies show ICD-10 identifies 64% prevalence vs. DSM-IV’s 11% due to different diagnostic thresholds
Importantly, loss of consciousness is not required for either a concussion diagnosis or post-concussion syndrome. Many PCS patients never “blacked out” but still suffer severe, long-lasting symptoms.
Common Post-Concussion Syndrome Symptoms
PCS manifests through multiple symptom categories that often overlap and compound each other:
Physical Symptoms
- Persistent headaches or migraines
- Dizziness and vertigo
- Extreme fatigue
- Vision problems (blurred vision, double vision)
- Sensitivity to light and noise
- Balance problems
- Nausea
Cognitive Symptoms
- Memory impairment (short-term and long-term)
- Difficulty concentrating
- Slowed thinking or “brain fog”
- Impaired judgment and reasoning
- Problems with learning new information
- Reduced attention span
Emotional & Behavioral
- Irritability and mood swings
- Anxiety and depression
- Personality changes
- Sleep disturbances (insomnia or hypersomnia)
- Apathy or lack of motivation
- Emotional lability
According to research published in Frontiers in Neurology, these symptoms result from complex interactions between somatic (physical), psychological, and social factors, making PCS particularly challenging to treat.
How Common Is Post-Concussion Syndrome?
While exact prevalence varies based on diagnostic criteria and population studied, recent medical research provides these statistics:
More detailed findings from systematic reviews and meta-analyses show:
- Overall prevalence: Between 11% and 82% depending on diagnostic criteria and timing
- 3-6 months post-injury: Approximately 31.3% of mTBI patients show PCS symptoms
- Comparison with controls: Adults with mTBI had 1.57 times higher prevalence of PCS symptoms versus those with orthopedic injuries
- Long-term cases: 5-43% of patients experience symptoms lasting months to years
Risk Factors for Developing PCS
Certain factors increase your likelihood of developing post-concussion syndrome:
| Risk Factor | Impact on PCS Development |
|---|---|
| Female gender | Higher incidence rates than males across multiple studies |
| Age over 40 | Increased risk and longer recovery times |
| Pre-existing medical conditions | Migraines, mental health conditions, prior concussions |
| Psychological factors | Pre-existing anxiety, depression, PTSD |
| Expectations of disability | Belief that symptoms will be permanent or severe |
| Initial symptom severity | More severe initial symptoms predict longer duration |
New York’s Serious Injury Threshold for PCS Claims
Here’s where post-concussion syndrome claims become uniquely challenging in New York. Unlike most states, New York operates under a no-fault insurance system that restricts when you can sue for pain and suffering after a car accident.
Understanding New York Insurance Law §5102(d)
After any motor vehicle accident in New York, your Personal Injury Protection (PIP) coverage initially pays up to $50,000 for medical expenses and a portion of lost wages—regardless of who caused the crash. However, to step outside this no-fault system and pursue additional compensation for pain, suffering, and full economic damages, your injury must meet the “serious injury threshold.”
According to New York Insurance Law, a serious injury must fall into one of nine specific categories:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury preventing substantially all daily activities for 90+ days within 180 days of the injury (the “90/180 rule”)
The Critical 90/180-Day Rule for Post-Concussion Syndrome
For most PCS cases, category #9 is your pathway to overcoming the serious injury threshold. This requires proving that your post-concussion syndrome prevented you from performing “substantially all of the material acts which constitute [your] usual and customary daily activities” for at least 90 days during the 180-day period immediately following your injury.
Important: The 90 days don’t need to be consecutive, but they must fall within the 6-month window after your accident. Gaps in treatment during this period can severely undermine your claim.
What Qualifies as “Substantially All Daily Activities”?
New York courts examine whether your PCS prevented you from performing the routine activities that defined your pre-injury life:
Work-Related Activities
- Inability to perform job duties
- Reduced work hours or work-from-home accommodations
- Need for extended medical leave
- Forced career changes due to cognitive limitations
Personal Daily Activities
- Household chores (cooking, cleaning, shopping)
- Childcare responsibilities
- Exercise or recreational activities
- Social activities and hobbies
- Driving (due to cognitive impairment or dizziness)
Proving Your Post-Concussion Syndrome Claim in New York
Post-concussion syndrome falls into the category of “invisible injuries”—conditions where objective medical imaging (CT scans, MRIs) often appears normal despite severe, disabling symptoms. This makes documentation and expert medical testimony absolutely critical.
Essential Medical Documentation
According to New York case law (particularly Toure v. Avis Rent-A-Car System, 2005), courts require more than conclusory expert opinions. You need comprehensive medical evidence including:
| Documentation Type | Why It Matters |
|---|---|
| Emergency room records | Establishes initial diagnosis and symptom baseline |
| Neurologist evaluations | Specialist confirmation of PCS diagnosis and functional limitations |
| Neuropsychological testing | Objective evidence of cognitive deficits in memory, attention, processing speed |
| Psychiatrist/psychologist reports | Documents emotional and behavioral symptoms (depression, anxiety, personality changes) |
| Treatment records showing consistency | Proves ongoing symptoms without unexplained gaps |
| Functional capacity evaluations | Demonstrates real-world impact on work and daily activities |
| Activity diaries or journals | Personal documentation of daily limitations and symptom patterns |
The Critical Importance of Consistent Treatment
In Pommells v. Perez (2005), the New York Court of Appeals held that gaps in treatment raise serious questions about the severity of injuries and causation. If you stop seeing doctors for weeks or months, insurance companies will argue:
- Your symptoms must not have been that severe
- Your current symptoms are unrelated to the original injury
- You failed to mitigate your damages
Critical Warning: Even if financial constraints prevent treatment, document why. A gap caused by inability to afford care is better explained than an unexplained gap that insurance companies will exploit.
Expert Medical Testimony Requirements
New York courts require expert opinions that:
- Specifically identify which diagnostic criteria (ICD-10 or DSM-5) establish your PCS diagnosis
- Explain causation—how your specific accident caused your specific symptoms
- Detail functional limitations—precisely how PCS prevents your daily activities
- Address alternative causes—rule out pre-existing conditions or other explanations
- Provide prognosis—whether symptoms are temporary, permanent, or progressive
Post-Concussion Syndrome Settlement Values in New York
Settlement amounts for PCS cases vary dramatically based on severity, duration, impact on earning capacity, and strength of liability evidence. Based on recent New York settlements and verdicts analyzed by personal injury attorneys and settlement databases, here are typical ranges:
Mild PCS Cases
$20,000 – $80,000
- Symptoms resolve within 6-12 months
- Minimal cognitive impairment
- Limited work disruption
- Full recovery expected
Moderate PCS Cases
$80,000 – $500,000
- Symptoms lasting 1-3 years
- Significant cognitive deficits
- Extended work leave or career changes
- Partial recovery with residual symptoms
Severe/Permanent PCS
$500,000 – $5,900,000+
- Permanent cognitive disability
- Inability to return to work
- Need for lifetime care or accommodations
- Significant quality of life impact
Recent New York PCS Settlement Examples
These real cases demonstrate how New York courts and juries value post-concussion syndrome claims:
| Case Details | Settlement/Verdict | Key Factors |
|---|---|---|
| Union bricklayer – NYC school renovation ladder fall | $5,900,000 | Severe PCS, herniated discs, reflexive pain syndrome; clear liability |
| Vehicle accident – negligent driver | $2,000,000 | Pre-trial settlement for concussion and PCS with documented long-term impact |
| 49-year-old female – rear-end collision | $150,000 | PCS with post-concussion headaches, bulging discs, torn shoulder |
| BN v. Porfidia (2024) – minor struck in crosswalk | $21,000 | PCS, headaches, scalp hematoma, multiple strain injuries |
Factors That Increase Settlement Value
Insurance companies and juries consider these key factors when valuing PCS claims:
Damages Components
- Past medical expenses: ER visits, specialists, testing, therapy
- Future medical costs: Ongoing treatment, cognitive therapy, medications
- Lost wages: Time away from work during recovery
- Lost earning capacity: Reduced ability to earn due to cognitive limitations
- Pain and suffering: Physical and emotional distress
- Loss of enjoyment of life: Inability to participate in pre-injury activities
Liability Strength
- Clear fault: Defendant clearly caused the accident
- Sympathetic plaintiff: Previously healthy, hardworking individual
- Egregious conduct: Drunk driving, gross negligence, recklessness
- Defendant’s insurance limits: Higher policy limits enable larger settlements
- Comparative negligence: Your percentage of fault reduces recovery
Common Causes of Post-Concussion Syndrome in New York
While any blow to the head can potentially cause PCS, certain accident types are particularly common in New York injury claims:
Motor Vehicle Accidents
Car, truck, motorcycle, and bicycle accidents are the leading cause of PCS claims. The sudden deceleration and impact forces can cause the brain to strike the inside of the skull, even without direct head trauma. Rear-end collisions are especially notorious for causing concussions and subsequent PCS.
Construction and Workplace Accidents
New York’s construction sites see frequent falls, falling object strikes, and equipment accidents. The $5.9 million settlement for a union bricklayer who fell from a ladder demonstrates the severity of workplace PCS cases.
Slip and Fall Accidents
Falls on icy sidewalks, defective stairs, or poorly maintained properties can cause concussions. New York property owners and municipalities have a duty to maintain safe premises, and their negligence can form the basis of a PCS claim.
Sports and Recreational Injuries
While many sports injuries are subject to assumption of risk defenses, PCS claims can arise from defective equipment, inadequate supervision, or failure to follow concussion protocols.
Assault and Violent Crimes
Victims of assault may develop PCS and can pursue claims against both the perpetrator and potentially negligent property owners who failed to provide adequate security.
Treatment Options for Post-Concussion Syndrome
While there’s no single cure for PCS, evidence-based treatments can significantly improve symptoms and quality of life:
Medical Treatments
- Medications: Migraine medications for headaches, antidepressants for mood symptoms
- Cognitive rehabilitation: Specialized therapy to improve memory, attention, and executive function
- Vestibular therapy: Exercises to address dizziness and balance problems
- Vision therapy: Treatment for post-traumatic vision syndrome
- Pain management: Comprehensive approaches for chronic headaches
Lifestyle Modifications
- Graduated exercise: Carefully monitored physical activity
- Cognitive rest: Limiting screen time, reading, and mentally demanding tasks
- Sleep hygiene: Establishing consistent sleep schedules
- Stress reduction: Mindfulness, meditation, counseling
- Workplace accommodations: Modified duties, reduced hours, quiet workspace
According to the National Library of Medicine, most PCS cases eventually resolve with proper treatment, though 5-43% of patients experience persistent long-term symptoms requiring ongoing management.
The Legal Process for PCS Claims in New York
Understanding the timeline and steps involved helps set realistic expectations for your claim:
Step 1: Initial Medical Treatment and Documentation (Days 1-90)
- Seek immediate medical attention after any head injury
- Follow all treatment recommendations without gaps
- Document all symptoms in writing (daily journal recommended)
- Report how symptoms affect work and daily activities
- Avoid giving recorded statements to insurance companies without legal advice
Step 2: Consultation with a New York Brain Injury Attorney (Months 1-3)
- Find an attorney experienced in PCS and serious injury threshold cases
- Most work on contingency (no upfront fees, payment only if you win)
- Attorney reviews medical records and evaluates case strength
- Discuss whether your injuries meet the serious injury threshold
Step 3: Continued Treatment and Maximum Medical Improvement (Months 3-12+)
- Continue treatment until symptoms plateau (maximum medical improvement)
- Complete all recommended neuropsychological and functional capacity testing
- Attorney may hire medical experts to review your case
- Gather evidence of liability (accident reports, witness statements, video footage)
Step 4: Demand Letter and Negotiation (Months 6-18)
- Attorney sends detailed demand letter with medical evidence to insurance company
- Insurance company investigates and makes initial settlement offer
- Negotiation process can take weeks to months
- Many cases settle during this phase
Step 5: Lawsuit Filing and Discovery (Months 12-24)
- If settlement negotiations fail, attorney files lawsuit before statute of limitations expires
- Discovery phase: depositions, document requests, expert disclosures
- Independent medical examinations by defense doctors
- Mediation or arbitration attempts
Step 6: Trial or Settlement (Months 18-36+)
- Most cases settle before trial, often during or after mediation
- If trial occurs, jury hears evidence and determines fault and damages
- Appeals possible but uncommon in personal injury cases
Timeline Reality Check: PCS claims often take 1-3 years to resolve, particularly if you go to trial. The severity of your injuries, complexity of liability issues, and court scheduling all affect duration. While waiting can be frustrating, settling too early (before understanding the full extent of your permanent limitations) can leave you significantly undercompensated.
Challenges Unique to Post-Concussion Syndrome Claims
PCS cases face distinctive obstacles that make experienced legal representation particularly valuable:
The “Invisible Injury” Problem
Unlike broken bones or surgical scars, post-concussion syndrome doesn’t show up on standard imaging. Insurance companies exploit this by claiming symptoms are exaggerated or unrelated to the accident. You need expert testimony explaining why normal MRIs don’t rule out genuine brain dysfunction.
Pre-Existing Conditions and Causation
If you had prior concussions, migraines, depression, or anxiety, insurance companies will argue your current symptoms stem from pre-existing issues rather than the defendant’s negligence. Your medical experts must distinguish between pre-existing and new symptoms.
Symptom Overlap with Psychological Conditions
Many PCS symptoms (difficulty concentrating, sleep problems, irritability, depression) also occur in mental health conditions. Defense attorneys may argue you’re suffering from psychological issues, not brain injury. Neuropsychological testing helps differentiate.
Independent Medical Examinations
Insurance companies will require you to see their chosen doctor (called an “independent” medical examination, though these doctors are paid by the insurer). These exams are designed to minimize your injuries. Your attorney should prepare you thoroughly for this critical evaluation.
The Settlement Pressure Dilemma
Financial pressure from lost wages and medical bills may push you toward early settlement offers. However, accepting too soon—before understanding whether your symptoms are permanent—can cost you hundreds of thousands in compensation. An experienced attorney helps you make informed decisions about settlement timing.
New York’s Three-Year Statute of Limitations
New York law imposes strict deadlines for filing personal injury lawsuits:
- General rule: 3 years from the date of the accident that caused your PCS
- Exception for minors: The clock doesn’t start until the injured person turns 18
- Government defendants: Notice of Claim must be filed within 90 days if suing New York State, city, or municipal entity
- Discovery rule: Limited exceptions if the injury wasn’t immediately discoverable
Don’t Wait Until Year Three: While you have three years, waiting too long makes evidence collection harder (witnesses forget details, video footage gets deleted, medical records become harder to obtain). Consult an attorney within the first few months after your injury for the strongest possible case.
Frequently Asked Questions About Post-Concussion Syndrome Claims
Can I sue for post-concussion syndrome if I never lost consciousness?
Yes. Loss of consciousness is not required for either a concussion diagnosis or post-concussion syndrome. The ICD-10 and DSM-5 diagnostic criteria focus on symptoms—not whether you blacked out. Many PCS patients never lost consciousness but still suffer severe, debilitating symptoms that qualify for compensation. What matters is demonstrating that you experienced a traumatic brain injury (through mechanism of injury and symptom onset) and that symptoms have persisted for 3+ months.
How long do I have to wait before filing a PCS claim in New York?
You don’t have to wait a specific period before consulting an attorney or gathering evidence, but the “90/180-day rule” for New York’s serious injury threshold means your claim becomes stronger after demonstrating 90+ days of substantially complete disability within the first 180 days post-injury. Many attorneys recommend waiting until you reach maximum medical improvement (when symptoms plateau) before settling, which can take 6-18 months or longer. However, you must file your lawsuit within 3 years of the injury date, so don’t delay consulting an attorney.
What if my MRI and CT scans came back normal but I still have symptoms?
Normal imaging doesn’t disqualify you from compensation. Post-concussion syndrome frequently presents with normal CT and MRI scans because these tests show structural damage, not functional impairment. Your claim relies on clinical diagnosis (symptom evaluation), neuropsychological testing (objective cognitive assessment), and expert medical testimony explaining why brain dysfunction can exist without visible structural damage. This is precisely why thorough documentation and specialist evaluations are critical for PCS cases.
Can gaps in my medical treatment destroy my PCS claim?
Gaps in treatment are extremely damaging to New York PCS claims. The Court of Appeals has held that unexplained treatment gaps raise questions about both the severity of your injuries and whether your current symptoms are actually related to the accident. However, documented reasons for gaps (financial hardship, lack of transportation, doctor unavailability) can mitigate this damage. If you stopped treatment because you felt better, then symptoms returned, that’s different from never treating at all. The key is consistent, documented attempts to address your symptoms.
How much is the average settlement for post-concussion syndrome in New York?
There is no true “average” because PCS settlements vary enormously based on severity, permanence, and impact. Mild cases resolving within a year might settle for $20,000-$80,000, while severe cases with permanent disability can reach $500,000 to over $5 million. The critical factors are: (1) whether you meet the serious injury threshold, (2) the extent of your functional limitations, (3) impact on earning capacity, (4) need for future medical care, and (5) strength of liability evidence. An experienced attorney can provide a realistic valuation after reviewing your specific medical evidence and circumstances.
What if I was partially at fault for the accident that caused my PCS?
New York follows “pure comparative negligence” rules, meaning your compensation is reduced by your percentage of fault, but you can still recover even if you were 99% responsible. For example, if your total damages are $200,000 but you were 30% at fault, you’d receive $140,000. However, being partially at fault can affect whether you meet the serious injury threshold requirement. Insurance companies will aggressively investigate and argue for higher percentages of plaintiff fault to reduce their payouts.
Do I need a lawyer for a post-concussion syndrome claim?
While not legally required, PCS claims are among the most complex personal injury cases due to the serious injury threshold requirement, invisible nature of symptoms, and need for expert medical testimony. Insurance companies have teams of lawyers and doctors working to minimize or deny your claim. Most reputable brain injury attorneys work on contingency (no upfront costs, fees only if you win), typically 33-40% of recovery. Given that studies show represented claimants receive significantly higher settlements than unrepresented individuals, the attorney fee usually pays for itself many times over through increased recovery.
Can I claim compensation for post-concussion syndrome from a workplace accident?
If you developed PCS from a work-related injury, you likely have both a workers’ compensation claim and potentially a third-party personal injury lawsuit. Workers’ comp provides medical coverage and partial wage replacement regardless of fault, but limits your recovery. However, if a third party (not your employer or coworker) caused your injury—such as a negligent driver who hit you while working, or a defective product manufacturer—you can pursue a separate lawsuit for full damages including pain and suffering. New York’s scaffold law and labor law provisions also provide special protections for construction workers injured in falls.
What happens if the person who caused my PCS doesn’t have enough insurance?
If the at-fault party has insufficient insurance to cover your damages, you may have several options: (1) Underinsured motorist (UIM) coverage on your own auto policy, which covers the gap between the at-fault driver’s limits and your total damages; (2) Claims against multiple parties if more than one person bears responsibility; (3) Personal assets of the defendant (though most individuals lack significant assets beyond insurance); (4) Umbrella policies that provide additional coverage above standard auto policies. An experienced attorney identifies all available insurance sources to maximize your recovery.
How do I prove my post-concussion syndrome is permanent versus temporary?
Proving permanence requires medical experts who can testify based on: (1) Duration—symptoms persisting 12-18+ months despite treatment suggest permanence; (2) Plateau—reaching maximum medical improvement with residual deficits; (3) Neuropsychological testing—objective evidence of persistent cognitive impairment; (4) Medical literature—studies showing percentage of PCS patients with symptoms lasting years; (5) Functional capacity evaluations—demonstrating ongoing real-world limitations. The longer your symptoms persist with consistent medical documentation, the stronger the case for permanence. However, even temporary PCS lasting 6-12 months can justify substantial compensation for the period of disability.
Maximizing Your Post-Concussion Syndrome Compensation
These strategic steps can significantly strengthen your PCS claim and increase your settlement value:
1. Seek Immediate Medical Attention
Visit an emergency room or urgent care facility immediately after any head injury, even if symptoms seem mild. This creates critical documentation establishing causation—that your symptoms began right after the defendant’s negligent act.
2. Follow Every Medical Recommendation
Attend all appointments, complete all recommended therapies, and take prescribed medications. Insurance companies scrutinize medical records looking for noncompliance to argue you didn’t take your injuries seriously.
3. See Appropriate Specialists
PCS claims require specialist evaluations, not just primary care. Essential specialists include:
- Neurologist (PCS diagnosis and treatment)
- Neuropsychologist (cognitive testing and documentation)
- Psychiatrist or psychologist (emotional/behavioral symptoms)
- Vestibular specialist (dizziness/balance issues)
- Neuro-ophthalmologist (vision problems)
- Pain management specialist (chronic headaches)
4. Document Everything
Keep detailed records of:
- Daily symptoms and severity (journal or app)
- Activities you can no longer perform or must modify
- Work limitations and accommodations needed
- Impacts on relationships and quality of life
- All medical expenses (copays, medications, mileage to appointments)
- Lost wages and missed opportunities
5. Avoid Social Media
Insurance companies monitor social media accounts looking for evidence contradicting your claimed limitations. A single photo of you smiling at a family gathering can be mischaracterized as proof you’re not suffering. Either avoid social media entirely during your claim or set all accounts to maximum privacy and post nothing about your activities, health, or the accident.
6. Don’t Give Recorded Statements
The at-fault party’s insurance adjuster will contact you requesting a recorded statement. Politely decline and refer them to your attorney. Anything you say can be used to diminish your claim, and adjusters are trained to ask questions designed to elicit harmful responses.
7. Obtain Witness Statements Early
Memories fade quickly. Your attorney should obtain written or recorded statements from anyone who witnessed the accident or can testify about how your symptoms have changed your life—family members, coworkers, friends who’ve observed your struggles.
8. Consider a Life Care Plan
For severe or permanent PCS, a life care planner (usually a nurse or rehabilitation specialist) can create a detailed, cost-projected plan for your future medical needs, therapies, accommodations, and assistance. This powerfully demonstrates the long-term financial impact of your injury.
Connect with a Qualified New York Brain Injury Attorney
Post-concussion syndrome claims require navigating complex medical testimony, New York’s serious injury threshold requirements, and aggressive insurance company tactics. The difference between an inadequate settlement and full, fair compensation often comes down to having experienced legal representation that understands both the medical science of PCS and the legal strategies that win these cases.
Free Legal Consultation – No Cost Unless We Win
If you or a loved one is suffering from post-concussion syndrome after someone else’s negligence, you deserve to understand your legal options. We connect New York brain injury victims with qualified attorneys who:
- Specialize in traumatic brain injury and post-concussion syndrome cases
- Understand New York’s serious injury threshold requirements
- Work with top medical experts in neurology and neuropsychology
- Work on contingency—you pay nothing unless they win your case
- Provide free, no-obligation case evaluations
Don’t let the insurance company minimize your suffering or pressure you into an inadequate settlement.
We are not a law firm. We provide free information and free attorney connections at no cost to families. Attorneys work on contingency—families pay nothing unless they win.
Conclusion: Understanding Your Rights After Post-Concussion Syndrome
Post-concussion syndrome can transform your life in ways that most people—including insurance adjusters—struggle to understand. The invisible nature of cognitive symptoms, the variability of recovery timelines, and the complex intersection of physical, emotional, and neurological factors make PCS claims particularly challenging.
However, New York law recognizes that these injuries are real, compensable, and can justify significant settlements when properly documented and presented. Whether your symptoms resolve in six months or persist for years, you deserve compensation that reflects the true impact on your life—medical expenses, lost income, pain and suffering, and loss of enjoyment of life.
The key steps to protecting your rights are:
- Seek immediate medical care and maintain consistent treatment
- Document symptoms meticulously and honestly
- Work with specialists who understand PCS and can provide expert testimony
- Consult an experienced brain injury attorney before speaking with insurance companies
- Don’t settle until you understand the full, long-term impact of your injuries
- Remember that you have three years from the accident date to file a lawsuit
Post-concussion syndrome may be invisible to others, but its effects on your daily life are undeniably real. With proper legal representation and comprehensive medical documentation, you can hold negligent parties accountable and secure the compensation needed to support your recovery and future.
Sources and Further Reading
- Postconcussive Syndrome – StatPearls – NCBI Bookshelf
- Diagnostic Criteria for Postconcussional Syndrome – Journal of Neuropsychiatry
- ICD-10-CM Diagnosis Code F07.81: Postconcussional Syndrome
- A Multidimensional Approach to Post-concussion Symptoms – PMC
- Post-Concussion Symptoms and Disability in Adults – Meta-Analysis – PubMed
- Post-concussion Syndrome Prevalence After Mild TBI – PubMed
- Serious Injury Threshold NY: Legal Guide for Car Accidents
- Persistent Post-concussive Symptoms – Diagnosis and Treatment – Mayo Clinic
- Post-Concussion Syndrome Settlement Value In New York
- Post-Concussion Syndrome Accidents | Example Settlements
- Sue For a Concussion in New York – De Caro & Kaplen, LLP
- $5,900,000 Settlement for Worker with Post Concussion Syndrome
