Post concussion syndrome accident attorney

Most people who sustain a concussion recover. A minority do not, and continue to experience headache, difficulty concentrating, fatigue, sensitivity to light and noise, sleep disturbance and mood change well beyond the expected window. That persistent presentation is what post-concussion syndrome describes, and it is contested more aggressively than almost any other injury because the symptoms are real, disabling and largely invisible. Law Offices Of SRIS, P.C. handles brain injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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What the imaging and records show

Imaging is characteriztically normal, and that is expected rather than contradictory — the injury is functional rather than structural at the resolution that clinical imaging can see. CT and MRI are obtained to exclude bleeding and other structural injury, and their normality is often the defense’s central exhibit. The evidence that actually establishes the condition is clinical: the documented symptom pattern over time, formal neuropsychological testing with validity measures, and objective assessments of vestibular and oculomotor function where those systems are affected.

Why this injury meets the legal threshold

This is the hardest threshold question in brain injury practice, and it is answered with documentation rather than assertion. What establishes it: contemporaneous recording of symptoms from the earliest medical contact, a consistent pattern across independent clinicians, objective findings on vestibular or oculomotor testing where present, neuropsychological results showing deficits with valid effort, and third-party accounts of specific functional change. Where a jurisdiction imposes an objective-findings threshold, these assessments are what satisfy it.

Typical treatment course and prognosis

Management is symptom-directed and multidisciplinary: graded return to activity rather than complete rest, treatment of headache, vestibular therapy for dizziness and balance, vision therapy for oculomotor dysfunction, cognitive rehabilitation, and attention to sleep and mood, both of which amplify cognitive symptoms if untreated. Recovery is usually gradual and non-linear, with good days and bad days. Where symptoms persist beyond a year, they are more likely to be lasting, and a treating physician’s opinion on that becomes central.

How insurance carriers attack this diagnosis

The most heavily litigated attack in this practice. That imaging is normal. That there was no loss of consciousness. That the symptoms are non-specific and common in the general population. That they are attributable to depression, anxiety, poor sleep, medication or pre-existing conditions. That the person is exaggerating for financial gain, supported by surveillance and social media. And that symptoms which improved and then recurred show the condition is not organic. Expect a defense neuropsychological examination focused heavily on effort and validity testing.

Proving the accident caused it

Build the chain and document it early. Establish the mechanism. Ensure symptoms are recorded from the first medical contact, including the ones people forget to mention — light sensitivity, word-finding difficulty, irritability. Establish consistency across independent clinicians who were not coordinating. Obtain neuropsychological testing that includes validity measures, because passing them removes the exaggeration argument rather than merely denying it. And gather dated, specific third-party accounts of functional change from employers and family while recollection is fresh.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

My scans are normal. Does that mean nothing is wrong?

No. Post-concussion syndrome is a functional rather than structural condition, and normal CT and MRI are expected. Those studies are obtained to exclude bleeding and other structural injury, and their normality is a good clinical result. The condition is established through the clinical picture, formal testing and documented functional change rather than through imaging.

How long should recovery take?

Most people recover within weeks to a few months. When symptoms persist substantially beyond the expected window, the presentation is described as post-concussion syndrome. Symptoms continuing past a year are more likely to be lasting. Because a settlement is final, this is a reason not to resolve a claim before the trajectory is reasonably clear.

Why does the insurer keep raising my depression?

Because mood symptoms overlap with post-concussion symptoms and provide an alternative explanation. It is worth addressing directly rather than avoiding: depression and anxiety are recognized consequences of brain injury as well as potential confounders, and treating clinicians can distinguish the pattern. Concealing a psychiatric history is far more damaging than addressing it.

What is validity testing and why does it matter?

Neuropsychological batteries include measures designed to assess whether a person is putting forth genuine effort. Passing them is affirmative evidence that the results reflect real deficits rather than exaggeration, which is precisely the argument the defense will make. Testing performed without validity measures is significantly less useful, which is one reason the choice of clinician matters.

I went back to work. Does that damage my claim?

Not if it is documented accurately. Many people return to work and function at a reduced level, with more effort, longer hours for the same output, accommodations, or performance issues that were not previously present. That is evidence, not a contradiction. What damages a claim is a gap between what is reported and what the record shows.

Am I likely to be under surveillance?

It is realistic to assume investigation is possible in a contested claim, including review of public social media. This is not a reason to change your behavior. It is a reason to describe your limitations accurately, including the days you function better, because inconsistency between your account and a recording does more harm than any activity itself.

Should I keep a symptom diary?

Yes, and start now. Recall of specific difficulties degrades quickly, and general statements that you are struggling carry far less weight than dated, concrete examples — a meeting you could not follow, a route you got lost on, a task you had to redo. Record them briefly and contemporaneously, and share them with your clinicians.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and discovery rules and to shorter notice periods for claims against government entities. A diagnosis made months after the injury does not automatically extend the deadline, so have it confirmed on your facts.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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