Post traumatic seizure disorder accident attorney

Seizures that begin after a head injury are among the most disruptive consequences of brain trauma, and among the most under-compensated, because their effects extend well past the seizures themselves — into driving, employment, medication with its own side effects, and the constant possibility of another event. 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 medical record shows

Imaging identifies the structural injury that provides the substrate — a contusion, a haemorrhage, a depressed or penetrating fracture, or an area of encephalomalacia on later scans. Electroencephalography may show epileptiform activity, although a normal study does not exclude the condition since abnormalities are intermittent. The most important record is often the clinical description of the events themselves: what happened, how long it lasted, whether there was warning, and what the person was like afterward, documented by whoever witnessed it.

Why this injury meets the legal threshold

A documented seizure disorder following a documented head injury is objective injury. Where an anticonvulsant has been prescribed, where driving has been restricted, or where an occupation has been affected, the consequences are concrete and independently verifiable. The contested question is usually causation and, where the injury was mild, whether the seizures are attributable to the trauma at all.

Treatment and its own consequences

Management is generally with anticonvulsant medication, sometimes long term, with monitoring. The medication itself commonly produces fatigue, cognitive slowing and mood effects, which compound any cognitive deficits from the underlying injury — a point frequently missed in valuing these claims. Driving restrictions follow rules that vary by state and are imposed by licensing authorities rather than by the treating physician. Some occupations become unavailable. These consequences should be documented as damages in their own right rather than treated as incidental.

How carriers attack this diagnosis

By arguing the seizures are not epileptic in origin but are functional or psychogenic, particularly where electroencephalography is normal. By pointing to a family history of seizures, prior head injury, alcohol use or medication as alternative causes. By arguing that a long interval between the trauma and the first seizure breaks the causal chain, when a delayed onset is in fact a recognized pattern. And by arguing the events are self-reported and unwitnessed.

Proving the accident caused it

Establish the structural injury and its severity, since risk correlates with the nature of the trauma — penetrating and depressed injuries and intracranial bleeding carry a higher risk than uncomplicated concussion. Establish the absence of any prior seizure history through medical records. Document each event as fully as possible, ideally through witness accounts rather than the person’s own recollection, which is often absent. And obtain a treating neurologist’s opinion on causation and on the expected duration of treatment.

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

How long after a head injury can seizures start?

They can begin immediately, in the days afterward, or considerably later — delayed onset is a recognized pattern rather than an argument against causation. The risk relates to the nature of the injury, with penetrating injuries, depressed fractures and intracranial bleeding carrying higher risk than uncomplicated concussion.

My EEG was normal. Does that mean I do not have epilepsy?

No. Electroencephalography records brain activity during a limited window, and abnormalities are intermittent, so a normal study is common in people who do have a seizure disorder. Diagnosis rests substantially on the clinical description of the events, which is why witness accounts matter so much.

Will I be able to drive?

Driving after seizures is governed by state licensing rules, which commonly require a period free of seizures before a license is restored and vary considerably between states. This is not a decision your physician makes. Loss of the ability to drive is a substantial and compensable consequence, particularly where it affects employment.

Do I have to take medication forever?

That is a question for your treating neurologist and depends on the cause, the pattern and your response. Some people are managed for a defined period; others require long-term treatment. Where indefinite medication is anticipated, its cost, its monitoring requirements and its own side effects belong in the future-care analysis.

The insurer says my seizures are psychogenic. What does that mean?

It refers to events that resemble seizures but do not arise from abnormal electrical activity in the brain. It is a real clinical entity and it is also a predictable defense argument, particularly where EEG studies are normal. Distinguishing the two requires appropriate assessment, sometimes including extended monitoring, by a qualified neurologist.

Nobody witnessed my seizures. Is that a problem?

It makes documentation harder but not impossible. Where events are unwitnessed, contemporaneous records of the aftermath — confusion, injury sustained during the event, tongue biting, incontinence, prolonged disorientation — carry weight, as do the accounts of anyone who found you afterward. Report every event to your neurologist so it enters the record.

How does this affect my work?

Often substantially. Some occupations become unavailable on safety grounds — commercial driving, work at height, operating machinery — and medication effects can limit others. This is loss of earning capacity rather than lost wages, and it requires vocational and medical evidence rather than a personal estimate.

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 where a government entity is involved. A first seizure occurring long after the injury does not automatically extend the deadline, so it should be assessed promptly.

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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