Post-Concussion Syndrome: Long-Term Effects That Impact Hackensack Injury Settlements

Post-concussion syndrome (PCS) transforms a seemingly minor head injury into a long-term condition that significantly impacts the value of a Hackensack injury settlement. The central challenge is proving the severity of symptoms like chronic headaches, brain fog, and dizziness, which are invisible to others.

Insurance companies evaluate claims based on the initial diagnosis—a “mild” concussion—without accounting for months or years of persistent, life-altering effects. These lingering symptoms may prevent you from working, strain your relationships, and lead to substantial medical debt from specialized care.

There is a methodical way to document these “invisible” injuries and build a claim that reflects the true cost of your condition. Your lawyer can systematically gather the right medical evidence and testimony, demonstrating the full scope of your losses.

If you are struggling with symptoms long after an accident and have questions about your situation, call our office for a no-cost discussion about your case. Our firm, Maggiano, DiGirolamo & Lizzi, P.C., is available at (201) 585-9111.

Key Takeaways for Post-Concussion Syndrome Claims

1. Document every symptom and its daily impact. An insurance company will use a lack of consistent medical records and personal notes to minimize your claim.
2. Specialist opinions are essential evidence. Testimony from neurologists and neuropsychologists provides objective data to validate subjective complaints like brain fog and chronic headaches.
3. Your settlement includes future costs and life changes. A comprehensive claim calculates not just current medical bills but also lost future earning capacity and the loss of enjoyment of life.

What Is Post-Concussion Syndrome, and Why Is It Commonly Dismissed?

Following a head injury, most people expect to feel better within a few weeks. But for some, the symptoms don’t fade. This lingering condition is post-concussion syndrome, and its dismissal by others is as frustrating as the symptoms themselves.

What is Post-Concussion Syndrome?

Post-concussion syndrome is a condition where the symptoms of a concussion, like headaches, dizziness, and cognitive difficulties, continue for weeks, months, or even longer than the typical recovery period. 

Research suggests that the prevalence of persistent symptoms after a mild traumatic brain injury (TBI) is significant, with some studies showing more than half of patients still experiencing elevated symptoms at three months.

What Are the Common Lingering Symptoms?

Symptoms are usually grouped into three main categories:

• Cognitive Symptoms: This includes the frustrating feeling of “brain fog,” short-term memory problems, and difficulty concentrating or finding the right words in a conversation.
• Physical Symptoms: Chronic headaches or migraines are common. So are dizziness, vertigo, a debilitating sensitivity to light and noise, and a sense of constant fatigue.
• Emotional & Mood Symptoms: You may experience uncharacteristic irritability, anxiety, depression, or sudden mood swings that feel out of your control.

Why Are These Symptoms So Often Underestimated?

One of the greatest challenges of a PCS claim is making the severity of the condition understood.

The “Invisible” Injury Problem

You may look perfectly fine to friends, colleagues, and even doctors. This makes it incredibly difficult for them to grasp the seriousness of your daily struggles. Your internal battle with focus or pain isn’t visible on the surface.

Initial Diagnosis

In New Jersey, most head injuries are first classified as mild concussions. This early, seemingly minor assessment may not predict long-term problems. When you report persistent symptoms weeks later, an insurance carrier might use that initial “mild” diagnosis to question the validity of your ongoing complaints.

Subjective Nature

Symptoms like brain fog and chronic pain are not visible on a standard X-ray or MRI. Because of this lack of “objective” proof, insurance adjusters may argue that your symptoms are exaggerated or not even related to the accident.

The Financial Ripple Effect: How Lingering PCS Symptoms Affect Your Life and Your Claim

Dwindling Income and Job Insecurity

PCS makes it difficult, if not impossible, to perform the job you once did. Sensitivity to light and noise turns a standard office environment into a place of misery. Cognitive fog erodes the performance of anyone whose job relies on sharp focus, memory, or quick decision-making. You may find yourself burning through sick days and vacation time just to cope, which leads to unpaid leave or even questions about your future employment.

Rising Medical and Rehabilitation Costs

Treating PCS effectively usually requires a team of specialists. Your journey to recovery may involve:

• Neurologists to manage chronic headaches.
• Neuropsychologists to conduct detailed cognitive testing.
• Vestibular therapists to address balance and dizziness issues.
• Occupational therapists to help you find new ways to manage daily tasks.

Many patients benefit from customized, multidisciplinary rehabilitation programs, which are effective but also very costly. Locally, top-tier facilities like Hackensack Meridian Health offer these advanced, comprehensive services to aid recovery.

The Cost of “Pain and Suffering”

Pain and suffering is a legal concept that refers to the physical discomfort and emotional distress caused by an injury. It covers the daily frustration of being unable to remember your grocery list, the isolation you feel when skipping a family gathering because the noise is too much to bear, and the strain that irritability and mood swings place on your most important relationships.

Long-Term Earning Capacity at Risk

A difficult but necessary question must be asked: What if you cannot return to the same career? 

If your ability to earn a living is permanently impacted, your settlement must account for this. This is known as “diminished earning capacity,” a type of legal damage that calculates the wages you will lose over the course of your working life due to the injury.

Building a Bridge of Proof: Documenting Your “Invisible” Injury for a Hackensack Settlement

Since you are unable to point to an X-ray to show your injury, you must build a different kind of case—one based on consistent documentation and specialized medical opinions. Creating this bridge of proof is how you make an “invisible” injury visible to an insurance company and, if necessary, a jury.

Your First Priority: Consistent Medical Care

An insurance company will scrutinize your medical records. Any large gaps in treatment are interpreted by insurance companies as a sign that you have recovered, even if you were still suffering at home. Attending all scheduled appointments and following your doctors’ recommendations helps demonstrate the persistence of your condition.

The Power of a Daily Symptom Journal

This simple tool is one of the most powerful pieces of evidence in your case. Your journal provides a detailed, day-by-day account of how your life has changed. To make it effective, be specific.

• What to Track: Note your symptoms (headache, dizziness, confusion), rate their severity on a 1-10 scale, and record the time of day they are at their worst.
• Connect to Daily Life: Do not just write “had a headache.” Instead, write, “Tried to help my son with his math homework but had to stop after 15 minutes because of a blinding headache.” This connects the symptom to a real-world limitation.

Gathering Objective Evidence

While your symptoms may feel subjective, there are ways to demonstrate them with objective proof.

• Neuropsychological Evaluation: As mentioned, this is the key to making subjective cognitive symptoms objective. The evaluation provides standardized scores that clearly show deficits when compared to a baseline.
• Statements from Those Around You: Testimony from family members, trusted friends, and co-workers is compelling. They describe the changes they have witnessed in your personality, memory, and abilities since the accident.
• Work Records: A decline in your work capacity is illustrated through performance reviews, emails from your supervisor about missed deadlines, or a record of a formal demotion or reduced responsibilities.

Calculating the Full Cost: What Damages Are Included in a PCS Settlement?

A personal injury settlement in New Jersey is carefully calculated to compensate you for all accident-related losses, which are separated into two categories: economic and non-economic damages.

Economic Damages (The Measurable Losses)

These are the tangible, out-of-pocket costs calculated with bills, receipts, and expert analysis.

• All Medical Bills (Past and Future): This includes everything from the ambulance and initial ER visit to the projected costs for future physical therapy, medications, and specialist appointments.
• Lost Wages: This is the income you have already lost because your symptoms prevented you from working.
• Loss of Future Earning Capacity: If your injury permanently changes your career path or reduces your ability to earn a living, this is a significant component of your damages. We work with vocational and economic experts to calculate this lifetime loss.

Non-Economic Damages (The Human Losses)

These damages are harder to quantify but are just as real. They are intended to compensate for the human impact of the injury.

• Pain and Suffering: This compensates you for the physical pain, emotional distress, and mental anguish you have endured because of the injury and its ongoing symptoms.
• Loss of Enjoyment of Life: This is compensation for the inability to participate in the hobbies, activities, and life experiences that previously brought you joy. For instance, if chronic dizziness now prevents you from hiking, playing with your children, or coaching a local sports team.
• Loss of Consortium: If your injuries have had a significant negative impact on your relationship with your spouse (affecting companionship, affection, and intimacy), your spouse may also have a claim for these damages.

Common Roadblocks in New Jersey PCS Claims

“Your Symptoms are From a Pre-Existing Condition”

Adjusters may review your past medical records and find a history of anxiety or migraines. They may then argue these are the true cause of your current symptoms. 

We counter this by using new medical evidence to show the accident either triggered a new set of debilitating symptoms or significantly worsened a previously manageable condition.

“You Have Gaps in Treatment”

As mentioned before, any break in your medical care may be presented as “proof” that you were no longer suffering or that your injury had healed. Always maintain consistent medical follow-up to protect the integrity of your claim.

“There Is No Objective Proof of Injury”

This is the most frequent defense in PCS cases. The insurance company will point to “normal” MRI and CT scans as evidence that there is no injury. Our response is to present the comprehensive body of proof we have built: the neuropsychological testing results, reports from your specialists, testimony from your family, and your own detailed symptom journal.

Frequently Asked Questions About Post-Concussion Syndrome Claims in Hackensack

How long do I have to file an injury claim in New Jersey?

In most New Jersey personal injury cases, you have two years from the date of the accident to file a lawsuit under the state’s statute of limitations, N.J.S.A. 2A:14-2. However, the deadline is much shorter if a government entity is involved. Always confirm the exact deadline that applies to your specific situation with a lawyer.

What if my concussion symptoms didn’t appear for days or weeks?

This is a common experience, as some concussion symptoms do not appear right away. A delayed onset of symptoms does not prevent you from filing a claim, but it makes seeing a doctor promptly essential to clearly document when the symptoms began and how they connect to the initial accident.

My doctor just told me to rest. Is that enough for a legal claim?

Rest is a key part of the initial recovery from a concussion. However, for a legal claim involving persistent symptoms, simple rest is not enough. You need ongoing documentation of your symptoms and how they limit your daily functions. If your symptoms are not improving, we recommend asking your doctor for a referral to a specialist.

Can my mental health history be used against me in a PCS case?

The defense may try to use a pre-existing condition like anxiety or depression to argue your symptoms are not from the accident. Our job is to show how the physical and emotional trauma from this accident triggered a new condition or made a past one significantly worse. That change is a compensable injury.

What is a typical Post-Concussion Syndrome settlement amount in New Jersey?

There is no “typical” amount. The value of every case depends entirely on the specific facts: the severity and duration of your symptoms, the total amount of your medical bills and lost income, and the quality of the evidence we assemble to prove your long-term prognosis.

Your Symptoms Are Real. Your Settlement Should Reflect That.

The challenge of post-concussion syndrome is real, and you should not have to pay for the financial consequences of someone else’s negligence.

Building a strong PCS claim is about methodically telling the true story of your injury. Our role at Maggiano, DiGirolamo & Lizzi, P.C. is to gather the evidence, work with top medical experts, and present that story clearly and forcefully. We handle the legal process so you focus on your health.

If you’re struggling with persistent concussion symptoms after an accident in Bergen County, call us. We are here to answer your questions. Contact us at (201) 585-9111 for a confidential conversation about your rights.