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What is the case value on a settlement for a concussion if you cannot see the injury?

Q: Is it true there is little to no case value on settlement for post concussion as Ins Co and a jury cannot see the injury? Car accident happened 2.5 years ago. Geico now wants to settle (10k less med fees not paid by my med ins less atty fees = 4500.) citing there is no value since it’s post concussion and no one can see the injury. My child (15 at time) hit their head on front and side windows from impact. Other driver was ticketed and ticket was not dismissed went on his record. It was about a month later I figured out my kids headaches were not related to school, sports etc and we went to our family Dr whom referred us to pediatric neurologist that confirmed it was post concussion. Had to stop sports and school activities due to headaches. We’ve been continuous in our appts and medication will probably be on med for next year, have appt slated for 12/2014. Yes have ‘PI lawyer’ says settle @10k.

A: It is true that Post Concussion Syndrome is not like a fracture, which is easy to see, diagnose, and prove. But, it is real, and can be long lasting. Both the lawyer and doctors must be experienced in dealing with this type of an injury. If your child was fully evaluated by the pediatric neurologist, as you indicate, and there is such a diagnosis, and your child has continuing problems as a result of this injury, then you may want to carefully consider settling this case for minimal compensation. However, only an experienced personal injury lawyer who knows all of the details of your case can make that evaluation. You should also keep in mind that this is not your case, you as the parent, are acting as a fiduciary for your child in deciding how to handle and whether to settle your child’s case, so I suggest you exercise caution.

Questions and answers taken from my Avvo profile.

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Ronald F. Wittmeyer, Jr. practices plaintiffs' personal injury law at his office in Arlington Heights, Illinois.

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