Still Having Symptoms After a Crash? Learn Whether You Can Sue for Post-Concussion Syndrome in Virginia

Can you sue for post-concussion syndrome? Yes, you may be able to, if another person’s negligence caused the crash and the brain injury behind your symptoms.

Post-concussion syndrome is a set of symptoms that continue after a concussion. Proving that the crash caused those symptoms is the center of any claim. This page explains the symptoms, how they are documented, the Virginia rules that matter, and what families should know when a brain injury leads to death.

The firm handles car accidents, truck accidents, catastrophic injuries and wrongful death cases. Its offices are in Winchester and Harrisonburg, and it serves clients from the Shenandoah Valley, Richmond and Henrico County.

What Is Post-Concussion Syndrome?

Post-concussion syndrome is a group of symptoms that last after a concussion. A concussion is a brain injury caused by a blow to the head, a jolt, or a sudden movement of the head.

Most symptoms appear at the time of the crash or soon after. Some symptoms can start hours or days later, which can make the link to the crash easy to miss.

For some people, symptoms continue for weeks or months. No fixed timeline applies to everyone, so how long symptoms last is a medical question.

Post-concussion syndrome is a type of traumatic brain injury. Only a treating clinician can evaluate it. Reading a list of symptoms does not make a diagnosis. A medical evaluation is how you learn what is going on.

What Are the Symptoms of Post-Concussion Syndrome, Including Headaches?

Headaches are a common symptom. Others include dizziness, trouble concentrating or remembering, sleep changes, irritability, sensitivity to light or noise, and fatigue. Not everyone has all of them, and they often rise and fall from day to day.

Headaches are worth tracking carefully. Write down when each one starts, how long it lasts, what seemed to bring it on, and what helped. A written log gives your clinician a clearer picture than memory alone.

Reading and screen time matter too. Some people find that reading, phone screens or bright light bring symptoms back. Note the date, the task and how long you could keep going. Clinicians often ask about these details because they show how symptoms change over time. Treatment choices belong with your medical team.

Several symptoms overlap with other conditions, including sleep problems and stress. A medical evaluation helps sort out which symptoms come from the brain injury and which come from something else.

How Is Post-Concussion Syndrome Evaluated and Documented?

Post-concussion syndrome is usually evaluated by a team of clinicians, not by one test. The first visit may be with an emergency physician or a primary care doctor. Follow-up care may involve a neurologist, a neuropsychologist, or a physical or occupational therapist.

An evaluation may include a neurological exam and imaging when a clinician orders it. It may also include cognitive and balance testing and symptom questionnaires. No single test is conclusive for every patient, and a normal scan does not rule out a concussion.

Records matter from the first visit onward. Keep appointment notes, work restrictions, referral letters and every discharge paper you receive. Pair them with your dated symptom journal.

Gaps in care can make the timeline harder to explain later. Tell your clinicians about every symptom, including the ones that seem minor.

Can You Sue for Post-Concussion Syndrome in Virginia?

A claim for post-concussion syndrome is a personal injury claim. It generally asks whether another person’s careless conduct caused the crash and the brain injury that followed. The key link is causation, meaning the crash caused the symptoms.

Responsible parties may include another driver, a truck owner or operator, or another party whose conduct played a role.

Virginia follows contributory negligence: if you are found even partly at fault, you may be barred from recovering, with limited exceptions. Talk to a lawyer about your facts.

Medical proof that the symptoms link to the crash is central to the claim. How strong that proof is depends on the facts.

Time Limits and First Steps After a Crash

Deadlines matter in every claim. Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)); the clock runs from the date of injury, not the date of discovery, with narrow exceptions. The statute’s text is at Va. Code § 8.01-243.

Virginia requires a driver involved in a crash with injury or death to stop and report it to police immediately (Va. Code §§ 46.2-371, 46.2-894). That reporting duty is separate from the two-year lawsuit deadline.

Keep the crash report, photos, medical records and your symptom journal together.

When a Brain Injury Leads to a Wrongful Death Claim

When a brain injury leads to death, a wrongful death claim must be brought by and in the name of the personal representative of the person who died. Virginia law allows that claim when a death is caused by a wrongful act that would have supported an injury claim had the person lived (Va. Code § 8.01-50).

A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code §§ 8.01-50(C), 8.01-244(B)), on behalf of the family members the statute protects.

Virginia wrongful death damages cover the family’s sorrow, mental anguish and loss of the decedent’s companionship, guidance and care; lost income and services; medical expenses from the injury; funeral expenses; and, for willful or wanton conduct, punitive damages (Va. Code § 8.01-52).

Related pages cover pedestrian and bicyclist brain injuries, brain injuries in truck crashes on Interstate 81, and spinal cord injuries.

Frequently Asked Questions