Can a Concussion Be Delayed?

Up to an estimated thirty percent of concussion symptoms are delayed by hours, days, or even weeks after the initial injury, manifesting as post-concussion syndrome. This startling statistic challenges the common belief that the effects of a concussion are immediately apparent. 

Delayed symptom onset can significantly complicate diagnosis and treatment, leaving many individuals unaware that they’ve suffered a brain injury, or even the type of brain injury, until it’s too late to prevent further harm. That’s where having an experienced brain injury lawyer comes into play.

We have extensive experience with individuals suffering from traumatic brain injuries. From concussions to TBIs, our lawyers have helped clients recover over $1 billion in lost wages, compensation, and damages. 

But we can only help you get the ball rolling after you’ve taken steps to protect yourself. Don’t hesitate to get in touch with us for questions and help about your claim at (757) 244-7000.

“Without Stephen’s help I’d probably be dead and penniless. I am a brain injury survivor. On the 4th of July weekend (in 2004), my life was turned inside out when I was hit on my motorcycle. My brother-in-law was searching for brain injury specialists and happened to find Mr. Smith. And he was a lawyer too! Mr. Smith helped us get a settlement fast, and things are much better now.”

— Jonathan B. Minnesota

Why Can A Concussion Symptom Be Delayed?

Physiological Reasons

Concussions are a form of traumatic brain injury (TBI) that affects the brain in complex and sometimes unpredictable ways. The brain is a sensitive organ, and an injury’s effects can be immediate or delayed. Here’s why:

Complex Brain Response

• Delayed Symptom Onset: When the brain is injured, it doesn’t always show signs of distress immediately. The brain has complex processes that might initially compensate for the injury. As time passes, however, these compensatory mechanisms can fail, leading to the delayed appearance of symptoms such as headaches, dizziness, or cognitive impairment.
• Secondary Injury Processes: After the initial impact, the brain might undergo secondary injury processes that aren’t immediately apparent. For example, brain swelling or bleeding may develop over time. These conditions can increase pressure on the brain, leading to symptoms that appear hours or even days after the initial injury.

Gradual Symptom Manifestation

• Cumulative Effects: Some symptoms may take time to manifest because they are the result of cumulative damage. For instance, repeated minor injuries might not cause immediate symptoms but can lead to significant issues over time as the brain struggles to recover from multiple impacts.
• Delayed Cellular Reactions: The cellular and chemical changes in the brain following a concussion can evolve slowly. Inflammatory responses, for example, can develop over a while, contributing to symptoms that were not present initially.

For this reason, it’s important to take the maximum amount of time you can to rest post-concussion. If you’re experiencing pushback from work, don’t give in. We’re here to represent your best interests, and it’s in your employer’s best interest to prevent a negligence claim.

Psychological and Environmental Factors

Exacerbation of Symptoms

Concussion symptoms can be significantly influenced by psychological and environmental factors, which can either exacerbate or reveal symptoms that were not initially apparent.

Stress and Fatigue

• Impact of Stress: After a concussion, the brain is in a vulnerable state. Stress, whether from daily life or related to the injury itself, can strain the brain’s ability to cope. This added pressure can exacerbate symptoms like headaches, anxiety, and difficulty concentrating, which might not have been noticeable immediately after the injury.
• Role of Fatigue: Fatigue can further complicate recovery. The brain requires extra energy to heal after a concussion, and fatigue reduces its capacity to manage this process. When individuals push themselves too hard, whether mentally or physically, it can lead to the sudden onset of symptoms that have been latent, such as dizziness, irritability, or cognitive difficulties.

Returning to Normal Activities Too Soon

• Premature Activity Resumption: One of the most common environmental factors contributing to delayed concussion symptoms is returning to normal activities too quickly. Physical or mental exertion before the brain has fully healed can trigger symptoms that were not present or were mild immediately after the injury. This is particularly common in sports or high-stress work environments, where there is pressure to resume normal routines quickly.

Lack of Immediate Medical Care

• Worsening of Symptoms Over Time: Failing to seek immediate medical care after a concussion can lead to the worsening of symptoms. Without proper diagnosis and management, the brain may be subjected to further strain, leading to more severe and prolonged symptoms. Additionally, without medical guidance, individuals may inadvertently engage in activities that exacerbate their condition, leading to delayed and intensified symptoms. 

Legal Implications of Delayed Concussion Symptoms

Challenges in Personal Injury Claims

When dealing with a concussion, especially one with delayed symptoms, the legal landscape can become incredibly complex. One of the primary challenges with delayed symptoms is linking these symptoms to the initial incident. Insurance companies often exploit this delay, arguing that the symptoms are unrelated to the original injury or, worse, that they stem from pre-existing conditions.

• Difficulty in Establishing Causation: Since symptoms may appear days or weeks after the incident, it becomes challenging to prove that they were directly caused by the initial event. This can be particularly problematic in cases where the injured party resumed normal activities before symptoms emerged, making it easier for insurers to dispute the claim.
• Insurance Tactics: Insurance companies might argue that the delayed symptoms are coincidental or a result of unrelated issues. They could suggest that the symptoms arose from daily activities, stress, or even other minor incidents that occurred after the initial injury, thereby denying or minimizing the claim.

Statute of Limitations

In personal injury cases, the statute of limitations sets a deadline by which a claim must be filed. The delayed onset of concussion symptoms can complicate this timeline. Reach out to us online or by phone at (757) 244-7000, and we’ll take a look at your claim.

• Importance of Early Action: Even if symptoms are delayed, it’s important to seek legal advice immediately after the incident. Early documentation of the injury, even if symptoms haven’t yet appeared, helps us protect your rights.
• Impact on Legal Deadlines: If symptoms appear after the statute of limitations has expired, you may lose the right to file a claim. Some jurisdictions allow for an extension of the statute of limitations if the injury is not immediately apparent, but this can be difficult to prove without solid evidence.

Importance of Medical Documentation

Comprehensive medical documentation is a cornerstone of any successful personal injury claim, particularly when dealing with delayed concussion symptoms.

• Seek Immediate Medical Attention: After any head injury, seek medical attention immediately, even if you feel fine. A thorough medical examination can detect subtle signs of injury that may not be obvious and can serve as a critical piece of evidence if symptoms develop later.
• Linking Injury to Symptoms: Detailed medical records can help establish a clear link between the initial injury and the delayed symptoms. This documentation is invaluable in countering arguments from insurance companies that the symptoms are unrelated or pre-existing.

The Brain Injury Law Center is In Your Corner

Gathering all the necessary evidence to prove your claim, especially after a delayed concussion, may seem daunting. However, our lawyers at the Brain Injury Law Center have a proven track record of success in handling brain injury cases.

Our experienced lawyers have fought for brain injury victims for over five decades to get them the compensation they need to cover the sizable costs of treatment for their damage and recovery. 

We understand how debilitating a brain injury can be and are ready to talk with you when you schedule a free consultation with our team today by contacting us online or calling (757) 244-7000.

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