Legally Reviewed by William Pemberton on September 30, 2026
You hit your head weeks or even months ago. The doctor said it was a concussion, and you expected to feel better soon. But the headaches have not gone away. You are struggling to focus at work. Sleep is difficult, and some days you may not feel like yourself. You may be dealing with post-concussion syndrome (PCS). If someone else caused your injury, you may have legal options.
Post-concussion syndrome (PCS) happens when concussion symptoms last well beyond the typical healing window. While many concussions improve within a few weeks, PCS can last for months or longer and affect your ability to work, focus, and enjoy daily life. At Pemberton Personal Injury Law Firm, we work with people across Wisconsin who are dealing with serious brain injuries caused by someone else’s careless actions. If PCS is affecting your daily life, you may have options.
What Is Post-Concussion Syndrome?
Post-concussion syndrome is a condition where physical, mental, emotional, and sleep-related symptoms continue after a concussion. According to the National Institutes of Health, common symptoms include headaches, dizziness, fatigue, difficulty concentrating, and insomnia. For most people, concussion symptoms are temporary. When symptoms last for months, a doctor may diagnose PCS.
PCS can follow any head injury, from a minor bump to a more severe trauma. Car accidents, slip-and-fall incidents, workplace injuries, and pedestrian accidents are all common causes. The effects can be very real, even when CT scans or MRIs appear normal.
How Serious Is Post-Concussion Syndrome?
PCS can affect nearly every part of a person’s life. For many people, it rises to the level of a catastrophic injury because of how deeply it disrupts their quality of life. Someone dealing with chronic headaches, brain fog, and emotional changes may struggle to return to work or daily routines. Relationships, independence, and emotional well-being can also be affected.
PCS claims are often stronger when symptoms are well documented by medical providers. Working with medical professionals who understand the condition and an attorney who knows how to present that evidence can help build a stronger case.
Can You Sue for Post-Concussion Syndrome in Wisconsin?
Yes, PCS can form the basis of a personal injury claim if someone else’s negligence caused the injury. Like other injuries, you must show that someone had a duty of care, failed to act reasonably, and that the breach directly caused your harm.
Establishing Negligence
To build a successful claim, our legal team will work to connect the dots between the accident and your ongoing symptoms. Medical documentation is key. A diagnosis from a neurologist or specialist, records showing your treatment history, and evidence of how PCS has affected your daily life, all help demonstrate the impact of your injury.
What Damages Can You Recover?
When negligence causes lasting injury, Wisconsin law allows injured people to seek compensation for a range of losses. These may include:
- Medical expenses, including specialist visits, therapy, and ongoing treatment
- Lost wages if PCS has kept you from working
- Pain and suffering related to ongoing physical and emotional symptoms
- Loss of enjoyment of life if your ability to participate in normal activities has been affected
The value of a claim depends on the severity of your symptoms, how long they are expected to last, and the strength of the evidence linking your injury to the accident. Every case is different.
What to Know About Suing After a Car Accident or Other Incident in Wisconsin
Many post-concussion syndrome cases in Wisconsin happen after car accidents, though the injury can result from a wide range of incidents. Whether you were in a crash, injured on someone else’s property, or hurt at work, the path toward compensation follows similar legal principles.
Wisconsin follows a modified comparative negligence rule. If you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. You would still be eligible to recover damages as long as your share of fault is less than 51 percent.
Timing also matters. Typically, a lawsuit must be filed within 3 years of the accident, and this time period generally applies to personal injury claims under Wisconsin law. However, there are certain exceptions, so the details of your claim may impact the applicable deadline. Speaking with a Wisconsin personal injury lawyer early may help you better understand your options.
Talk to a Wisconsin Brain Injury Lawyer About PCS
Post-concussion syndrome may not look like an obvious injury, but its effects are anything but invisible. If you are still dealing with symptoms weeks or months after a head injury caused by someone else, you deserve answers about your legal options. The team at Pemberton Personal Injury understands how to build these cases and work to help injured people pursue the compensation they may be entitled to.
We offer free case evaluations, and we do not get paid unless you do. If you are dealing with lasting concussion symptoms after an accident, our team is here to help you understand your next steps.
Frequently Asked Questions About Post-Concussion Syndrome Claims in Wisconsin
What is post-concussion syndrome and how long can it last?
Post-concussion syndrome occurs when symptoms from a concussion, such as headaches, dizziness, difficulty concentrating, and sleep problems, continue beyond the typical recovery window of a few weeks. For some people, symptoms can persist for months or even longer. PCS can follow any head injury, from a seemingly minor bump to a more serious trauma, and the effects can be significant even when brain scans appear normal.
Can post-concussion syndrome form the basis of a personal injury claim in Wisconsin?
Yes, if someone else’s negligence caused the head injury that led to your PCS. You must show that the other party had a duty of care, failed to meet that duty, and that the failure directly caused your injury. Medical documentation from a neurologist or specialist is key to connecting your ongoing symptoms to the accident.
What damages can you recover if post-concussion syndrome was caused by someone else?
You may be able to seek compensation for medical expenses including specialist visits and ongoing treatment, lost wages if PCS has affected your ability to work, pain and suffering related to your physical and emotional symptoms, and loss of enjoyment of life if your daily activities have been significantly disrupted. The value of your claim depends on the severity of your symptoms and how long they are expected to last.
How long do you have to file a post-concussion syndrome lawsuit in Wisconsin?
In most Wisconsin personal injury cases, you have three years from the date of the accident to file a lawsuit. However, certain exceptions exist depending on the specifics of your claim. Speaking with an attorney early helps protect your ability to file and allows more time to gather medical evidence supporting your PCS diagnosis.
Does Wisconsin’s comparative negligence rule affect a post-concussion syndrome claim?
Yes. Wisconsin follows a modified comparative negligence rule, meaning your compensation may be reduced if you are found partially at fault for the accident. As long as your share of fault is less than 51 percent, you can still recover damages. The amount is reduced by your percentage of fault, which is one reason working with an experienced attorney to document the other party’s responsibility is important.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
