One of the most common accident injuries is traumatic brain injury. However, victims and their doctors may overlook a brain injury if the symptoms are mild or other injuries require more immediate attention. A traumatic brain injury can have long term implications and should be evaluated early and monitored by a specialist.
Understanding traumatic brain injuries is crucial to presenting your case in the most effective manner. It will also put you in a position to recover the full settlement that you deserve. Our car accident lawyers explain what you need to know about traumatic brain injuries and what to expect from the insurance companies.
What is a traumatic brain injury?
By definition, when any trauma involving the brain disrupts normal brain function, a person suffers a traumatic brain injury. Harm may occur from a concussion, whiplash, hitting your head on the the inside of a vehicle, or your head snapping back and forth. Traumatic brain injuries does not always result in a loss of consciousness. In many cases, a person with a traumatic brain injury has a “normal” or “negative” CT or MRI scan.
How do I know if I have a brain injury?
Symptoms of a traumatic brain injury can include:
- Loss of consciousness
- Feeling foggy or dazed
- Unusual or slurred speech
- Dizziness, difficulty keeping balance
- Blurry vision
- Loss of concentration
- Noise and light sensitivity
- Interrupted sleeping patterns
- Depression, anxiety, unstable mood
- Short-term memory loss
- Long-term memory loss
- Personality changes
- Loss of of sense of smell or taste
- Hearing problems or tinnitus (ringing in ears)
- Loss of sexual desire
Traumatic brain injury symptoms can vary from person to person. It may be mild, moderate or severe. The location of the injury to a certain region of the brain often causes certain symptoms. It’s easy to mistake the symptoms for other injuries and illnesses, especially when someone is recovering from other orthopedic injuries or surgeries to other body parts. If you have been in an accident, be aware that traumatic brain injury may be something that should be evaluated by a specialist. A ER doctor or primary care doctor may not identify or diagnose the injury if they do not have the necessary education, training, or experience.
Can you make a claim or sue for a traumatic brain injury?
Yes. Even if no other injuries occur, you can pursue compensation for only a traumatic brain injury.
How do you prove brain jury?
As the victim, your attorney will assist in proving the nature and extent of your traumatic brain injury. To prove a traumatic brain injury, the following evidence is often presented:
- The victim’s own testimony
- Witness testimony about the nature of the accident and the trauma the victim suffered
- Testimony of the victim’s friends and family about the before-and-after changes to the victim
- Observations of doctors and other medical providers
- Cognitive test results
- Results of concussion tests to evaluate vision, hearing, coordination and brain function
- CT, MRI and other specialized scans
- Expert medical testimony about the victim’s condition
- Demonstrative exhibits, illustrations, and accident reconstruction animations
- Medical records
What are damages for traumatic brain injury in a personal injury claim?
Your brain is your most important organ. It controls every physical, mental, emotional, and psychological aspect of your life. Your brain controls your personality and makes you who you are. If you have a brain injury, you will have medical bills, you may not be able to work or care for your family, and there may be permanent mental health consequences like anxiety and a depressed mood. These are all damages that can be considered for a traumatic brain injury claim. Categories of compensation may include, but are not limited to:
- Emergency room bills – diagnostic exams, surgery, stabilization measures
- Hospital bills and emergency transport
- Physical therapy
- Mental health counseling and treatment
- Prescription medication, injections and the like
- Medical devices like a neck brace
- Cost of travel for care
- Doctor’s office visits
- Nursing Care
- Long-term medical care
- Inability to earn an income
- Family care needs
- Physical suffering
- Mental injuries
- Emotional anguish
Traumatic brain injury compensation includes short-term medical care and long-term medical care. Expert testimony is critical to explain how the injuries you have now will likely impact you in the years to come. In addition, damages can include physical suffering, mental health damages and emotional injuries. All the economic and non-economic, short term and long-term injuries can be part of a claim for compensation for traumatic brain injury.
Treating a brain injury
If you’re diagnosed with a brain injury after a personal injury accident, your health care providers will create a treatment plan for you. Enlisting the help of a specialist is important. The treatment plan may be as simple as rest and medication. For more severe injuries, injections, surgeries, and other treatment may be necessary along with intensive rehabilitation.
As a victim, following your treatment plan is important. The person who is legally at fault has a duty to pay for the harm they caused – however, if you don’t follow your treatment plan, the insurance company will use that fact against you in settlement negotiations. Be sure that you understand your treatment plan, follow the doctors’ recommendations, and do your best to get better and take care of yourself.
How do you get a settlement for a traumatic brain injury after an accident?
Like other injury claims, a claim for a traumatic injury claim is submitted to an insurance company. The claim may settle before a lawsuit is filed, or it may require a lawsuit to receive full and fair compensation. Every case is different. Every insurance company evaluates claims differently. It’s important to seek the advice of an attorney who has handled cases like yours and has a track record of success. An experienced attorney will help make sure that your case is presented in a way to maximize a settlement with the insurance company and make sure that you see the best doctors.
How can an attorney help you with a traumatic brain injury case?
An experienced personal injury attorney can help you with any of the following:
- Gathering evidence and contacting witnesses while you focus on your medical care
- Learning about you and how to best present your case
- Understanding what information is needed from a medical standpoint and ensuring that you receive the specialized medical care that you deserve
- Presenting medical evidence to prove the short-term and long-term implications of the injury
- Evaluating and seeking compensation for all categories of damages
- Preparing evidence in a convincing and compelling way that is legally admissible Court
- If necessary, filing legal documents with the Court
- Advancing a customized legal theory on your behalf
- Settlement negotiation experience to make sure that the insurance company does not take advantage of you
- If necessary, preparing for trial
Your attorney helps you with all these things and more so that you can focus on your recovery.
Attorneys for Traumatic Brain Injury
At Bringardner Injury Law Firm, our personal injury attorney team can assist you in responding to a traumatic brain injury and claiming the financial compensation that you deserve. We have handled many claims involving traumatic brain injuries and know what to do to make sure you receive the settlement that you deserve. We’re available 24/7, and there is no legal fee unless we win your case. Call or send us a message today.