Long-Term Effects of TBIs
Traumatic brain injuries can lead to lifelong cognitive impairments, memory loss, emotional instability, and chronic pain. Victims may also develop PTSD or depression. When seeking compensation for TBI cases, we take into account long-term care costs, lost earning capacity, and emotional suffering. The goal is to ensure that the settlement or verdict fully reflects the lasting impact of the injury.
Common Causes of TBIs in Personal Injury Cases
TBIs can occur in various situations. Some of the most common causes in personal injury cases include car accidents, slip and fall accidents, workplace injuries, and assaults. Even low-impact accidents, such as a side swipe in a car crash, can cause a TBI due to whiplash or sudden head movements.
Proving TBIs: The Challenge of Invisible Injuries
One of the biggest challenges in TBI cases is that they are often "invisible" injuries. While the victim may look fine on the outside, they may be suffering from significant cognitive defects. Insurance companies sometimes downplay the severity of TBIs, making it necessary to rely on neuropsychological testing, MRI scans, and expert medical testimony to prove the extent of the damage. Additionally, testimony from coworkers, family, or friends who can speak to changes in the victim’s behavior and personality can help demonstrate the injury's impact.
Increased Awareness and Understanding of TBIs
In recent years, awareness of traumatic brain injuries has increased significantly, especially due to high-profile cases in sports like the NFL. As more people become aware of the symptoms and long-term effects of TBIs, it becomes easier to diagnose and treat these injuries. Educating the public has led to greater recognition of the injury's severity, which makes it easier to get the necessary medical treatment and legal compensation.
Recognizing Subtle Symptoms of TBI
While symptoms of a TBI might not be immediately obvious, there are some signs to watch for. Victims may experience irritability, personality changes, headaches, and dizziness. These symptoms may seem subtle at first but could indicate a TBI that needs professional evaluation. If someone experiences any of these changes after an accident, it's important to get checked out by a medical professional.
The Process of Proving a TBI Case
Proving a TBI case is different from proving other personal injury claims. Unlike broken bones, TBIs may not show up on standard imaging, making advanced diagnostic techniques like Diffusion Tensor Imaging (DTI) and neuropsychological evaluations critical. These tools help establish the injury’s impact and provide concrete evidence for a legal claim.
The Role of Expert Witnesses in TBI Cases
Expert witnesses play a key role in TBI cases. Neurologists can explain the physical damage caused by the injury, while neuropsychologists can testify to the cognitive impairment resulting from the injury. Their testimonies bridge the gap between medical evidence and the jury’s understanding of the case, which is crucial in securing compensation for the victim.
Dealing with Insurance Companies in TBI Cases
Insurance companies are notorious for downplaying the severity of injuries to avoid paying out large settlements. In TBI cases, it's crucial to present indisputable medical evidence, expert opinions, and real-life impact statements to prove the full extent of the injury. If necessary, the case may need to go to trial to force insurers to recognize the severity of the injury.
Long-Term Care and Coverage for TBIs
TBI cases can require long-term care, which may exceed the limits of standard insurance coverage. To ensure that victims get the full compensation they need, it’s important to request affidavits of no excess insurance and conduct property asset searches on the at-fault parties. This ensures that no stone is left unturned when it comes to securing funds for long-term care.
The Importance of Early Medical Checkups After Head Injuries
If you’ve experienced a head injury, it’s important to get checked out, even if you think you’ve only "had your bell rung." While many people may brush off minor head injuries, the long-term effects of TBIs can be serious. Early testing and diagnosis can help prevent complications later on, so it's always better to be cautious and get professional evaluation.
A Success Story: Securing Compensation for TBI Victims
Attorney Mark Shirian shared a success story where a client who suffered a TBI in a rear-end collision was able to secure a $1 million settlement. Despite no visible head injury, expert medical testimony and MRI evidence proved the severity of the injury. This settlement covered long-term rehabilitation and other ongoing treatment costs, highlighting the importance of thorough legal representation in TBI cases.
Final Thoughts on Traumatic Brain Injuries and Personal Injury Claims
Dealing with a TBI can be a life-changing experience, both for the victim and their loved ones. The road to proving a TBI case is often long and challenging, but with the right legal team and medical professionals, victims can secure the compensation they need for treatment and long-term care. If you suspect you or a loved one has suffered a TBI, it’s important to seek medical advice and consult with an experienced personal injury attorney to discuss your legal options.