Proving Traumatic Brain Injuries

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Proving Traumatic Brain Injuries2021-07-29T10:08:13+00:00

Proving Traumatic Brain Injuries

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Proving Traumatic Brain Injuries

Traumatic brain injuries or TBI’s are often the most devastating and life-changing types of injuries a person can experience. Usually, they result from a serious accident such as a car crash, slip and fall, on-the-job accident or medical malpractice. Whatever the type of accident that leads to brain damage, it is usually due to the negligence of another party. These catastrophic injuries can adversely alter a person’s life permanently. They can be debilitating and even disabling in nature, resulting in costly medical expenses and a lifetime of ongoing treatment including rehabilitation.

It’s important for anyone who has suffered a traumatic brain injury to know how they can prove that injury to recover the compensation they deserve. If you are located in California, consulting with a Los Angeles personal injury attorney experienced in the area of TBI can greatly strengthen your case. Proper legal representation can ensure that your case is expertly handled so you can prove you have suffered this devastating injury.

Mild Traumatic Brain Injuries

In the mildest cases of a traumatic brain injury, a person can suffer a concussion. However, it’s important to know that even a mild TBI can be serious. A concussion can affect the brain and its normal function, resulting in a victim feeling disoriented during the occurrence of the accident and afterward. A concussion or mild TBI generally happens when the following occurs:

  • The individual’s head receives a blow
  • The individual’s head strikes an object
  • The person’s brain moves inside the skull without direct external head trauma

Although many people believe that a person must lose consciousness to suffer a mild traumatic brain injury, this is not necessarily the case. Many victims of mild TBIs don’t lose consciousness at all.

Signs and Symptoms of a Concussion

There are certain signs and symptoms of a concussion. These fall under four distinct categories: Physical, cognitive, emotional and sleep. It’s important to understand what can occur with all of these signs and symptoms, with which a concussion injury attorney in Los Angeles can help you better understand. They include the following:

  • With physical symptoms of concussion, you can experience: Balance issues, dazed feeling, dizziness, fatigue, headache, nausea, numbness or tingling, sensitivity to light and noise, vision problems and vomiting
  • Cognitive symptoms include: Confusion, difficulty concentrating, forgetfulness, memory issues, mental fogginess, repeating questions and slowed down feeling and slow to answer questions
  • Emotional symptoms can include: Irritability, more emotional feeling, nervousness and sadness
  • Sleep is often different with a concussion and may include the following signs: Drowsiness, sleeping less than usual, sleeping more than usual and trouble falling asleep

If you have any of these above symptoms after having been involved in an accident that was not your fault, you should consult with one of our best lawyers at Grey Law.

Why are Mild Traumatic Brain Injuries Difficult to Diagnose?

Unfortunately, mild cases of TBI are difficult to diagnose. As a result, it can be a challenge for victims to recover the level of compensation that they truly deserve. This is one of the biggest reasons why it’s so important to retain a skilled attorney.

One of the biggest reasons mild TBIs are difficult to diagnose is because MRI and CT scans are often unable to show the damage stemming from the injury. Diffuse axonal damage is a type of brain injury that is often missed by these scans. The fibers or axons in the brain are damaged inside the skull, but many people who have this problem go undetected because their MRI or CT scans appear normal.

A good thing about mild traumatic brain injuries is that the prognosis for the long term is generally good for individuals dealing with them. There may be some symptoms experienced in the short term, such as cognitive and behavioral changes, but these may be short-lived. Sadly, a minority of the people who suffer concussions develop a chronic problem that can be debilitating. It is called chronic post-concussive syndrome.

Personal Injury Cases Involving Mild Traumatic Brain Injuries

Generally speaking, legal counsel will carefully determine whether to take on a case involving mild traumatic brain injuries. This is because these injuries can be difficult to prove and a lot must be done in preparation for such a case. The following will be considered:

  • Learn and understand current medical research: All lawyers must be up to date and educated on the latest medical research involving the diagnosis and treatment of mild TBIs. Certain medical journals must be studied in order to ensure the attorney has maximum knowledge of the current research. Two examples of such literature are the Journal of Head Trauma and Rehabilitation and the Textbook of Traumatic Brain Injury.

Factors for Deciding to Take a Mild Traumatic Brain Injury Case

Of course, there are certain factors that might come into play that determine whether the best attorney has to offer will take a mild TBI case. Because of the difficulty in diagnosing these injuries, it can be a challenge for a lawyer to choose to take on the case. However, an attorney will consider the following aspects when deciding:

  • Good liability, as in irrefutable proof for the plaintiff wasn’t at fault for the accident
  • Good impact, such as versus a minor car accident that makes it difficult to prove the injury
  • Loss of consciousness
  • Potential client is likable and sympathetic
  • Loss of income due to injuries
  • Obvious evidence of change in behavior and other symptoms after the accident
  • No evidence of a preexisting injury

If you have suffered a traumatic brain injury in California, you should consider hiring experienced legal representation. The right lawyer will fight to protect your rights, build a strong case for you and strive to get you the maximum compensation for your medical expenses, lost wages, ongoing treatment and other damages.

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