A traumatic brain injury (TBI), can range from mild to severe. Often these injuries result in long-term consequences for the victim and sometimes are life-threatening.
Each day, a person in the United States suffers from a TBI — whether a minor concussion or significant brain injury. Those who survive a TBI have effects that last a few days or the rest of their lives. TBIs impact a person’s cognition, memory, ability to move, and even emotions. A person could experience permanent mood changes, memory retention problems, or developmental issues.
Lawsuits regarding TBIs are widely misunderstood. Myths and inconsistencies are circulating about this common type of injury. Therefore, anyone that has encountered a TBI should be aware of these issues and the facts regarding lawsuits on this injury.
1. TBI Litigation is Difficult – Not Impossible
Often objective evidence is lacking in a TBI case. While diagnostic imaging has improved for detecting brain trauma, these devices are not always capable of seeing smaller areas of damage. Therefore, insurance companies will fight any claims involving TBIs and try to say the plaintiff is faking their injuries.
While it is an uphill battle, these types of claims are possible. In fact, hundreds of victims who suffer catastrophic accidents resulting in a TBI receive compensation each year.
2. New Technology Helps Objectify TBIs
Luckily, new technology can help objectify your brain injury. Some of this new technology includes:
- MRI with DTI – MRI machines equipped with diffusion tensor imaging are sensitive to injuries in the white matter areas of the brain; therefore, more capable of detecting injuries.
- MRI with SWI – SWI or susceptibility weighted imaging allows radiologists to look for small microbleeds in the brain.
- MRI with MRS – MRS is a form of spectroscopy that reviews molecules in brain matter. It shows the imbalance of molecules, which indicates recent trauma to the brain.
3. Return to Work or Try
If claiming lost wages, you need to document proof you tried to go back to work. Juries look at those who try in a more positive light, and it gives them reassurance that the plaintiff is not seeking compensation to stay home from work.
Also, working with rehabilitation experts and occupational therapists could help you regain function, which might decrease your dependency on an insurance settlement.
4. Frontal Lobe Injuries Should be Monitored Closely
Frontal lobe damage is one of the more devastating types of brain injuries. Your front lobe acts as your emotional barrier and helps you recall your autopilot information. While your IQ might stay the same, you may notice changes in mood, stability, anxiety, decision-making, comprehension, conversations, and more.
5. Start on the Lawsuit Process Immediately
Even if you are recovering, it is best to speak with an attorney as quickly as possible. The law limits how long you have to file a personal injury lawsuit, including a TBI injury claim. Therefore, the sooner you consult with an attorney, the better the chances are that you will receive compensation.
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