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What You Need to Know About TBIs and Personal Injury Claims

By David Hammond

Head trauma is a common result of being involved in a motor vehicle accident. Upon impact, a person’s head can be jolted forward into the steering column, the dashboard, or even pushed to the side and impact with the window, door, or side of the vehicle. With head trauma comes the possibility of a traumatic brain injury (TBI). TBIs range in severity from mild to severe. Regardless, it is important that you monitor any potential TBI symptoms after an accident and be clear with your treating physicians about what you are experience so that you can get the care you need. There are also some unique issues that can come up regarding TBIs and personal injury claims which we want to go into more detail here.

What You Need to Know About TBIs and Personal Injury Claims

While serious, TBIs can also be incredibly sneaky. An accident victim who sustained a TBI may not experience symptoms until several days or week later. This means that many TBIs go undiagnosed, untreated, and unaccounted for in personal injury claims. After an accident with a head injury, be sure to monitor any potential TBI symptoms for several weeks after the accident. Be forthcoming with your doctor about any behavioral or physical changes you may notice following the accident. It is a good idea to become well-versed in some of the potential symptoms you may experience if you have sustained a TBI so you know what to look out for.

With a mild TBI, you may experience:

  • Difficulties with coordination
  • Excessive sleep
  • Depression
  • Changes in mood
  • Violent outburst
  • Memory loss
  • Trouble gathering your thoughts
  • Loss of smell
  • Sensitivity to light and sound
  • Nausea
  • Seizures

With a moderate to severe TBI, a person commonly will lose consciousness for over an hour.

Within days, a person who has sustained a moderate to severe TBI may experience:

  • Dilated pupils
  • Chronic nausea
  • Vomiting
  • Trouble speaking
  • Difficulty walking
  • Confusion
  • Depression
  • Irritability

Combative behavior

If you notice any of these symptoms, be sure to share it with your doctor. You can get the medical support you need for your TBI.

In addition to getting the proper medical care you need, identifying and receiving treatment and support for your TBI as soon as possible will also help preserve the full and fair value of any personal injury claim you might pursue after the accident. Getting immediate, consistent treatment for your accident injuries is critical to preserving the value of your claim. Medical records act as primary evidence in a personal injury case. A TBI can have far reaching physical, mental, and emotional impacts on a person’s life. It can not only disrupt your health, but also your emotional state of being and impact your state of mind as well as your relationships and what activities you are able to participate in and enjoy. These losses are all compensable in a personal injury claim. They should, however, be supported by solid medical evidence, as well as documentation such as a journal you have kept tracking your symptoms.

Personal Injury Attorneys

If you or a loved one have been in an accident, take stock of how you are feeling and any symptoms you may be experiencing. TBIs can be difficult to diagnose and your doctor will need your help to understand what you have been feeling. For help with the fight to pursue full and fair compensation for your injuries, get the team at CDH Law by your side. Contact us today.

About the Author
David is a former military prosecutor and defense lawyer with over a decade of experience fighting for service members and their families. He served nine years and two combat tours as an active duty US Army officer, then joined the Reserves and settled down in Syracuse to be near family. Now representing people across Central New York charged with serious felonies, misdemeanors, DWIs, and traffic offenses, he puts the same level of commitment into his civilian law practice. If you have any questions regarding this article, you can contact David here.