Traumatic Brain Injury
Dealing with a Traumatic Brain Injury
Proving a mild traumatic brain injury (TBI) can be challenging, as the symptoms are often subtle and may not show up immediately on imaging tests like CT scans or MRIs. Moderate to severe traumatic brain injuries are very apparent through disabling symptoms and imaging that reveals a brain bleed and sometimes a shifting of the brain. Traut Injury Law has represented victims of brain injuries for more than three decades, and often the mild traumatic variety that can be difficult to prove. There are several steps you can take to document and demonstrate that you have experienced a mild TBI after a fall or car accident. Here’s a guide:
Immediate Medical Attention
- Seek prompt medical evaluation:It’s essential to visit a doctor or emergency room right after the incident. Even if the symptoms seem mild, medical professionals can document the injury and rule out more severe complications.
- Emergency room/doctor records:Documenting the visit immediately after the accident is crucial. Medical reports from this time will provide objective evidence of the injury and your initial symptoms.
- Diagnostic Testing
- CT or MRI scans:These are often done to rule out bleeding in the brain or other structural damage. However, in mild TBI cases, the scans might appear normal. 3T MRI scanners and PET scans may be needed to provide a more clear and vivid picture of the structures of the brain. Traut Injury Law has access to facilities that have these high-end scanners.
- Neuropsychological testing:These tests assess cognitive functions (memory, attention, executive functioning, etc.) and can highlight deficits caused by the injury. A neuropsychologist can then provide helpful treatment recommendations to you depending on what deficits are found during testing.
- ImPACT testing:A specialized test often used in sports-related concussions that measures cognitive functioning before and after an injury.
- Documentation of Symptoms
- Keep a symptom journal:Write down any headaches, memory problems, dizziness, fatigue, sleep disturbances, mood changes, or difficulty concentrating.
- Track functional impairments:Document how the injury affects your daily life (e.g., inability to work, difficulty driving, mood swings).
- Ask for witnesses:Friends, family, or coworkers can note changes in your behavior or functioning after the accident. Have those close to you keep a journal of the changes they have noticed. Some of the most compelling and persuasive testimony elicited from Traut Injury Law attorneys during trials have been from family, friends, and co-workers.
- Follow-up with Specialists
- Neurologist consultation:A neurologist can assess and document your symptoms, especially if they persist after the initial injury.
- Neuropsychologist:This specialist can provide detailed cognitive assessments to show how the brain injury is affecting your cognitive abilities.
- Physical therapists or occupational therapists:These professionals can evaluate motor or functional difficulties resulting from the TBI.
- Long-term Symptom Monitoring
- Post-concussive syndrome (PCS):Sometimes, mild TBIs lead to PCS, where symptoms persist for weeks or months. If this happens, ongoing documentation of symptoms and treatment is essential.
- Multiple assessments:Repeated neuropsychological or cognitive tests over time can show a pattern of decline or slow recovery, supporting your claim.
- Medical Records and Expert Testimony
- Detailed medical records:Ensure that all evaluations, treatments, and follow-ups are well-documented in your medical records.
- Expert testimony:If needed, doctors (particularly neurologists and neuropsychologists) can provide expert testimony in legal or insurance claims. They will be able to explain that often the affects on someone’s life of a mild traumatic brain injury are not “mild” at all. Traut Injury Law has can refer you to local skilled neurologists and neuropsychologists to examine and test you, if necessary.
- Psychological Impact
- Mental health evaluations:Mild TBI can lead to depression, anxiety, or PTSD, particularly after an accident. Getting a mental health evaluation can document these related psychological impacts.
- Cognitive behavioral therapy (CBT):If you experience emotional or cognitive struggles post-injury, therapy notes can further substantiate the impact of the TBI.
- Legal Considerations
- Hiring a Personal injury attorney is a must:If you’re pursuing a legal case because the injury resulted from someone else’s conduct, this is not the type of case you should try to handle on your own. Traut Injury Law can help gather all necessary evidence, medical records, and expert witnesses to prove that your mild TBI resulted from the fall or accident.
- Through the use of supporting medical documentation, symptom tracking, specialist evaluations, and testimony from family, friends, and co-workers, Traut Injury Law can effectively prove the presence of a mild TBI after a fall or accident.
