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4 Reasons Why Traumatic Brain Injury Claims Are More Complicated

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Summation

  • Likewise, in traumatic brain injury cases, it is common to run brain imaging tests and CT scans to assess the extent of the trauma.
  • Establishing and correlating the symptoms that manifest at a later period to the accident can be a challenging task.
  • A qualified attorney can help gather evidence and put together all facts to present your case in a clear and practical light.

When it comes to personal injury claims, traumatic brain accidents have a reputation for bringing about complicated and challenging lawsuits. With over 2.8 million reported hospitalizations annually in the United States alone, brain injuries are some of the most common consequences of car accidents and other related claims.

However, despite their relatively common occurrence, TBI claims are not the easiest to establish. Several factors contribute to their complex and complicated nature, including a lack of substantial medical evidence, unreliable testimonies, and manipulative strategies employed by the defendant. This article outlines the significant factors that make traumatic brain injury claims complex lawsuits.

Difficult To Assess:

Traumatic brain injuries are popularly associated with adverse medical conditions like paralysis, coma, disability, or impaired vision. In reality, most brain injuries manifest through general symptoms like:

  • Dizziness
  • Headache
  • Nausea and vomiting
  • Mood swings
  • Irritability

Considering their general nature and the fact that such symptoms commonly follow any injury, assessing brain injuries’ full extent and severity can be challenging. This makes diagnosing brain injuries in mild and moderate cases extremely difficult. Since compensation depends on the severity of the damage, victims may receive far less compensation than they deserve.

The contribution of a brain injury lawyer becomes pivotal in these scenarios. Being adept in the medical-legal crossroads, they are proficient in guiding you toward an accurate diagnosis and diligent symptom documentation. Their role as a crucial bridge between you and your medical practitioners ensures your brain injury isn’t understated or misrepresented. This attentiveness not only protects you from being short-changed but also optimizes your chances of obtaining a just settlement that mirrors your actual suffering.

Symptoms Appear Over Time:

Another factor contributing to the complexity of brain injury claims is that not all symptoms may appear simultaneously. In fact, in most mild brain injury cases, symptoms may take over weeks and months to fully manifest. Establishing and correlating the symptoms that manifest at a later period to the accident can be a challenging task. Defendants can claim the “new symptoms” are not directly attributable to the accident. In most cases, defendants may also attribute them to any other sporting or athletic activity undertaken by the victim.

Brain Imaging In Mild Injuries:

Any injury claim has to be backed by medical reports and examinations just to receive compensation. Likewise, in traumatic brain injury cases, it is common to run brain imaging tests and CT scans to assess the extent of the trauma. While scans can be helpful in extreme cases, they mostly fall short for victims suffering from mild injuries.

CT scans and other brain imaging technologies may not immediately detect mild damage. On the contrary, subjective symptoms and testimonies would not hold much weight without objective evidence.

Impact Of Impaired Memory:

A blow to the head can cause memory impairments. This may include complete or partial loss of memories about the accident. Victims who are unable to recollect the events leading up to the accident or only vaguely remember the details may struggle to piece together critical information. This can impact your lawyer’s capacity to confidently back testimony with available medical evidence.

Getting Legal Help:

Legal assistance is essential in any personal injury claim but becomes necessary for TBI cases. Given its inherent complications, hiring a local brain injury lawyer equips you to take the proper steps at every stage in the legal process. Having expert guidance can also significantly mitigate the complexity of your case and allow you to put your best foot forward.

If you or a loved one requires legal assistance, consider contacting a San Francisco brain injury attorney. A qualified attorney can help gather evidence and put together all facts to present your case in a clear and practical light.

Final Thoughts:

Many factors can contribute to a traumatic brain injury. Regardless of the cause, TBI drastically changes the life of the victim. Not only does it impact general cognitive abilities, but it can also significantly reduce the quality of life in severe cases.

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