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What You Need to Know About Traumatic Brain Injuries and Personal Injury Claims

Male doctor looking over brain scans of a brain injury.

Just the phrase, “traumatic brain injury,” sounds serious. And, it is. A traumatic brain injury can commonly be the result of involvement in an accident, whether it be a motor vehicle accident or something such as a slip and fall. A blow to the head can cause damage to brain tissue and have truly scary consequences. Because traumatic brain injuries, or “TBIs,” are often included in the resulting injuries from a motor vehicle accident or a slip and fall, they commonly come up in personal injury claims. You see, should the accident have been caused due to the negligence of another, the law provides you with a way to pursue the compensation you have suffered and that is through bringing a personal injury claim. There are, however, some unique considerations when a TBI is involved in a personal injury claim.

What You Need to Know About Traumatic Brain Injuries and Personal Injury Claims

BAM! You were in an accident. You hit your head. You may have lost consciousness briefly or for a more extended period of time. You have other injuries that begin hurting immediately and you get medical care for them. You walk away from treatment feeling pretty beat up, maybe with a headache, but do not think twice about the potential of sustaining a TBI. You may have a headache, but days go by and you do not pay your head too much mind. 

This is a common scenario. TBIs often go undiagnosed because they are so difficult to diagnose. First, there is a wide range of symptoms a TBI victim may suffer. Second, symptoms may not begin to present until days or weeks after the accident. These are two factors that can play a major role in a TBI being overlooked. This, of course, can have negative implications for your health and recovery. Furthermore, it can be a glaring omission from any personal injury claim you may have brought as a result of the accident that caused your injuries.

A TBI may be a tricky injury to account for in a personal injury claim, but it can be done and failing to include it in your claim can mean missing out on a significant portion of compensation to which you are entitled. After all, a TBI may not be visible, but it can be a serious injury, nonetheless. A TBI can also have a severe impact on your enjoyment of life and your relationships. Remember, recoverable damages associated with a TBI can include:

  • The cost of medical care
  • The cost of future medical care
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Loss of enjoyment of life

To help ensure that you get the treatment you need and the compensation you deserve, be careful to monitor your symptoms following an accident for weeks to come. Right down the symptoms, you experience and how they have impacted your life in a journal. Be clear in relaying your experiences to your doctor so that they can be properly documented in your medical records and used in the diagnosis process. TBI victims may experience any number of the following symptoms:

  • Problems with coordination
  • Confusion
  • Excessive sleeping
  • Depression
  • Mood changes
  • Irritability.
  • Violent outbursts
  • Memory loss
  • Sensory issues
  • Nausea
  • Seizures
  • Clear fluid draining from the ears or nose
  • Dilated pupils
  • Vomiting
  • Difficulty walking
  • Difficulty speaking

Remember, TBIs can vary in severity and symptoms may take upwards of several weeks before appearing. Take care in monitoring yourself and communicating with your doctor. Should certain symptoms present, your doctor may want to follow up with a more thorough neurological examination or radiographic study to find out whether there has been any damage sustained by the surface of the brain.

New York Personal Injury Attorney

Have you sustained a blow to the head in an accident? You may have suffered a traumatic brain injury. If this accident was caused by the negligence of another, you may be entitled to full and fair compensation for the harm you have suffered. Attorney Michael LoGiudice can help fight for you and fight to enforce your legal rights so that you are properly compensated. Contact us today.

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