Concussion/Traumatic Brain Injury (TBI)

A traumatic brain injury (“TBI”) is an injury that affects how the brain works and is one of the most common types of injuries suffered by people that have been involved in accidents. It happens when a person suffers a powerful blow or force to the head that causes damage to the brain.

What causes a head injury?

A TBI can occur due to blunt force trauma to the skull, violent shaking and jerking, or repetitive hits to the head. There are many ways for this to happen, but the most common ways are from accidents, violence, or falls. This includes vehicle accidents, slip and fall accidents, and participating in athletic activities amongst others.

What are the different types of TBI?

Mild TBI/Concussion

A mild TBI is generally referred to as a concussion and is the most common. It can occur from a bump, blow, or jolt to the head, or even a blow to the body that causes the brain to shift quickly back and forth. The sudden movement may cause damage, including the stretching and damaging of brain cells or chemical changes. Under the clinical definition, it generally involves a loss of consciousness under 30 minutes or any alteration of consciousness. Imaging from a CT scan or MRI usually does not show any significant findings because any such changes are often microscopic, making the clinical diagnosis important.

A person who has suffered a concussion may initially not experience any symptoms but  begin to experience them a few days later. This is typically because the brain has different pathways and may overcompensate trying to overcome the damaged pathways. The increased stress on the brain may build up over a few hours or even days, causing delayed symptoms.

Moderate/Severe TBI

A  moderate or severe TBI takes place when there is a loss of consciousness ranging from over 30 minutes to a prolonged coma. Unlike with a concussion, the condition is usually diagnosed from radiological imaging. A patient’s recovery may depend on the nature and severity of the injury.

What are the typical symptoms resulting from a concussion?

No matter what type of TBI one suffers, the impact can be devastating. Unlike for a moderate or severe TBI, the symptoms from a concussion often do not manifest in obvious physical disfigurement. Rather, the most common result is cognitive issues and other complications that affect a person’s quality of life. In that regard, the term “mild” when describing a concussion is deceiving and should not be taken less seriously just because it is typically not life-threatening.

A concussion has the potential to lead to all kinds of severe issues that can affect a person’s life. Some of the symptoms from any TBI, including a concussion include: an altered mental state, including unconsciousness, headaches, loss of balance, loss of concentration, slurred language, trouble with word retrieval, memory loss, irritability, fatigue, sensitivity to light and sound, anxiety, and other impairments to cognitive function.

These symptoms may significantly impact a person’s life, including the ability to work, and require indefinite continuing medical treatment. 

Should I see a doctor?

Concussion symptoms may not manifest right away, and you may feel relatively “normal” for several days after sustaining the injury. Sometimes, however, symptoms are present but hard to notice. Therefore, it is still recommended that you see a doctor to make sure that your injuries are not more serious than they appear.

How is a concussion diagnosed?

There is no single test to diagnose a concussion. There are a number of ways to determine if you’ve sustained one.

1. Clinical Diagnosis

From a clinical standpoint, your doctor may perform a physical exam to check certain functions, such as strength, reflexes, coordination, and balance. Your doctor will also ask you details about how the injury occurred, the symptoms you’ve exhibited since it took place, and your medical history. Additionally, you may be asked basic questions to test your cognitive functioning, including the ability to focus, learn, concentrate, remember, and problem solve. Your doctor then will assess the totality of information to potentially diagnose you with a concussion.

2. Imaging

Another piece of the puzzle to help determine if you’ve suffered a concussion is through imaging.

The most common type of imaging used is a CT scan, which stands for computed tomography. A CT scan is a type of X-ray that combines with computer technology to create detailed images of the inside of the body. For head injuries, it can show whether your brain is bruised, swollen, or bleeding. It usually is used to rule out significant brain bleeds that may pose an immediate risk rather than a standalone way diagnose a concussion. Oftentimes, a CT scan will not show significant findings even if you’ve been clinically diagnosed with a concussion.

Another common type of imaging used is MRI, which stands for magnetic resonance imaging. An MRI machine uses a magnetic field and radio waves to create more detailed images that may reveal smaller areas of bleeding and bruising in the brain. They are more commonly utilized after a CT scan to assess continuing or worsening symptoms following the immediate period after the injury. The strength of the magnetic fields is quantified by the unit of measurement called Tesla (T). For many years, the standard MRI strength was 1.5T. More recently, modern advancements have led to the creation of 3T MRI machines, which produce stronger magnetic fields and better images. If your doctor suggests you undergo an MRI following a brain injury, it is always advisable to make sure it is 3T in strength. The higher resolution images may document and detect findings not otherwise seen on a 1.5T MRI. This, in turn, can help with treatment and recovery and strengthen any personal injury claims you may have. While a 3T MRI can help show the severity of a traumatic brain injury and rule out other factors, it is not a definitive diagnostic tool. For many brain injuries, including mild TBIs, no markings indicating a concussion will appear, even with a 3T MRI. Therefore, clinical diagnosis still plays a critical role.

3. Neuropsychological Testing

Since evidence of a concussion is often not visible through imaging, another way to diagnose a concussion is through neuropsychological testing. Generally, neuropsychology focuses on psychological and cognitive assessment. Neuropsychologists perform evaluations through a comprehensive process, which typically includes an interview with the patient where they gather more information on the patient’s medical history and how the injury occurred as well as the patient’s current symptoms and overall functioning. Then they will usually administer several tests as they see fit to assess cognitive skills, such as attention, reaction time, memory, processing skills, motor skills, and language amongst other areas. They may also have the patient fill out a questionnaire. All of the information is then consolidated into a detailed report in which neuropsychologists may make diagnoses and recommendations.

When will concussion symptoms go away? 

Often times, concussion symptoms clear up within a matter of days or weeks. In some instances, one may continue to experience symptoms for a prolonged period known as “post-concussion syndrome.” In a minority of circumstances, the symptoms may even become permanent.

If you suffered a concussion does it mean you have a case?

In order to file a personal injury claim for a concussion injury, one must have suffered the injury because of an accident caused by the negligence or intentional conduct of another. Even if it can be proved that another person or entity was responsible for causing the injury, one must still prove damages. This may include past and future economic damages, such as medical bills and loss of earnings, and past and future general damages, such as pain and suffering, emotional distress, and inconvenience. It is important to keep in mind that every case is different and that some variables and details may affect the potential value of a claim.

Our Approach

Given that the effects from a brain injury are often subjective and can be difficult to prove, insurance companies will typically fight those cases vigorously. This is where our decades of experience of successfully handling these types of cases becomes paramount.

Why Choose Us As Your Brain Injury Attorney?

• Expertise: Our brain injury lawyers are knowledgeable in personal injury law and have extensive experience handling traumatic brain injury cases. We have a thorough understanding of the legal and medical complexities involved and will use our expertise to build a strong case on your behalf.

• Personalized Approach: We believe in providing personalized attention to every client. We understand that each case is unique and requires a tailored approach. Our traumatic brain injury attorneys will take the time to listen to your concerns, answer your questions, and develop a legal strategy that aligns with your specific needs and goals.

• Proven Track Record: With a successful track record of obtaining favorable outcomes for our clients, you can trust us to handle your case. We have secured significant settlements and verdicts in traumatic brain injury cases, helping our clients recover compensation for medical expenses, lost wages, pain and suffering, and more.

• Resources and Network: We have access to a wide range of resources and a vast network of experts, including accident reconstructionist, medical professionals, and investigators. We will leverage these connections to strengthen your case and ensure that no stone is left unturned.

• No Fee Unless We Win: We understand the financial strain that can come after an accident, which is why we generally take traumatic brain injury cases on a contingency fee basis. This means that you will not have to pay any upfront fees. You only pay us if we successfully obtain compensation for you, ensuring that you can focus on your recovery without worrying about legal expenses.

Choosing the right TBI attorney after suffering a catastrophic injury that was not your fault is crucial. With Phillips, Erlewine, Given & Carlin LLP, you can have confidence that you are selecting a firm that will champion your rights and work tirelessly to achieve the best possible outcome for your case. Contact us today for a free consultation and let us guide you on the path to justice and recovery.

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