The human brain is very susceptible to
damage from the forces generated by a typical auto accident. TBI lawyers
commonly see brain injuries when the head strikes part of the vehicle
during a crash, such as the windshield or dashboard. But the brain can
also suffer injury without a direct blow to the head. The impact from a
collision can cause the brain to undergo a sudden backward and forward
motion, commonly referred to as "whiplash." Whiplash is considered a
closed-head injury, as it takes place within the skull.
The Silent Epidemic
Traumatic brain injuries are called the
"silent epidemic" because TBI cases can be so challenging for lawyers to
prove. Many traumatically brain injured accident victims appear normal;
most speak well and don't display obvious signs of a brain injury. Even
medical classifications for TBI are misleading. Most people are
diagnosed with "mild" traumatic brain injury, but this is a medical
classification only. It doesn't mean the disabilities and impairments
are also mild. The American Congress of Rehabilitative Medicine defines
mild traumatic brain injury by at least one of the following symptoms:
* Any period of loss of consciousness
* Any loss of memory for events
immediately before or after the accident
* Any alteration in mental state at the
time of the car accident such as feeling dazed, disoriented, or confused
* Neurological deficits that may or may
not be temporary
Masked Symptoms
In serious car crashes, brain injuries
rarely occur without accompanying serious physical injuries, so doctors
and emergency rooms frequently miss the symptoms of a brain injury. In
fact, more than 80 percent of brain injuries are not diagnosed in
emergency rooms as the initial signs of TBI.
Doctors rarely see only one set of
symptoms, clearly defined impairments or a disability that affects only
one part of a person's life. And when other, more urgent medical
problems are apparent at the onset of a
car accident, mild TBI is often masked and can be ignored by
doctors.
Some long-term conditions of
traumatic brain injury include seizures, headaches, visual problems
and sleep disorders. Some of the most persistent and common functional
problems include memory impairment, difficulties in concentration as
well as deficits in language use and visual perception. Additionally
vulnerable to TBI are problem-solving, abstract reasoning, judgment,
information processing and organization. Mood disorders, personality
changes, emotional control, depression and anxiety are also prevalent
with traumatic brain injury from a car accident.
Steps to Protect Yourself After an
Auto Accident:
1. Seek emergency care for your
personal injuries and traumatic brain injury immediately.
2. Document any
traumatic brain injury symptoms and complaints you have as soon as
possible, no matter how minor they appear to be.
3. Ask your doctor for the proper tests
to diagnose a brain injury. Most doctors order MRI or CT scans, which
show structural changes in the brain. However, most brain injuries, even
severe and debilitating, will not show up on an MRI. That's why it's
important to get functional testing as well. Tests to consider are
Positron Emission Tomography (PET) and a Single Photon Emission
Computerized Tomography (SPECT).
4. If problems from your head injury
persist, ask your doctor for a referral to a neuropsychologist. A
neuropsychologist has expertise in brain functioning. Through a series
of tests, a neuropsychologist can help determine the location and extent
of any brain injury.
5. Retain an experienced traumatic
brain injury attorney to obtain fair compensation for damages suffered
in a car accident. Defense lawyers often hire doctors who accuse people
of exaggerating their injuries or of having pre-existing conditions.
It's important to hire a TBI lawyer who knows how to protect you, and
who can expose these "experts" and their misleading accusations.
Remember,
traumatic brain injury law and the automobile accident exceptions
that exist under each state's law requires very specialized knowledge.
There are
helpful links online for TBI Auto Accident Victims including a list
of valuable information resources and directories to locate an
experienced attorney. For more TBI Car Accident Legal Resources
including defense attorney traps, documenting TBI injuries and
identifying TBI symptoms,visit the
Traumatic Brain Injury Legal Resource Center.