Concussion Cases / Traumatic Brain Injury

Human Brain AnatomyConcussions / Traumatic Brain Injury

The effects of a concussion can be serious and most insurance companies do not want you to think so. Concussion, otherwise known as mild traumatic brain injury (MTBI) is defined by the Centers for Disease Control (CDC) as a type of traumatic brain injury (TBI) caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth. This sudden movement can cause the brain to bounce or twist in the skull, stretching and damaging the brain cells and creating chemical changes in the brain.

These types of injuries to the brain are not something which should be taken lightly, as they can heavily impact a person’s life. Concussions can be caused by a plethora of traumatic incidents, but a new study contacted by the CDC has shown that, in recent years, among all age groups, motor vehicle crashes were the third overall leading cause of TBI in the United States, and they were the leading cause for children and young adults aged 5-24 years. Motor vehicle crashes were also the leading cause of hospitalizations for adolescents and persons aged 15-44 years due to TBI. This shows that a large portion of these injuries come from car accidents, which falls into the area of personal injury.

TBI or milder forms of it, such as concussion, usually occurs in car accidents when the driver or passenger suffers a whiplash-like blow to the cranial area either by hitting the steering wheel, dashboard, or the back of the seat in front of said passenger with his/her head. These hits are usually very forceful and abrupt, as automobile accidents, in most cases, consist of a single forceful transfer of energy when two cars collide. Resulting head injuries can be very serious, and have the potential to affect every aspect of a person’s life by causing damage to brain cells.

This damage to brain cells and chemical changes lead to serious nervous damage and cause moderate to severe impairment to memory, learning, coordination and balance, speech, hearing or vision, and emotional feeling. The long term effects from such a brain injury, depending on the severity of the concussion, can affect all aspects of people’s lives, including relationships with family and friends, as well as their ability to work or be employed, do household chores, drive, and/or do other normal daily activities. It has a special effect on children, as they are more prone to develop more serious conditions over time. If you experience any of the flowing symptoms of a concussion, seek medical help immediately. Symptoms of concussions include:

– Headache or “pressure” in head.
– Nausea or vomiting.
– Balance problems or dizziness, or double or blurry vision.
– Bothered by light or noise.
– Feeling sluggish, hazy, foggy, or groggy.
– Confusion, or concentration or memory problems.
– Just not “feeling right,” or “feeling down”.

Concussions are diagnosed by medical professionals by using neuro-psychological tests, which test reflexes and the five senses, as well as a cognitive tests used to test memory, concentration, or ability to recall information. For severe brain injury, imaging tests such as CT scans, which use a series of X-rays to obtain cross-sectional images of your skull and brain, or MRIs, which powerful magnets and radio waves to produce detailed images of your brain, are used to create images of the brain to assess its condition (however, it should be noted these imaging tests are made to diagnose severe traumatic brain injury, and do not have the ability to locate/diagnose milder injuries such as concussion). This aspect of documenting a concussion is a very important step in achieving maximum compensation for a concussion case. It builds the basis of your argument by proving that you in fact, have been affected by an accident and in effect diagnosed with a traumatic brain injury.

Recent NFL concussion cases prove this as an important step towards maximizing the amount of compensation which you receive. On April 22, 2015, a federal judge gave final approval to a class-action lawsuit settlement between the National Football League (NFL) and thousands of former players to provide up to $5 million per retired player for serious medical conditions associated with repeated head trauma. In this case there were several categories of compensation, all based on a doctor’s diagnosis, with maximum payments ranging from $1.5 million to $5 million. For instance, an ex-player who is diagnosed with Alzheimer’s or Parkinson’s disease could receive up to about $4 million. This means that a doctor’s diagnosis could mean the difference of the range of $3.5 million, proving how important it is to get a concussion properly documented as soon as possible.

Sometimes however, proving that a person has a concussion could be difficult, as a mild traumatic brain injury (MTBI), also known as a concussion, is usually only detected by neuro-psychological and cognitive tests. Concussions are often undetectable by X-rays, CT scans or MRI scans which can only detect more serious and prominent brain injuries. However, this does not deter from the fact that concussions are still very serious, and can augment their effects on the body over time.  A concussion case often requires multiple independent experts, because the effects of concussion can often be documented only through neuro-psychological/cognitive exams. This means that if you are seeking compensation for your injuries, it is a very good idea to get the approval of more than one doctor to completely verify that you indeed do have a concussion to solidify your chances of getting properly compensated. In addition to the medical experts, he claimant / plaintiff can also use family, colleagues, and friends as witnesses to the claimant’s suffering and difficulties in going through day-to-day life.

The next step is to hire a competent lawyer. If you have the opportunity to hire a lawyer before your diagnosis, this option is typically better as it ensured that your injury is properly documented. Also, involvement of a lawyer at the early stage of the case, ensured that the relevant evidence is timely collected and preserved, and the case is on its way to being resolved, with you having the highest chances of receiving the maximum amount of compensation for your injuries.

I.S. Law has experience and knowledge to help you get back on track, armed with the compensation you deserve. In addition to reimbursement for your medical bills and property damage, you may also be entitled to compensation for lost wages, pain and suffering, future medical expenses, and punitive damages.

We will protect your rights and maximize your recovery. Our dedicated team will help you every step of the way, navigating through the complex field of personal injury claim and litigation. The following steps are generally followed in most cases:

– We obtain the police investigation reports and interview witnesses.
– We contact the insurance companies and adjusters, and deal with them directly so that they do not take advantage of you and deny you adequate payment.

– We collect all of your hospital and medical records, and work with your doctors every step of the way.
– We work directly with your doctors on payment, and negotiate your bills to get you the highest possible compensation.
– If we you are not offered a fair settlement from the insurance representatives, we will litigate to get you the highest compensation you deserve.

Our attorneys and professionals are adept at handling the insurance companies, your medical treatment, and your bills – and we will do everything possible to get you the compensation you deserve.

Please do not speak to an insurance adjuster about your accident, or your injuries, without first consulting with one of our experienced lawyers. The insurance company’s goal is to pay you as little as possible for your injuries. Everything you say may be twisted and used against you to deny your claims. Their goal is to deny your claims and to reduce your compensation. Our goal is to see that you receive compensation to the full extent allowable by law and to get you the results you need to win your personal injury case.

If you suffered a head injury because of someone else’s negligence, you have the right to obtain a financial compensation. Our attorneys are committed to securing the highest monetary compensation money you are entitled and deserve for your injuries. We can achieve the maximum results if you contact us immediately after your accident. If you have suffered a concussion, take the first step to protect your legal rights: call I. S. Law Firm today for a free consultation. I.S. Law Firm will represent you on a contingency basis; that means you pay no legal fees until we recover money for you: +1-703-527-1779 or law@islawfirm.com