A traumatic brain injury (TBI) is a "silent epidemic." Unlike a visible injury like a broken leg, the damage from a TBI is internal and can be difficult to diagnose. Even a seemingly "mild" TBI, such as a concussion, can have profound and long-lasting consequences, affecting a person's memory, concentration, personality, and ability to work. When a TBI is caused by the negligence of another in a car crash, fall, or other accident, the victim is entitled to significant compensation for the lifelong challenges they may face.
The Spectrum of Brain Injuries
TBIs range from mild to severe:
- Mild TBI (Concussion): May involve a brief loss of consciousness (or none at all). Symptoms include headache, dizziness, confusion, and memory problems. While many people recover, some develop post-concussion syndrome with persistent symptoms.
- Moderate TBI: Involves a longer period of unconsciousness and more significant cognitive and/or physical impairments that can last for months or be permanent.
- Severe TBI: A catastrophic injury involving a prolonged coma or vegetative state. These injuries require a lifetime of medical care.
A key challenge in TBI cases is that victims of mild or moderate TBIs often "look fine" to others, even while they are struggling internally with debilitating cognitive issues. Insurance companies often exploit this to downplay the severity of the injury.
Proving and Valuing a TBI Case
Successfully handling a TBI claim requires a sophisticated legal and medical approach. An experienced attorney will work with a team of experts to prove the full extent of the damages:
- Neurologists and Neuropsychologists: These medical experts conduct tests to diagnose the TBI and provide expert testimony on the long-term cognitive and emotional effects.
- Vocational Experts: They assess how the TBI has impacted the victim's ability to perform their job and earn a living, calculating their lost earning capacity over a lifetime.
- Life Care Planners: For severe cases, they create a detailed plan outlining all future medical and daily living needs, from medication and therapy to in-home care.
- Economists: They take the data from the other experts and calculate the total present-day value of all future costs and lost income.
Compensation in a TBI case should cover all medical bills, lost income, and the profound non-economic damages for the loss of cognitive function and enjoyment of life. Because these injuries can be subtle, it is vital to have an attorney who understands the medicine behind TBIs and knows how to build a case that demonstrates the true, often hidden, impact of the injury.