At Kevin P Landry Law Offices, we’ve been dealing with personal injury cases for more than twenty years and we’ve heard all sorts of misconceptions about traumatic brain injuries (TBI). We will discuss three of them in this article. If you are within Hyannis, MA, and you or a loved one suffered a TBI, you can get in touch with us at 508-775-1660 or by visiting our offices for a free initial consultation. If you cannot come to us then we can make arrangements to come to you.
3 Misconceptions about Traumatic Brain Injuries
1. If Diagnostic Tests are Negative then You didn’t Suffer a TBI
Normal diagnostic tests such as PET, CT and MRI scans are not sensitive enough or specific enough to detect damage to a delicate fiber which can be stretched, twisted, torn or damaged due to physical trauma that occurs in a car accident.
Modern testing procedures such as Diffuse Tensor Imaging are more sensitive and specific enough to detect even minor brain injuries. However, these testing procedures are often challenged by defense attorneys and may not be fully accepted in some jurisdictions.
If, however, you display signs of a closed head injury, your doctor will request for a neuropsychological test even if the diagnostic test was negative. On several instances where clients presented cognitive deficit after a negative diagnostic test, the neuropsychological tests showed positive results for a brain injury.
2. A Traumatic Brain Injury Only Happens When You Hit Your Head and You Lose Consciousness
This is not true because the skull does not need to be penetrated or fractured for a TBI to occur. The force of the accident can cause the brain to hit against the skull. This occurs when your head comes to a sudden stop because your car hit something or you hit the brakes. While your head might stop moving, your brain will continue to move and strike the inside of your skull. This impact often causes a contusion or a hemorrhage.
3. Mild TBI is Mild and Temporary
While mild TBI might be minor damage to the nerve fibers, the symptoms might worsen over time. It’s important to get the expert opinion of vocational rehabilitation specialist or a neuropsychologist who can explain the long lasting effects of even a minor TBI.
Factors that can Influence the Value of Your Settlement
Liability
If liability is in dispute, your settlement value will be much lower unlike if liability is clearly established.
Multiple Tortfeasors
If there are many parties at fault for your car accident and every one of them is represented by a different insurer, then there might be an issue how much each one should compensate you.
Plaintiff’s Characteristics
Factors such as their age, medical history and occupation among other characteristics will affect your settlement value.
Location for where your case will be tried
If your case will be tried in an urban community with a higher population, then you will receive a much higher damage award than if it is tried in a court located in a more conservative area.
If the Defendant Displayed Egregious and Culpable Conduct
You won’t be able to collect punitive damages from the defendant but you can leverage them to lessen the degree to which the value of your damages will be adjusted.
Mitigating Damages
The plaintiff will try to reduce the damages if it makes sense to do so. For instance, if you did not seek medical treatment following your accident and now your injuries have worsened and are harder to treat, then the insurer might decide to reduce the value of your claim.
How to Proceed with a Personal Injury Claim for a TBI
If you were involved in a car accident and you believe you sustained a brain injury, it’s important to store all the medical records and keep a journal of your daily life. It’s also important to talk to a car accident lawyer in Hyannis so that they can help you calculate the damages for your TBI.
Your lawyer will discuss with you if a lawsuit is a good option, whether a settlement can be reached and any kind of negligence that caused your injuries. An experienced one will ensure that you receive compensation for:
- Pain and suffering
- Reduced earning capacity
- Lost income
- Rehabilitation expenses
- Property damage
- All medical costs
Contact one of our brain injury lawyers at Kevin P Landry Law Offices today for a free initial consultation.
