Common Misconceptions About Traumatic Brain Injury and the Legal Process

Traumatic brain injury (TBI) is a serious condition that can occur after an accident or injury. However, there are many misconceptions about TBI. And it’s important to understand how to navigate the legal process after sustaining this type of injury.

One prevalent misconception is that TBIs are always immediately visible, but that’s not the case. They can exhibit delayed symptoms, making it challenging to link them to the initial injury. This delayed onset of symptoms can complicate the legal aspects. As individuals may not immediately connect their condition to a prior incident, potentially affecting their ability to seek legal recourse. 

Another common misconception is downplaying the significance of mild TBIs, such as concussions, assuming they will resolve without long-term consequences. In reality, even mild TBIs can result in lasting cognitive and emotional issues. These misconceptions highlight the critical role of legal professionals, particularly those specialized in TBI cases. 

Understanding the facts is crucial for obtaining fair compensation and achieving the best possible recovery. Seeking the expertise of a knowledgeable TBI lawyer is vital to navigate the intricate legal processes, address these misconceptions, and advocate effectively for the rights and well-being of individuals impacted by TBIs. 

Raising awareness about the complexities of TBIs and their legal implications, these professionals play a crucial role in ensuring that individuals receive the support and compensation they need to rebuild their lives after these challenging injuries.

A Henderson traumatic brain injury lawyer is well-versed in the intricacies of TBI cases. They ensure that the unique challenges posed by these injuries are properly addressed within the legal system, debunking misconceptions, and advocating for the rights and well-being of TBI survivors.

A Concussion Is Not a Serious Injury

One of the most dangerous misconceptions about TBI is that a concussion is not serious. According to the Centers for Disease Control and Prevention (CDC), A concussion is a type of traumatic brain injury—or 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 around or twist in the skull, creating chemical changes in the brain and sometimes stretching and damaging brain cells. 

While concussions are classified as mild TBI, they require prompt medical care. Ignoring symptoms or failing to rest can impede healing and raise the risks of secondary injuries. 

Statistics Report:

In 2017-2018, the emergency department visit rate for motor vehicle crash injuries was 10.7 visits per 1,000 persons. The rate was highest among patients aged 15-24 (18.2).

By seeking immediate medical attention after an accident, you can get a proper diagnosis and care for a concussion and avoid complications.

TBI Can Occur Without Hitting Your Head

Another common myth is that you can only sustain a TBI if you hit your head or lose consciousness. In reality, traumatic brain injury can occur from violent shaking or sudden deceleration. For example, in a car accident, your brain can impact the inside of your skull even if nothing hits your head directly.

According to the Centers for Disease Control and Prevention (CDC), you do not need to lose consciousness to incur TBI:

A person can remain fully alert but still have a concussion or other form of traumatic brain injury from the jarring movements. 

Symptoms like disorientation, confusion, dizziness, and headache can signal TBI even without a direct head injury. Understanding this is crucial for promptly identifying TBI and avoiding long-term damage.

TBI Does Not Always Lead to Unconsciousness  

There is a common belief that you cannot have a TBI without losing consciousness. But brief or no loss of consciousness does not rule out moderate to severe brain injury. According to brain injury lawyer Jeff Poor:

We have had clients that never lost consciousness, but still suffered serious impairments from their traumatic brain injuries. It’s important not to downplay the seriousness of an injury just because someone remains awake.

The key is recognizing symptoms. Headaches, nausea, sensitivity to light or sound, mood swings, haziness, and trouble concentrating can all stem from TBI. Ignoring these warning signs and delaying treatment raises the risks of lasting cognitive, physical, and psychological effects.

Imaging Tests Have Limitations for Detecting TBI

Neuroimaging tests like CT scans and MRIs can identify bleeding, contusions, and fractures. However, they have limitations in spotting more subtle traumatic brain injury. Concussions, in particular, often do not show up on these tests. As Dr. Joshua Willey, MD explains:

A normal CT scan or MRI does not mean that a concussion has not occurred, since most concussions do not cause bleeds or swelling visible on these tests.

The absence of abnormalities on imaging does not negate the need for prompt concussion diagnosis and proper rest to recover. Nor does it eliminate the possibility of lingering post-concussion syndrome. Understanding these imaging limitations is key.

Rest Is Essential After TBI

Many people wrongly believe that those with TBI should avoid sleep or stimulation to stay alert. But rest and sleep are critical, especially in the first days after injury, to allow the brain to heal. The CDC advises:

Following a concussion, the brain needs time to heal. Doctors now recommend that people with a concussion rest their brains as much as possible in the first 24 to 48 hours.

Neglecting this rest period and overexerting oneself mentally or physically can worsen symptoms, extend recovery time, and increase the risk of secondary injury. Close monitoring and gradual return to activities are essential.

Different Types of TBI 

Broadly labeling any brain injury as “TBI” overlooks crucial distinctions. The different types of traumatic brain injury include:

 Concussions – Caused by trauma that shakes the brain.

 Contusions – Bruises on the brain from contact with the skull. 

 Coup-Contrecoup Injuries – Bruises on opposite sides of the brain.

 Diffuse Axonal Injuries – Damage to brain cells from stretching and tearing.

 Penetrating Injuries – Open wounds penetrating the skull.

The symptoms and recommended treatment depend on the specific injury type. Accurately identifying the type of TBI through imaging tests and clinical evaluation is essential for a proper recovery.”

The Legal Process for a TBI Claim

If you or a loved one has sustained a TBI in an accident caused by negligence, you may have grounds for a legal claim. But navigating the claim process can be complex. Here is an overview of key steps:

• Gather evidence at the accident scene through photos, videos, police reports, and witness statements.
• Seek immediate medical attention for diagnosis and documentation of the TBI.
• Consult an experienced personal injury attorney who regularly handles TBI cases. They can determine viable legal options. 
• File an insurance claim or lawsuit against any potentially liable parties. 
• Keep meticulous records of symptoms, treatment, expenses, and lost income. These support the losses incurred.
• Consider settlement offers carefully. Experienced legal counsel can advise if an offer adequately covers present and future damages.

Conclusion

Traumatic brain injuries can have devastating and long-lasting impacts. But misconceptions often surround these injuries, potentially delaying critical treatment and care. Likewise, many people struggle to obtain fair compensation after a negligently caused TBI due to a lack of legal knowledge. Having accurate information about TBI and the claims process is essential for achieving the best possible recovery, both physically and emotionally, and securing fair compensation. With proper medical support, honest legal guidance, and diligent self-advocacy, you can work to overcome the challenges of TBI.