Traumatic brain injuries are tricky cases. The legal challenge is that TBIs often produce symptoms that are hard to see. There's no cast, no visible wound. But the effects can be devastating: memory problems, personality changes, difficulty concentrating, chronic headaches, and in severe cases, permanent cognitive impairment.
The Invisible Injury Problem
Insurance companies sometimes try to minimize TBI claims because the victim "looks fine." They point to normal CT scans and argue exaggeration. This is where specialized medical evidence becomes critical.
Neuropsychological testing can document cognitive deficits that imaging studies miss. Before and after comparisons are especially powerful. If someone had normal cognitive function before the accident and now scores below average on multiple measures, that's concrete evidence.
Mild TBI and Concussions
The word "mild" in "mild traumatic brain injury" is misleading. About 15-20% of concussion patients develop persistent symptoms lasting months or years. Post-concussion syndrome can include headaches, dizziness, fatigue, irritability, and difficulty with routine work tasks. The CDC's Traumatic Brain Injury resource center has detailed information on symptoms, recovery timelines, and long term effects.
If you hit your head in an accident, get evaluated by a neurologist even if the emergency room cleared you. This applies to car accidents, motorcycle crashes, falls, and construction injuries.
Valuing TBI Cases
The value depends on severity and how it affects the person's ability to work and function. A 30-year-old who can no longer do their job has a much larger future earnings loss than a retiree with the same diagnosis. We hire neuropsychologists, vocational experts, and economists to quantify these losses. Be aware of the statute of limitations for your claim.