If you or a loved one has suffered a traumatic brain injury (TBI), understanding how it is diagnosed is important for both medical treatment and legal claims. A timely and correct diagnosis improves the chances of recovery and plays a key role in securing fair compensation for your injuries.
Here are the steps involved in diagnosing a TBI and how they relate to your legal case.
After an accident causing a potential TBI—whether it’s a car crash, slip and fall, or workplace incident, medical professionals will perform an initial evaluation to assess the severity of the injury.
Accurate documentation of symptoms and severity can strengthen your claim and connect your injury to the accident and provide support for the diagnosis of concussion or brain injury. A concussion is a brain injury.
Healthcare providers may conduct a neurological and physical examination to evaluate the brain's function and any physical damage to the head.
These exams provide essential medical evidence that details the injury’s immediate effects, which can serve as key proof of brain injury in personal injury claim.
Imaging tests may identify structural damage to the brain. These tests provide information about skull fractures, bleeding and swelling within the brain and may also show damage to nerve fibers.
It is important to know that a normal skull x ray, CT scan, or MRI study does not mean a brain injury did not occur. These studies are often negative even when the brain is damaged. If the study shows structural damage, your attorney can use this study to objectively show your injury, but often the studies are not sensitive enough to detect injury to microscopic brain fibers. Medical professionals have said, absence of proof, is not proof of absence.
Cognitive impairments, such as memory loss, difficulty concentrating, or mood changes, are common in TBI cases. Neuropsychologists use specialized tests known as neuropsychological assessments to measure any impairments in how your brain is functioning.
These assessments document the long-term impact of the injury on your daily life, which is essential for calculating your pain and suffering, long term disability, earning damage and reduced quality of life in your lawsuit.
Here are additional diagnostic tools which may be used depending on a person’s medical condition:
TBIs can evolve over time, with symptoms appearing days or weeks after the initial trauma. Follow-up visits help track changes, document new symptoms, and adjust treatment plans.
Your attorney will want to review your medical progress records to show how your brain injury has progressed, which can prove the lasting effects on your quality of life.
De Caro & Kaplen, LLP is a nationally recognized personal injury law firm with an emphasis on representing victims of brain trauma. If you’ve suffered a traumatic brain injury due to someone else’s negligence, our experienced brain injury attorneys are here to help you understand your rights and build a strong case to secure the justice you deserve.
De Caro & Kaplen, LLP is a Preferred Attorney Law Firm by The Brain Injury Association of America.
Contact Us Today for a Free Consultation Call us at 212 732 2262 or fill out our online form.
Michael V. Kaplen represents victims of vehicle collisions, unsafe buildings and construction sites, and medical malpractice, and is a preferred attorney of The Brain Injury Association of America.
Michael is board certified as a Civil Trial Advocate and board certified in medical malpractice litigation. He is a Professorial Lecturer in Law, The George Washington University Law School, The Legal Aspects of Traumatic Brain Injury.
Michael is past chairman of the American Association for Justice (AAJ) Automobile, Highway and Premise Liability Section, past chairman of the AAJ Traumatic Brain Injury Litigation Group, three term president of the Brain Injury Association of New York State served two terms as chair of the New York State Traumatic Brain Injury Services Coordinating Council and vice-president, New York State Academy of Trial Lawyers.
He was invited by President Obama to participate in the White House Healthy Kids & Safe Sports Concussion Summit.
He is admitted to courts in New York, Florida, and Washington, DC. He has been selected as a New York Super Lawyer and recognized by Best Lawyers of America and U.S. News and World Report in personal injury law.
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