how can my attorney prove i have a mild tbi

by Prof. Alize Prosacco 10 min read

How do you prove traumatic brain injury?

Medical Tests to Prove a TBI Happened

A computerized tomography scan (CT scan) uses X-rays to create a complete picture of your brain. It could show bleeding, bruised tissue, and other damage. Magnetic resonance imaging (MRI) uses powerful magnets and radio waves to create images more detailed than CT scans.
Jul 31, 2020

What is considered a mild TBI?

Mild TBI is classified as having a GCS score between 13 and 15. Here there may be post-traumatic amnesia of less than 1 day, or not, and a loss of consciousness of less than 30 minutes, although there may be no loss of consciousness. Moderate TBI is classified as having a GCS score between 9 and 12.

What is the best test for TBI?

Computed tomography (CT) is the most common imaging technology used to assess people with suspected moderate to severe TBI. CT scans create a series of cross-sectional x-ray images of the skull and brain and can show fractures, hemorrhage, hematomas, hydrocephalus, contusions, and brain tissue swelling.Sep 1, 2015

What are at least 5 symptoms of mild traumatic brain injury?

Symptoms of mild TBI and concussion
PhysicalThinking and RememberingSleep
Dizziness or balance problemsFeeling slowed downSleeping more than usual
Feeling tired, no energyFoggy or groggyTrouble falling asleep
HeadachesProblems with short- or long-term memory
Nausea or vomiting (early on)Trouble thinking clearly
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Is mild traumatic brain injury permanent?

Over 80 percent of patients with mild traumatic brain injury will recover quickly and fully with no long-term effects. Less than 20 percent of patients may have some longer lasting, or even permanent, symptoms. Persistent headaches, memory loss, anxiety, and depression are the most common lasting problems.

Can you diagnose a TBI years later?

Because injured brain tissue may not completely recover following TBI, changes due to TBI may be detectable many years after an injury.

Will TBI show on MRI?

About 80 percent of TBIs cannot be seen on an MRI or CT scan. The only other way to discover a TBI used to be neuropsychological or psychological testing - a fancy way of saying doctors ask patients questions or give them tasks to complete.Jun 13, 2019

How long can a TBI be detected?

Measurements for Level of TBI
Mild TBIModerate TBISevere TBI
Memory loss lasted less than 24 hoursMemory loss lasted anywhere from 24 hours to 7 daysMemory loss lasted more than 7 days
GCS was 13 to 15GCS was 9 to 12GCS was 8 or lower.4
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Nov 24, 2020

What is a TBI?

A hard impact to the head or violent jolting of the body can result in a TBI. Of course, an object that penetrates or fractures that skull will almost certainly result in a significant brain injury.

How to Prove Traumatic Brain Injury in Court

It’s not uncommon for family members to experience frustration when a loved one suffers a TBI. The people in your orbit witness the sometimes heartbreaking effects that resonate in daily activities. To you, the brain injury appears so obvious that anyone should be able to see it.

Documenting Symptoms Can Help Prove Traumatic Brain Injury

With more than 30 years of scientific evidence supporting the sometimes catastrophic effects of TBI, researchers have identified a wide range of telltale signs. If you or a loved one suffered a hard impact to the head or a violent jolt to the body, it’s essential to watch for symptoms.

How Do You Prove a TBI to the VA?

It’s not unusual for a veteran of the U.S. military to sustain a TBI during their service. Brain injuries often occur in combat, military vehicle collisions and training operations, among others. If you are eligible for VA disability benefits and experience telltale signs of a TBI, it may be in your best interests to undergo testing.

Contact Wapner Newman for a Traumatic Brain Injury Case Consultation

If you or a loved one recently suffered a head injury or are experiencing symptoms, scheduling a consultation with an experienced brain injury lawyer is crucial. Traumatic brain injuries can cause lasting cognitive, emotional, and psychological conditions that impact your quality of life.

How to prove TBI in court?

In addition to using brain imaging data assessed by a neurologist, another way to prove a TBI in court is to use psychological testing. You will probably need to obtain a neuropsychological assessment, which will provide useful information about your cognitive functioning. People who have suffered a TBI may have a hard time describing the difficulties they are having. This assessment will include a clinical interview with the patient to determine the presence of pre-existing learning difficulties, their medical and psychological history, and a more detailed review of the patient’s cognitive complaints and emotional status.

How is TBI rated?

The VA rates TBIs based on the residual symptoms a veteran is currently experiencing as a result of trauma. The VA divides the rating criteria of TBI residuals into subcategories in order to evaluate the condition. Veterans are then rated based on the level of severity and impairment in each of these areas of functioning:

What do TBI attorneys do in Houston?

Your Houston TBI attorneys will probably put medical experts on the stand to break down to the jury how serious your brain injury is. They will use your imaging studies to support their testimony. The medical experts will meticulously explain to the jury how this type of injury can affect the life of a survivor and the difficulties one may face after a traumatic event.

What can a neurologist do to a jury?

A knowledgeable neurologist will be able to explain to the jury how the mechanism of injury has affected your brain tissue and why every person reacts differently to a TBI. By using these imaging studies, your brain injury attorney will be able to connect the violence of the traumatic event with the injuries and prove you suffered neuropsychological effects which have resulted from trauma.

What kind of doctor would you see for TBI?

You will need to see a neurologist who will refer you to a neuropsychologist; this person will use a battery of tests to determine your concentration, attention, memory, planning, and multi-tasking. There is no single test that is capable of assessing all functions of your brain, but there are certain brain imaging studies that are fairly common that doctors use to determine whether or not you have a TBI:

What are some ways to show brain damage to a jury?

Diagrams, charts, and different illustrations of the brain are helpful in providing graphic depictions for the jury. Photographs of the accident could be essential to your case. Videotapes of you in several settings may also provide the jury with visual proof of your brain damage.

Can a veteran's symptoms be linked to a previously rated condition?

A veteran’s symptoms cannot be linked to a previously rated condition if they are to be considered as part of the rating for a TBI. If your injury can be clearly categorized with this rating system, it will help prove your TBI to the VA.

How is TBI judged?

Your ability to communicate with others would be judged through formal tests and role-playing. Cognition is the processes of thinking, reasoning, problem-solving, information processing, and memory. Most people with severe TBI have cognitive disabilities, often losing higher-level mental skills.

How to contact Stephenson Rife TBI lawyer?

For a free initial consultation with a Stephenson Rife TBI lawyer, call us today at 317-680-2501. We can talk about your injury, how it happened, and who may be responsible.

What causes a TBI?

A TBI is usually caused by a violent blow or jolt to the head or body. An object penetrating the skull, entering into the brain, can also create a TBI, according to the Mayo Clinic. A mild TBI may affect you temporarily. More severe injuries can result from bruising, torn tissues, bleeding and other physical brain damage.

How long does TBI last?

The levels are: Mild: You were not unconscious, or you were and it lasted less than 30 minutes. Memory loss lasted less than a day. Moderate: You were unconscious for more than 30 minutes and up to 24 hours.

What information is needed for a police report?

A police report provides information about how an accident happened, the vehicles’ location, how fast they were moving, and in which direction they were heading.

What are the effects of TBI?

The agency divides the TBI’s effects into different categories to evaluate your condition. Your injury would then be rated, based on the severity and impairment in each of these areas: 1 Memory, attention, concentration, and executive function impairment 2 Judgment abilities 3 Problems with social skills 4 Lessened motor activity 5 Visual-spatial problems 6 Subjective symptoms 7 Neurobehavioral impact 8 Decreased communication skills.

Can you get VA benefits for TBI?

If you are a veteran, you may have suffered a TBI in combat or because of an accident you suffered while in the military. If so, you may qualify for VA benefits. To make that determination, the agency looks at the long-term, residual symptoms you have due to the trauma you suffered.

What to do if a TBI lawyer cannot answer your questions?

If the lawyer cannot readily answer these questions to your satisfaction, you should continue your search for a qualified T BI lawyer. You should also be very clear about your specific needs. For example, if you have a hard time processing or remembering information, don’t be shy about asking for written communications or materials that can help you understand what’s going on with your case. An experienced TBI lawyer should realize that you need a different level of support and patience during your claim.

What can a TBI lawyer do?

An experienced TBI lawyer can help judges and juries understand the science behind brain trauma and a victim’s unique symptoms. It’s not always a simple process; proving the claim may require expert witnesses, intense research, and sophisticated trial presentations. But with diligent work and expertise, an attorney can link your reported symptoms to your mild TBI.

What can an injury lawyer do?

A lawyer can help you understand your claims, provide you with the information and emotional support you deserve, and fight on your behalf. Most, if not all, injury lawyers offer free consultations and contingency fee structures, so you won’t have to pay for their services unless they win at trial or negotiate a settlement.

Can a mild TBI be a lifetime challenge?

And some people face a lifetime of challenges due to subtle brain damage and post-concussion syndrome. Mild TBIs are associated with memory and concentration problems, mood swings, chronic headache, fatigue, and other issues.

Can a TBI cause post-concussion syndrome?

Studies suggest that some people, especially those with a history of pre-existing head trauma, migraines, anxiety disorders, and learning disabilities, are more prone to post-concussion syndrome and other TBI complica tions. Insurance companies will sometimes use your complicated medical history against you, arguing that your symptoms are due to your pre-existing conditions and not the crash or traumatic event.

Does a mild TBI affect day to day functioning?

It does not acknowledge the ways that a so-called “mild” TBI can impact day-to-day functioning.

Who to consult for TBI?

If you or someone you love suffered a TBI, whether mild, moderate, or severe, I would encourage you to consult a well-qualified brain injury attorney. The Brain Injury Association of America’s Preferred Attorney list is a good place to start, since these individuals have a proven track record of handling complex brain injury claims.

Types of Brain Injuries

With so many different types of brain injuries, they generally fall into two primary injuries: penetrating injuries and closed head injuries. Of course, more extensive brain injury do happen, with classifications as primary or secondary by medical professionals.

Causes of Brain Injuries

Common TBI causes include assaults, falls, and motor vehicle crashes. Recreation and sports injuries account for thousands of injury cases every year in the US. Many of the people affected are under the age of 19.

How Will Your Attorney Prove Negligence?

Brain injuries are unique in how they happen and how they affect you in the short-and-long-term. With brain injuries, you’ll probably need specialized care and rehabilitation services, which are not cheap. In many cases, your insurance will probably not pay the entire cost.

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