February 24, 2023 BF_Admin

Suing for Invisible Injuries: Traumatic Brain Injuries

By: Samantha DiBona

Suffering from a head injury could change quite a few things about your everyday life. You may endure symptoms like headaches, nausea or vomiting, fatigue, dizziness, or loss of balance. Or if the injury is more severe, you may lose consciousness, face repeated vomiting or headaches, have slurred speech, or exhibit agitation, combativeness, or other unusual behavior. In most cases, symptoms of a concussion appear within the first 7-10 days after an incident and dissipate within the following three months. Meanwhile, some develop post-concussion syndrome, in which their symptoms can last for a year or more.

Medical professionals may use tests such as CT scans and MRIs to evaluate whether a patient has a traumatic brain injury. However, no single test can prove that you have post-concussive symptoms. It is possible to have had a traumatic brain injury without it appearing on any medical imaging technology. This presents issues for these patients both in the medical field and in the legal field. Medically, patients are often told that they are perfectly fine and that their symptoms are all in their heads. Legally, if their injury occurred as a result of some sort of negligence, the defense counsel may raise the issue that there is no injury at all because the scans appear clear.

The best way to prove a traumatic brain injury when the physical scans appear normal is to illustrate the observable behavior a person exhibits after the incident. Witnesses to the incident or witnesses who observed the victim post-incident can often shed light on this and corroborate some of the symptoms of which the victim may complain. For example, a witness to the incident may verify that the victim lost consciousness, vomited, or had a headache at the scene. Similarly, roommates, spouses, or relatives may notice lingering symptoms afterward, such as a change in personality, difficulty concentrating, or unusual sleeping patterns.

In all, brain imaging technology, while important, does not necessarily diagnose traumatic brain injuries with complete infallibility. This means that both medical and legal professionals must be wary as they attempt to treat and compensate victims after an incident involving such an injury. If you have experienced a traumatic brain injury as a result of an assault, our firm may be able to help you get compensation, as we have successfully represented many victims with such injuries. For a free consultation, please call 215-546-1433 or email info@victimrecoverylaw.com.


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