Proving Your Mild Traumatic Brain Injury Case

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Proving Your Mild Traumatic Brain Injury Case

A mild traumatic brain injury (mTBI) can be caused in a variety of ways including an auto accident, slip and fall, explosion or while playing sports. You ability to recover just compensation for your injuries depends in large part on your ability to prove the severity of your injuries. Generally, the more severe your injuries, the higher your potential compensation.

Mild Traumatic Brain Injuries Are Usually Invisible

Many traumatic brain injuries, including mTBIs like concussions, will not appear on MRIs or CT scans in the absence of one or more serious symptoms.  Those may include seizures; vision problems; loss of consciousness; as well as impaired speech, memory or coordination.  In many cases, this opens the door for defense attorneys to argue that the lack of imaging demonstrates that you did not suffer a traumatic brain injury.  This is not true and there are many other ways to prove that you suffered a traumatic brain injury in the absence of medical imaging.

Proving Your Mild Traumatic Brain Injury Case

The overall objective here is to illustrate your life before and after the mTBI incident.  First, it is imperative to collect crash reports, police or EMS incident reports and emergency room reports.  These reports must be carefully reviewed to note anytime symptoms of a head injury were mentioned.

The next step is to collect your medical records not only from your primary care physician, but also any neuro-specialist who may have evaluated and recommended a rehabilitation plan.  These records will show the status of your general health prior to the incident.  They will also be essentially in showing the negative impact that the incident has had on your overall health.

Lastly, but just as vital to your case, is to get testimony from your family members.  Specifically, noticeable changes in personality, mood, sleep problems, anxiety or depression, other physical or mental disabilities since the incident.  They are in the best position demonstrate the contrast in your quality of life before and after your traumatic brain injury.  Most importantly, they can speak to the impact that your injury has had on your family dynamic and the negative impacts on your day-to-day life.

Frequently Asked Questions

Below are a few commonly asked questions related to traumatic brain injuries.  For more information visit our Traumatic Brain Injury Attorney page.

What are the different levels of TBI?2018-09-21T16:11:52+00:00

There are generally three levels of TBI: mild, moderate and severe.

Mild Traumatic Brain Injury

Mild traumatic brain injury occurs when:

  • Loss of consciousness is very brief, usually a few seconds or minutes
  • Loss of consciousness does not have to occur—the person may be dazed or confused
  • Testing or scans of the brain may appear normal

A mild traumatic brain injury is diagnosed only when there is a change in the mental status at the time of injury—the person is dazed, confused, or loses consciousness—think of this as a concussion.

Moderate Traumatic Brain Injury

  • A loss of consciousness lasts from a few minutes to a few hours
  • Confusion lasts from days to weeks
  • Physical, cognitive, and/or behavioral impairments last for months or are permanent.

Persons with moderate traumatic brain injury generally can make a good recovery with treatment or successfully learn to compensate for their deficits.

Severe Traumatic Brain Injury

Severe head injuries usually result from crushing blows or penetrating wounds to the head that crush, rip and shear delicate brain tissue. This is the most life threatening type of brain injury and often results in death without immediate medical attention.  Persons suffering severe traumatic brain injuries will likely experience permanent loss of brain functions affecting thinking, sensation, language, or emotions.

What are common causes of TBI?2018-09-20T13:49:32+00:00
  • Auto or Truck Accidents
  • Drunk Driving Accidents
  • Slips and Falls
  • Explosions
  • Sports Injuries
  • Assault and Battery
What is a Traumatic Brain Injury (TBI)2018-09-14T20:06:39+00:00

A traumatic brain injury (TBI) is a blow or jolt to the head that disrupts the function of the brain. Not all blows or jolts to the head result in a TBI. The severity of such an injury may range from “mild” – a brief change in mental status or consciousness – to “severe” – an extended period of unconsciousness or amnesia after the injury. A TBI can result in short or long-term problems with independent brain function.

You Need Experienced Representation for Your TBI Case

If you or a loved one has sustained a traumatic brain injury, call the attorneys at Sieben & Cotter.  We have the experience to get you the just compensation that you deserve.  Let us take some of the stress off your shoulders and help you sort through the confusion.  Call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.

2018-11-28T22:49:09+00:00November 13, 2018|Traumatic Brain Injury|

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