Why Brain Injury Cases are More Complicated

A report released by the Centers for Disease Control (CDC) shows that traumatic brain injuries account for about 2.8 million emergency room visits, deaths, and hospitalizations annually. While some victims don’t visit the emergency rooms, they end up battling with the impacts of traumatic brain injuries for a larger part of their lives.

There are different causes of traumatic brain injuries, and often, recklessness or negligence is to blame. Unfortunately, according to Law Offices of Cohen, Placitella, and Roth, proving negligence especially in brain injury lawsuit might be more complicated than you think. That’s why it is recommended to hire an attorney with an outstanding experience in handling personal injury claims associated with brain injuries. The attorney can help you collect the evidence you need, build a strong case, and represent you during the settlement process or even in court.

Here are the reasons brain injury cases are more complicated.

Inability to analyze the full extent of the injury

Generally, traumatic brain injuries are difficult to identify. In fact, the victim might not even realize that they have been injured. In some cases, the victims might seek medical attention then end up being misdiagnosed. Here are some of the symptoms associated with traumatic brain injuries.

  • Unusual impulsive behavior
  • Mood swings
  • Difficulty in concentrating
  • Slurred speech
  • Issues with writing or reading
  • Speaking more slowly or quickly than usual
  • Lost sense of smell
  • Complete or partial vision loss
  • Heightened sensitivity to noise
  • Low tolerance to bright light

Keep in mind that not everyone suffering from a traumatic brain injury experiences these symptoms. That means diagnosing these injuries can be extremely challenging.

Some symptoms might appear over time

In some cases, not all symptoms of traumatic brain injuries appear immediately. Some of them might take weeks or even several months to manifest. In such cases, the defendants might argue that the symptoms appeared over a specific period and aren’t associated with the accident believed to have caused the brain injury.

The appearance of ‘normal’ brain imaging particularly from mild brain injuries

If you suffered a traumatic brain injury, imaging could reveal severe impairments. However, this approach might not show the entire extent of the damage. In most cases, CT scans are a necessary procedure for traumatic brain injury emergency room visits. But these scans normally detect severe brain injuries only.

If you suffered a mild traumatic brain injury, the chances are that the results may appear nearly or completely normal. In case the damage becomes evident in weeks or after several months, it might be difficult to convince the defendant otherwise. This is why you need an attorney.

Poor recollection of events associated with brain injury

In any personal injury case, the plaintiff should recall all the events immediately before, during, and after the event that caused their injuries. However, some traumatic brain injuries might affect this recollection of events, making it difficult for the victims to prove that someone was responsible for their brain injuries.

Working with an experienced attorney can help you or your loved one overcome the challenges associated with traumatic brain injury lawsuits.