Berman & Asbel, LLP

What Can Make a Traumatic Brain Injury (TBI) Lawsuit Difficult To Pursue?

The law provides that a person injured by another person's recklessness or negligence has a right to seek monetary compensation for losses suffered. The compensation can be for any of the following reasons: pain and suffering, wages lost, and costs associated with recovery, including bills for medical care and equipment.

The physical evidence of most accident injuries tends to be obvious. Broken bones, serious lacerations and many internal injuries are largely irrefutable. However, survivors of traumatic brain injury often don't show any immediate outward signs of the damage. TBI issues may not appear for weeks or even months and then appear as cognitive or emotional impairments.

In such instances, insurance companies are quick to reject claims. Barring objective medical evidence, insurers might write off neurological concerns as having been pre-existing or assume the victim is faking. If symptoms of TBI don't present before the expiration of the statute of limitations - two years - that, too, has implications in securing maximum recovery.

Brain Injury Overview

Most readers likely associate traumatic brain injury with accidents involving high-speed collisions or someone being struck by a hard object. However, government statistics indicate the leading cause of TBI is falls. Indeed, any shock to the neck or head can result in TBI.

Medical experts acknowledge that what we know about brain injuries is far outweighed by what we don't know. Still, in the absence of visible signs of trauma there are signs to watch for. They include:

  • Loss of memory about recent events or confusion
  • An unusual lack of energy
  • Light headedness, dizziness or nausea
  • Long-lasting headache
  • Body weakness or numbness

In the context of financial considerations, thorough evaluations are required after a TBI to ensure long-term physical, occupational or other therapeutic needs are identified and met.

In all such matters, the support of experienced legal help will prove invaluable.

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