Cases involving a traumatic brain injury can be among the most challenging personal injury claims. Unlike those with broken bones or torn muscles or ligaments, many traumatic brain injuries do not involve “objective evidence” of injury that might show up on an MRI. Diagnosis can be made solely based on “subjective” symptoms. Whether or not there is objective evidence of injury, or only subjective evidence, brain injury cases can involve a constellation of problems that can forever change a person’s life and cause incredible financial difficulties.
Unfortunately, insurance companies frequently argue that without “objective evidence,” an injured person must be making up the injury, or at least exaggerating. This is despite clear neurological evidence that many traumatic brain injuries do not appear on MRIs or other diagnostic tests. The attorneys of Maginnis Law are experienced in handling traumatic brain injury cases and can assist you with refuting the baseless claims of the insurance company.
Mild Traumatic Brain Injuries
A mild traumatic brain injury typically involves (1) a brief loss of consciousness or alteration in mental state, and (2) neurological deficits. These deficits often include cognitive and behavioral changes. Folks with mild traumatic brain injuries might also experience headaches, dizziness, fatigue, sensitivity to light, sensitivity to sound, emotional changes, nausea, and a variety of other symptoms. Mild traumatic brain injuries are frequently diagnosed through neuropsychological testing. A speech pathologist may also be involved. Many times, MRIs and CT scans are not sensitive enough to see any physical changes to the brain. Diagnosis must be made on the basis of subjective complaints and observations of behavioral and cognitive changes by friends and family. The symptoms often times gradually lessen over time and will usually resolve within one year. Sometimes, however, the symptoms can be permanent.
Moderate and Severe Traumatic Brain Injuries
Moderate and severe TBIs can involve similar difficulties to mild TBIs, but the symptoms may last longer or be more pronounced. The may also worsen over time. In many cases, there is objective evidence of injury on MRIs. Moderate and severe TBIs also differ from mild TBIs in that there is typically a longer loss of consciousness or period of amnesia.
Whether you have sustained a mild, moderate, or severe traumatic brain injury, the Raleigh personal injury attorneys of Maginnis Law can assist you with your case. We will work with neuropsychologists, economists, vocational rehabilitation professionals, and your doctors to determine the full extent of your personal and economic damages and will advocate aggressively for your rights.
Maginnis Law provides free consultations and will travel to meet with you. Additionally, we offer a contingency fee agreement, whereby you do not pay any attorneys’ fees unless and until we recover money damages on your behalf. To schedule a free consultation, or to speak with one of our attorneys’ today, please visit our contact page.