Traumatic Brain Injuries (TBIs) and Concussions
Aaron House has represented numerous people who have suffered a concussion or traumatic brain injury as a result of another person’s careless driving. Indeed, recent estimates indicate that more than half of traumatic brain injuries are the result of a motor vehicle collision. The medical science with respect to traumatic brain injuries is moving at a very rapid pace, which is helping to benefit people who are suffering from traumatic brain injuries.
The reality is that these cases can be very difficult for several reasons. First, insurance companies like to minimize the severity of a traumatic brain injury by claiming that even a mild concussion is not a brain injury. The CDC, Veteran’s Association, and numerous professional medical associations concur that a mild concussion is indeed a traumatic brain injury.
Second, traumatic brain injuries often do not show up on x-rays, CT scans, or MRIs. Thus, doctors tend to rely on a patient’s subjective complaints, and insurance companies argue that this subjective evidence isn’t enough. Fortunately, there is now imaging in several parts of the country that does show even mild traumatic brain injuries, and we frequently rely on this imaging in our cases.
Third, people who have sustained a traumatic brain injury often look like they did before. Their problems are usually cognitive or psychological. In other words, the injury cannot be seen. However, TBIs can and do result in severe injury, and people often deal with fatigue, headaches, visual or auditory disturbances, sleep disturbances, poor memory or concentration, dizziness or loss of balances, emotional disturbances, anxiety and depression, and more.
Fourth, although the science is clear that a mild traumatic brain injury can be caused without hitting your head or without a loss of consciousness, insurance companies will undervalue injuries when no loss of consciousness was reported in a person’s medical records. The reality is that a head injury can occur without hitting your head because the force of an accident can cause your brain, which is enclosed by fluid, to strike the skull, and then to rebound, striking the other side of the skull. This coup contrecoup injury is well recognized by medical professionals.
Further, loss of consciousness is a bit misleading, because it actually means an altered consciousness. This can mean that a person doesn’t remember everything about an accident or that they felt foggy-headed.
Fifth, medical professionals often misdiagnose or fail to diagnose a head injury early on, again in large part due to the lack of physical injury. It can also take time for head injury symptoms to manifest and for medical providers to understand exactly what a person’s injury is.
Sixth, insurers claim that a person who has recovered from a concussion within a matter of months will not have any other problems during their life. However, the most recent research from 2018 indicates that a person who has suffered a mild concussion, even without loss of consciousness, has double the risk of the average population of developing early-onset dementia. That is a risk that the insurance companies do not want to compensate injured people for, but the research is clear.
Fortunately, Aaron M. House spends much of his time keeping up to date with the latest research on traumatic brain injuries, which helps make him an excellent advocate for his clients who have suffered a traumatic brain injury.
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To discuss your case in greater detail, email or call House Law LLC at 816-875-4260 to schedule a free consultation. Our legal team will listen to the facts of your case and provide a clear assessment of your legal options.