The sudden impact of a collision can cause a traumatic brain injury after a car accident, resulting in delayed symptoms and serious issues that can affect a victim’s quality of life. Traumatic Brain Injuries (TBIs) are often undercompensated in personal injury cases, especially because the early symptoms are often dismissed or ignored.
If you or a loved one has been in an accident, then it’s essential that you work closely with medical providers and an experienced legal team to understand your traumatic brain injury legal rights.
Why TBIs Are Called “Invisible Injuries”
If you have a traumatic brain injury after a car accident, then it likely falls in the category of an “invisible injury.” Other injuries, such as broken bones, are immediately diagnosed and show up on X-rays. But the TBI symptoms after an accident require more in-depth evaluations to understand the extent of damage. Without CT scans, MRIs, and neuropsychological examinations, these symptoms might go unnoticed.
The problem is that when there aren’t visible injuries, then insurance adjusters will try to argue that the accident damage wasn’t serious. This strategy is used more often when the accident victims don’t have medical documentation starting immediately after the accident.
In the state of Texas, TBI claims are allowed even if the symptoms started to develop weeks or even months after the crash occurred. But if there are gaps in the treatment, then the insurance company might try to minimize or even deny your claim.
TBI Symptoms After an Accident: What to Watch For
Here are some of the most common TBI symptoms that victims experience after an accident:
- Acute Symptoms (Right After the Accident): You might experience immediate symptoms within a few hours or days after the accident. These acute symptoms might include headaches, confusion, nausea, light sensitivity, blurred vision, or even a brief loss of consciousness. If you have any of these symptoms, then see a doctor immediately.
- Delayed Symptoms (Days to Weeks Later): Delayed symptoms can pop up later on, and might include memory problems, difficulty concentrating, mood swings, sleep disruption, and personality changes. Too often, these symptoms are dismissed or categorized as stress, but they could be signs of undiagnosed TBI.
- When Emergency Care is Necessary: Regardless of the time that has passed after the accident, it’s critical that you seek emergency care if you experience any of these red flags. Examples include repeated vomiting, seizures, one pupil is larger than the other, or an inability to recognize familiar people or places.
What are the Long-Term Effects of Traumatic Brain Injury?
There are many long-term effects of a traumatic brain injury, which is why it’s critical that you seek a diagnosis and take action with a proactive treatment plan. Here are just a few of the ways that your life might be impacted in the long-term after suffering a TBI:
- Cognitive: TBI patients often experience ongoing memory loss and have a hard time making decisions. Some people also find it difficult to focus, which makes it hard to return to the same level of work.
- Emotional and Behavioral: You might notice long-term effects such as depression, anxiety, impulsivity, and anger management problems. These symptoms typically don’t show up until months after the injury, which is why they are often assumed to be related to other causes.
- Physical: Some of the most common ongoing physical symptoms include chronic headaches, seizures, sleep issues, and chronic fatigue. Some patients have these symptoms for years, or the symptoms could even become permanent.
- Future Health Risks: Did you know that a moderate or severe TBI can also increase the risk of other health complications? For example, the risk is higher of developing early-onset Alzheimer’s, Parkinson’s disease, or a degenerative brain disease known as Chronic Traumatic Encephalopathy (CTE).
It’s essential that you have a proactive legal team to factor all of these future risks into your TBI personal injury claim. Since the future is unknown, you need to have sufficient compensation to cover all of the complications that you might experience later on.
How TBI Personal Injury Claims Are Proven in Texas Courts
Our legal team brings the expertise that you need to build a strong enough case that can hold up in Texas courts. Not only are neurological imaging and a formal neuropsychological evaluation needed to determine the diagnosis and severity of your injuries, but it’s necessary to have ongoing medical documentation to track the condition as your symptoms are evolving.
One of the most important factors that will affect your settlement is whether you are receiving consistent treatment. If there are any gaps in your medical care, then the insurers will use it against you. The insurance company is looking for every option available to argue that the injury wasn’t serious and has already been resolved.
It can also be helpful to bring in expert witnesses to argue on your behalf, including neurologists, life care planners, and vocational experts. These witnesses translate the medical findings into understandable terms, so the judge and jury really understand what you are experiencing.
Finally, we recommend that our clients keep a personal symptom journal starting from the date of the crash. This information is helpful for showing the daily reality that you are experiencing while living with a TBI, and the courts and juries respond well to this type of documentation.
FAQ
Can TBI symptoms appear weeks or months after an accident?
Yes, some patients experience delayed TBI symptoms after an accident that can show up weeks or even months after the injury.
Can I file a TBI claim if I only had a concussion?
From a medical perspective, a concussion is a mild TBI, and you can pursue compensation under Texas law. Your case will be stronger if the symptoms are persistent and have interfered with your ability to work and function on a daily basis.
Suffered a TBI in South Texas? The Green Law Firm Fights for Full Compensation
You need attorneys who understand TBIs and have experience with other similar cases. Our team at The Green Law Firm is here to help, building a strong enough claim that helps you get the compensation that you deserve. Contact us to schedule your free consultation to learn more about your legal rights: (956) 542-7000.
