Common Misconceptions About Traumatic Brain Injuries

About 2.8 million people suffer a traumatic brain injury (TBI) every year in the United States alone, according to the Centers for Disease Control and Prevention (CDC). Chances are good that you or someone you love will suffer TBI at some point. For this reason, it is important to clear up any misconceptions you may have about this condition.

Misconception #1: You must lose consciousness to have a TBI

Loss of consciousness is not an absolute requirement for a TBI. Many TBI victims experience only a short period of feeling “dazed and confused” with no loss of consciousness. In some cases a TBI victim suffers no disturbance of consciousness at all. On the other hand, an extended loss of consciousness often does indicate a serious TBI.

Misconception #2: “Mild” means minor

It’s not hard to guess how this misconception arose. The problem is that just because medical jargon classifies your TBI as “mild” doesn’t mean you won’t experience post-concussion syndrome (PCR), which often includes long-term symptoms. Defense lawyers and insurance companies often misuse “mild” to convince victims to settle for less than they should.

Misconception #3: TBIs always show up on brain scans

The less serious a TBI, the less likely it is to appear on a brain scan (MRI, CT scan, etc.). Many concussions do not show up on brain scans because the changes are microscopic or chemical in nature. Consequently, a post-accident normal brain scan is no evidence against a TBI. Nevertheless, you might need an expert to refute such an allegation from a defendant or an insurance company.

Misconception #4: TBI symptoms always appear immediately

This idea is one of the most damaging misconceptions of all. It is easy to understand why someone might imagine that no immediate symptoms means no injury. After all, that is the case with most external injuries. Nevertheless, TBI injuries often reside deep within the brain and fail to reveal themselves immediately, causing victims to forego immediate medical treatment.

The truth is that if you feel fine right after the accident, you might be fine — or you might not be. The longer you wait to see a doctor, the more opportunity you are giving the defendant or the insurance company to claim that the accident isn’t what caused your TBI. Without causation, you have no legal claim, no matter how serious your injury. See a doctor ASAP if your head suffers impact or any “whiplash” effect.

Misconception #5: Only head impacts cause TBIs

This misconception makes sense. Since TBI is a head injury, it stands to reason that only a head impact would cause it. This simply isn’t the case, however. A whiplash injury caused by a sudden stop, for example, can jerk your head like cracking a whip. This can cause your brain to bounce around and hit the inside of your skull, resulting in a TBI.

Misconception #6: TBI victims always recover fully

Many TBI victims fully recover. Not everyone does, however. Some people suffer cognitive impairments, memory loss, and emotional problems for years, decades, or even a lifetime after their TBI. If you were young and gainfully employed at the time of the accident, this could result in a very large damages award for diminished earning capacity, assuming you are able to prove it.

Misconception #7: Emotional or behavioral changes are not TBI symptoms

Emotional and behavioral changes are common TBI symptoms, although they are far from universal. Mood swings, insomnia, anxiety, depression, irritability, difficulty concentrating, and other changes are not at all uncommon among TBI sufferers. These symptoms are often difficult to manage because you might not realize that they are TBI-related. This is especially likely if your symptoms develop gradually over weeks and months.

You might suffer emotional or behavioral changes without realizing it. Instead, it might be your coworkers who notice the difference — and don’t know enough about your medical history to attribute it to factors outside of your control. This could get you blamed for personality changes that are not your fault, thereby reducing your quality of life.

Misconception #8: Children recover from TBIs more easily than adults

In fact, the truth is closer to the opposite. Children, with their developing brains, are actually more susceptible than adults to serious symptoms and delayed recovery from TBI. A child TBI victim, particularly if untreated, might not experience observable symptoms until years later, when they experience problems with learning and emotional regulation. Never underestimate the potential seriousness of a childhood TBI.

Misconception #9: A second concussion that occurs before a first concussion heals presents no special dangers

This is perhaps the most dangerous misconception of all. Second impact syndrome (SIS) occurs when someone suffers a second concussion before the first concussion has healed. The death rate for SIS is at least 50%. Combine this reality with the reality that the symptoms of a first concussion might be subtle, and you end up with a deadly combination. Never send a player with a head injury back out into the field after his head clears, for example.

Misconception #10: You can effectively negotiate your claim on your own

TBI claims tend to be high-value claims that insurance companies fight to avoid paying. If you try to negotiate your claim yourself, you will probably be facing an insurance adjuster who makes their living by reducing the value of claims like yours, or by denying them altogether. A skilled Alabama personal injury lawyer can handle negotiations for you, leaving you free to focus on recovering your health.

Do you need an Alabama brain injury lawyer?

You might find it difficult to win a personal injury claim in Alabama because of this state’s draconian contributory negligence law. This law can deprive you of all compensation if you were even slightly responsible for the accident that you suffered. You can be sure that the insurance company will try to blame you for the accident.

Contact Huntsville brain injury lawyers Martin & Helms to schedule a free initial consultation. Remember that under the contingency fee system, you only pay attorneys fees if you win.