Insights Into How Our Legal System Works

Insights Into How Our Legal System Works

What You Should Know About Traumatic Brain Injury And Auto Accident Claims

by Yolanda Lane

If you have been in an auto accident, you should be aware of traumatic brain injury (TBI). Stats indicate TBI causes 50,000 deaths, 230,000 hospitalizations, and 80,000-90,000 people have long-term disabilities resulting from it. You may not think anything is wrong until weeks later when the signs of TBI start appearing, and by then, your case will likely already have been settled. Here are some things to know about TBI after an auto accident.

Definition of TBI

Like the name implies, TBI happens because of blunt force trauma to the head or excessive force. During an auto accident, there's a chance of the head getting driven into vehicle frames, steering wheels, windows, or getting struck with other objects. TBI is a Closed Head Injury (CHI) because the trauma doesn't penetrate the skull, and the injury occurs internally.

The skull consists of cerebro-spinal fluid, which serves as a protective layer during an impact. If the accident is severe enough, the fluid moves, causing the brain to hit the skull. A serious accident may cause internal bleeding and swelling, and since the blood doesn't have anywhere else to go, the brain could absorb it leading to damage.

Symptoms of TBI

Symptoms of TBI include:

  • seizures
  • headaches
  • double-vision
  • low-vision or blindness
  • slurred speech
  • mood swings
  • nausea
  • depression
  • trouble walking
  • trouble smelling
  • memory loss
  • fluid coming from ears or the nose 

Proving Your Case

If you think you have a case, prove it with the following: 

  • Medical records. Medical records are very important when filing an injury claim. Request copies of admittance records, ambulance records, prescriptions, and doctor's notes. If you didn't see the doctor right after the accident because you had no immediate symptoms, get the doctor to make a statement that delayed symptoms are common with TBI. 
  • Witness statements. Ask if witnesses saw the driver being negligent, such as talking on their cell phone, or failing to stop at a red light. Find out if the driver incriminated themselves such as saying, " My brakes weren't working properly.", or "I had too much to drink.".
  • Photographs. Get photos of the accident, including skid marks, damaged signs, alcohol bottles, and damaged landscapes. If you didn't take photos, ask witnesses or passengers if they took any.
  • Police Reports. Police reports will document traffic citations, and officers' unbiased opinions. Get a copy from the law enforcement's traffic divisions in the jurisdiction where ​the accident happened, but be prepared to pay a small fee.

Winning a vehicle accident claim for TBi can be tricky, since symptoms often do not appear immediately. If you plan to file suit, contact a car accident attorney to discuss your case. To find out more, contact someone like Loughlin Fitzgerald P C.


About Me

Insights Into How Our Legal System Works

Hello, I'm Christina Miller. Have you ever been fascinated with why the law works the way it does? Ever since I was in junior high, I had an intense interest in anything related to our legal system, whether it be a crime drama on television, a judge show or a legal case covered on the news. I followed it all. As time progressed, I began learning about how the actual legal system worked and not just the fictionalized version of our legal system. This has lead me to start writing my own blog posts about law that I hope will help others.