TBI, The “Invisible” Injury
A TBI (traumatic brain injury) can happen to anyone, and it can be one of the most devastating injuries for a person to deal with. After all, the brain is the seat of knowledge, personality, emotions, motor skills and coordination, pain perception, sensory perception, and the list goes on and on. It only stands to reason that an injury to the brain can have a far-reaching impact on a person’s overall function and quality of life.
Despite the significant impact these injuries can have on a person, insurance carriers often deny claims for TBI’s with more frequency than with, say, orthopedic injuries. The reason for this is twofold: first, our understanding of the brain is limited due to its complex nature and medical science is learning more and more each day; and second, because many TBI’s don’t result in a brain bleed that shows up on CT or MRI imaging, it is easier for an insurance adjuster to dismiss the injured person’s symptoms as malingering. The old adage is true: a picture is worth a thousand words. So, how do we prove an injury that is mostly “invisible” to current radio diagnostic imaging?
There are a few important things to remember when dealing with these injuries. As most Board Certified Physical Medicine & Rehabilitation doctors will tell you, we treat symptoms, not images. In other words, it doesn’t matter that a TBI doesn’t show up on imaging, if the person has the classic symptoms, it’s a TBI. Some of these classic symptoms include regular headaches, dizziness, confusion, tinnitus (ringing in the ears), vertigo (loss of balance), visual difficulties, word-finding difficulties, memory deficits, emotional lability, and that is just to name a few. So, if you have been in an accident and are suffering these symptoms, tell your doctor and don’t leave any of them out.
Another important aspect of proving TBI cases is the witnesses to the person’s injuries and the impact on their life. Obviously, if a bystander of an auto accident witnesses that the victim was knocked unconscious by the collision, that can go a long way in proving TBI. But family members, friends, and coworkers who can witness the changes in a person’s behavior, energy level, memory, etc. can be extremely helpful too. These folks can give us the “before and after” picture, which can be very persuasive when it comes to proving the “invisible” injury. Finally, good doctors who understand TBI and know how to explain it to lay people are some of the best witnesses when it comes to proving these cases.
As is always true with injury cases, the credibility of the injured party is paramount. A claimant must be thorough in the description of all her symptoms, she must describe in detail how her daily life has been impacted by the TBI, and she must convey the hurt and devastation it has caused her and her family. At the same time, the person must convey a toughness that the judge or jury will respect, and not come across as looking for sympathy or looking to gain a windfall from the lawsuit. This sort of balance is very difficult to strike, but it is required if the judge or jury is to consider the injured party “worthy” of a sizeable award.
Finally, early and frequent documentation is key. Giving an accurate history to doctors, giving a consistent story to claims handlers and investigators, and even keeping a personal journal are all tools that will help greatly when it comes to proving your claim. If you can put these tools into your attorney’s hands, then he or she will be in a much better position to prove your case and get you just compensation for your “invisible” injury.
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