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How Does A Delay In Diagnosis Affect A Personal Injury Claim for Brain Injury?

When diagnosis of injuries is delayed, it can be difficult to link an injury to an accident. This is where an attorney who is experienced in this field becomes so important. The first thing that really needs to be done is to document the extent of the brain injury. Usually we start with neuropsychological testing, a testing that is very unusual as part of the regular medical treatment. It is absolutely necessary in many cases to document the extent of dysfunction from a brain injury. With neuropsychological testing, a neurophysiologist documents the specific areas that are being affected by the brain injury and the severity of deficits by using standardized tests for different brain functions and comparing the results to non-injured subjects.

Another way to demonstrate a brain injury diagnosis is with MRI studies or other sophisticated diagnostics to determine whether the brain shows evidence of damage or evidence of abnormal functioning of the brain. Unless the injured rider has an attorney who arranges for the necessary tests to be performed, it can be difficult to recover damages.

I once represented a doctor with experience in head injuries who didn’t realize that he had a brain injury. He knew that something was not quite right, but he was certain he did not have a brain injury. I convinced him to undergo testing. We did a sophisticated MRI examination, and to his surprise, we found clear evidence of traumatic brain damage.

Of course, that made quite a difference when it came to settlement. That kind of a result, unfortunately, is not unusual. We see this over and over again, because brain injuries cannot be seen by the naked eye, and the consequences of a brain injury, such as memory problems, are not always clear.

Medical Evidence Required By Insurance Companies In Determining That A Brain Injury Occurred

Brain injuries often result in large monetary payouts and the insurance companies don’t look for evidence of claims that aren’t presented. When they are presented with these types of claims, they won’t settle them unless they feel the evidence is so strong that a jury will be convinced the injury exists, and that the injury was caused by the accident. The kinds of things that an insurance company will require before they make a payment on one of these cases is o-called objective evidence. In some cases, neuro-psychiatric testing will suffice. In some cases MRI results will convince hem. Without objective documentation of the head injury the insurance company will be reluctant to step up to the plate and start writing big checks.

Long And Short Term Impact Of Brain Injuries As A Result Of Motorcycle Accident

With some mild brain injuries, the brain can learn to compensate or it seems that the brain can actually recover. With other, more severe, brain injuries, it becomes a long term and permanent problem. Commonly, we see that symptoms such as unexplained irritability or difficulty with short-term memory seems to be very common. Difficulty learning new things is also fairly common. In many instances clients with brain injury find they have to read something and then re-read it because they don’t really grasp it.

Sometimes, clients find there are things they could do easily before the accident, and now it seem to require a lot of attention. Suddenly, it’s only with difficulty that they can do those things. Depending on the type of work that someone does, this difficulty can affect their ability to earn. It can curtail future ability to progress in their field. Most importantly, it can actually take the enjoyment out of their lives.

Common Symptoms Indicating Brain Injury

The range of symptoms that result from a brain injury is really as large as the range of functions that the brain does for us. Some clients have difficulty with hot and cold temperatures; some clients suddenly find that alcohol has a much greater affect on them and they don’t know why. We see hearing problems, occasionally we see visual disturbances. It’s not uncommon for someone to start feeling dizzy or have nausea.

Brain injuries can result in sleep difficulties. People have a hard time realizing that the sleep difficulty was caused by injuries from their accident. Unfortunately, if left untreated, problems with sleeping can become chronic. Lack of sleep on a long-term basis can be significant. Because all of us have trouble here and there with sleep, it’s very easy to miss or to not document properly.

For more information on Delayed Diagnosis In A Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 373-5595 today.

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