A severe blow to the head often results in a traumatic brain injury. Just one impact that takes only a moment can cause a lifetime of physical, cognitive, emotional, and behavioral changes. Especially frustrating to many victims, a traumatic brain injury can be hard to prove and is often diagnosed based on symptoms, not a physical injury that a jury can see.
If you or a loved one are pursuing a personal injury claim for a brain injury, it is important to know that insurance companies may try to deny the injury exists. These cases are especially heartbreaking because the at-fault party often tries to blame the victim, who may already be suffering from a decline in cognitive function. Without an experienced Palatine traumatic brain injury lawyer to represent them, they could be re-victimized by defense attorneys whose only priority is escaping blame to avoid having to compensate them. A dedicated catastrophic injury attorney at The Kryder Law Group could do everything in their power to fight back against such assertions.
Symptoms of a Traumatic Brain Injury
Some of the most common symptoms of a traumatic brain injury can impact your daily life. They include:
- Dizziness or blurry vision
- Nausea or vomiting
- Recurring and frequent headaches
- Long-term or short-term memory loss
- A constant state of fatigue
- Loss of coordination
- Altered sleep patterns
- Loss of the ability to concentrate
The one thing almost all of these symptoms have in common is that another person cannot observe them. Unlike a broken bone or a cut, you cannot easily show or explain these injuries to someone else. This makes traumatic brain injury claims unique from many other personal injury lawsuits. Thus, having a Palatine traumatic brain injury attorney familiar with this type of case on your side is essential.
How Traumatic Brain Injuries Are Proven
Per the FDA, no medical device can diagnose a traumatic brain injury without the input and judgment of a healthcare provider; imaging tests like CT and MRI scans cannot always detect physical evidence of a traumatic brain injury. Your healthcare provider will usually include a neurological exam as part of their diagnosis. These tests evaluate thinking, motor function, sensory function, coordination, eye movement, and reflexes.
Because it can be impossible to show a physical injury in a lawsuit for a traumatic brain injury, the responsible party will sometimes try to argue that the injury does not exist. It may be necessary to have medical experts and people who observed your behavior and mental function before and after the injury testify in court to prove your condition.
Compensation for Traumatic Brain Damage
Some damages from traumatic brain injuries are straightforward and relatively easy to calculate. You may be entitled to compensation for lost wages, medical bills, home caregiving, and other expenses directly related to your injury.
Some things are harder to put a dollar amount on. Because of the cognitive impact of a brain injury, it is common for victims of a severe traumatic brain injury to be unable to perform the same mental tasks they used to. This could mean you can no longer multi-task or remember important details of your work, which limits the possibility of advancement. It may be necessary to seek financial recovery for lost future earning potential on top of lost wages.
Finally, the pain and suffering you have endured, the loss of enjoyment in life, and the inability to do activities you formerly enjoyed, must also be compensated. Although no figure will make your suffering worthwhile, a seasoned traumatic brain injury lawyer in Palatine could help ensure you are reimbursed as much as possible for them.
Consult with a Palatine Traumatic Brain Injury Attorney
Proving a traumatic brain injury to a jury or for negotiation purposes can be difficult. Putting a dollar amount on everything a brain injury has cost you is impossible, but a Palatine traumatic brain injury lawyer at The Kryder Law Group could ensure you get everything you are entitled to.
Our legal professionals know what arguments an insurance company or defense attorney will likely use and how to fight them. Contact us today for a free consultation about your unique situation.