Why Are Traumatic Brain Injury Cases so Complicated?

Michael Brandner • June 25, 2018

Traumatic brain injuries (TBIs) are particularly challenging from a legal perspective. This type of injury is not like other personal injury cases. Brain injuries have the potential to linger for years, decades, or even the remainder of one’s life. In some cases, the victim does not feel the effects of the accident and injury until days or weeks afterwards. Furthermore, there is often no visible damage as is often the case with more traditional injuries.

If you, a family member, or friend suffers injury in an auto accident, reach out to our Louisiana brain injury lawyer right away. We will review the facts of your unique case, fiercely advocate on your behalf, and push for justice every step of the way. Since March is Brain Injury Awareness Month, we hope that you’ll familiarize yourself with the signs of TBIs and understand why these cases are so complicated.

Signs of TBI

It might be quite difficult, if not impossible, to determine if you or your loved one has a TBI. This is because plenty of TBI sufferers do not always show signs of one or several symptoms. It might take weeks or even months for the TBI to reveal itself. 

That is why you should not hesitate to visit with a doctor following an accident for a comprehensive evaluation and to get your accident detailed and your health documented.

Signs of TBI stemming from your accident may include difficulty in concentration, slurred speech, mood swings, vision loss, diminished sense of smell, sensitivity to noise or light, or impulsive behavior. A doctor will be able to help you determine if these symptoms are from a TBI or if you are experiencing a different type of injury. 

The Legal Aspect of TBI Cases

Brain injury cases raise difficult medical and legal hurdles. That is why you need a savvy and experienced brain injury lawyer on your side to obtain justice. 

This is especially true if you suspect anyone else is even partially at fault for your brain injury, head injury, or other injury. A proven Louisiana brain injury lawyer that specializes in brain injury litigation will be uniquely equipped to handle these types of legal challenges. 

At Mike Brandner Law, our team will review your case, develop a legal strategy rooted in solid legal theory, and do everything possible to win your lawsuit.

Our team understands that most TBI cases center on the legal theory of negligence. If we can prove the opposing party failed to provide you with due care, or he or she acted in a negligent manner, the court will likely hold them liable for the cost of your TBI, pain, suffering, lost wages, and so on.

Proving Negligence

It is easy to accuse someone of acting in a negligent manner that caused a TBI. Yet, proving it can be challenging. Even if we can prove negligence in a court of law, it is still necessary to connect the injuries to the conduct in question. You need the right attorney on your side to gather information and zealously represent you in and out of court.

The Challenge of Brain Imaging

It is difficult to measure the presence or extent of brain injuries without brain imaging. Such images can show impairments after TBI accidents. However, CT scans have their limits, often only revealing especially severe brain injuries. If the TBI is mild, the imaging might look nearly or completely normal. It could take several weeks or months for the true damage to appear.   

The Leading Louisiana Brain Injury Lawyer is a Call Away

If you have suffered a TBI or if a family member has been harmed due to another’s negligence, we can help. Reach out to our Louisiana brain injury lawyer after your accident. Our office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. However, we are always willing to answer your call anytime, 24/7. You can also interact with our team on the web with our convenient LiveChat and secure online form options. You have everything to gain and nothing to lose, as there is no fee unless we win your case. Consultations are completely free, too. So, don’t waste any more time. Contact us today!

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