When people think of catastrophic injuries, it is common for them to imagine broken bones, huge, ugly scars or people in casts and wheelchairs. It is probably because these are the ones that are obvious and visible to the naked eye.
But sometimes, the most devastating injuries cannot be seen. Such is the case with traumatic brain injuries (TBIs). Depending on severity, TBIs can change how a person thinks, feels, acts, functions and processes emotions. It can change the life of a person forever. These “invisible” injuries come with unique challenges to the victim as well as their families.
The hidden nature of TBIs
TBIs are not always apparent because a lot of their symptoms do not always surface days or weeks after the injury, making it difficult to directly connect them to the accident. This is why even mild TBIs can complicate personal injury claims in Virginia, while severe cases involve prominent long-term impairments and higher damages.
Why is a TBI case hard to prove?
Advanced tools and professional medical insights are mandatory in personal injury cases. Key challenges include:
- Delayed or subtle symptoms: Doctors or even the victims themselves may fail to recognize the injury right away.
- Inconclusive imaging results: Symptoms like memory loss or behavioral changes cannot be verified using standard imaging tests, so juries or insurers may doubt the seriousness or even believe the existence of the condition.
- Pre-existing condition arguments: Defense attorneys may argue the problems stem from pre-existing conditions, such as other injuries that occurred around the same time of the accident or late onset mental health issues.
But do not worry, even when definitive results are lacking, you can still present other types of admissible documentation in court.
The role of in-depth testing and qualified medical professionals
Neuropsychological testing is not part of most standardized medical exams. But it can be useful in proving the effects of a TBI. Neurologists, neuropsychologists and other medical professionals can measure memory, concentration and personality changes through standardized tests. These doctors have the training to explain the full impact of your TBI in court.
How Virginia courts evaluate and prove TBI claims
Clear proof of causation and long-term impact will be required. Judges and juries may be skeptical of cognitive or personality change claims, especially when imaging is inconclusive. To counter this skepticism, a lawyer must use testimony from medical professionals, detailed documentation and narratives demonstrating the true extent of damages covering medical costs and future care needs.
Stay informed and fight for your rights
If you are a TBI victim, there are many online resources on TBIs where you can learn more about your case. Seek medical care and legal representation to protect your rights. Some TBIs result in long-term or lifetime symptoms, so get the right support as early as you can to make a lasting difference in your recovery and quality of life.