The Hidden Crisis Of Concussions
A concussion is often called an “invisible injury” because the victim looks fine on the outside, while their life is unraveling on the inside.
The Invisible Injury: Why Proving a Mild Traumatic Brain Injury (mTBI) is a Legal Battle
Unlike a broken bone or a laceration, the damage caused by a “mild” Traumatic Brain Injury (mTBI) doesn’t always show up on a standard hospital X-ray or CT scan. To the outside world, you may look perfectly fine, but internally, you are struggling with memory gaps, sudden mood swings, and a persistent “brain fog” that makes daily life feel like an uphill battle.
At SANFORD A. KASSEL, A Professional Law Corporation, we know that “mild” is a medical classification, not a description of how the injury affects your life. These injuries are serious, life-altering, and notoriously difficult to prove in a courtroom. If you or a loved one is dealing with the aftermath of a brain injury, understanding the legal hurdles—and how to overcome them—is the first step toward securing the brain injury compensation you deserve.
Why Standard Medical Tests Often Fail TBI Victims
In the immediate aftermath of an accident, most emergency rooms rely on Computed Tomography (CT) scans or standard Magnetic Resonance Imaging (MRI) to assess head injuries. While these tools are life-saving for detecting “macro” issues—such as skull fractures, large brain bleeds, or tumors—they are often remarkably ineffective at diagnosing a mild Traumatic Brain Injury (mTBI).
The reason is simple: an mTBI often involves diffuse axonal injury, where the microscopic nerve fibers (axons) in the brain are stretched or torn due to sudden acceleration or deceleration. These tears are too small to be seen on a standard scan, leading doctors to tell patients their results are “normal.” In a legal setting, insurance companies use these “normal” results to argue that the victim isn’t actually injured–they use “clear” scans to deny claims.
To overcome this, our legal team works with medical experts who utilize advanced diagnostic tools, such as:
- Diffusion Tensor Imaging (DTI): A specialized MRI that tracks the movement of water molecules to visualize damage to the brain’s white matter tracts.
- Neuropsychological Testing: A comprehensive evaluation of memory, attention, and executive function to document “invisible” cognitive deficits.
- Functional MRI (fMRI): Measures brain activity by detecting changes associated with blood flow, highlighting areas that are not functioning correctly.
The “Pre-Existing Condition” Trap
One of the most common tactics used by insurance companies to devalue a traumatic brain injury claim is the “pre-existing condition” defense. Because symptoms like headaches, irritability, and memory loss are subjective, defense attorneys will often comb through your past medical records to find any mention of prior stress, depression, or even a minor childhood concussion. Their goal is to argue that your current suffering isn’t a result of the accident, but rather a continuation of your past health history.
At SANFORD A. KASSEL, A Professional Law Corporation, we are prepared for these aggressive defense strategies. We protect our clients by:
- Establishing a “Baseline”: We use employment records, academic transcripts, and testimony from friends and family to demonstrate your high level of functioning prior to the injury.
- Expert Differential Diagnosis: We work with neuropsychologists who can distinguish between symptoms caused by acute trauma and those related to unrelated health issues.
- The “Eggshell Plaintiff” Rule: Under California law, a defendant is still responsible for damages even if the victim was more susceptible to injury due to a prior condition. If the accident aggravated a dormant issue, you are still entitled to TBI compensation.
What Causes A Traumatic Brain Injury
A traumatic brain injury, also frequently referred to as a “TBI”, is a sudden injury that occurs to the brain that is caused by a either a jolt or blow to the head. The following are some of the most common causes behind traumatic brain injuries:
- Slip and fall incidents
- Motorcycle accidents
- Sporting injuries
- Physical Assaults
- Car accidents
It is important to understand that a traumatic brain injury can have different levels or severity in terms of the injury. For instance, the injury can range from a mild concussion to a severe brain injury that causes permanent brain damage.
Given the wide range of possible injuries, the treatments for such will also differ. A mild form of traumatic head injury can require medication as well as rest. If a victim has suffered a severe form of a traumatic brain injury, the victim may be required to undergo surgery or other forms of intensive medical care.
Unfortunately, the majority of traumatic brain injury victims can suffer long-lasting consequences. An injury can impair a person both physically and mentally, which could also mean that an injury can affect the victim’s personality and emotions. When it comes to a child, according to the Centers for Disease Control and Prevention, an injury can affect the child well into his or her adulthood.
Seek Medical Attention Immediately
Due to the possible severity of the injury, it is essential that those who have experienced a traumatic brain injury seek medical attention immediately. A brain injury can seem minor, and depending on the incident that caused the injury, a victim may fail to recognize the severity of the injury. With the medical support of a trained physician, the recovery process may be less intensive.
The Cost Of An Injury
While seeking immediate medical attention should always be a main priority, traumatic brain injury victims should also consider the effects the injury can have on their lives financially. Whether the grievance is mild or severe, the aftermath could be costly considering the medical costs involved. Many victims will need to undergo a MRI scan, which could result in a hefty medical bill. Depending on the severity of the injury, a victim may need surgery, which could easily run thousands of dollars in medical costs. Even in mild forms of a traumatic brain injury, a person might be required to take some form of medical treatments, which could be costly.
Rest And Recuperate
Many, if not most, of all traumatic brain injury victims will need to take time to rest and recuperate before having to return to their day-to-day activities. This means that most victims will need to take time off of work. If the victim is the primary household provider, all those who rely on the victim for financial support may face financial difficulties.
The Importance of Obtaining Legal Support
If you or someone you know has suffered a traumatic brain injury, it is also important to seek legal support. An experienced and qualified attorney can help you obtain financial compensation for the injuries you, or a loved one, received due to another party’s negligence.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation, have a reputation for being dedicated to every one of our cases. Collectively, we have over 50 years of experience in traumatic brain injury cases. The entire legal team, works diligently to ensure that each of our cases have the best opportunity at being successful. Traumatic brain injuries can result in financial distress; seek the help and support of a qualified team of attorneys who can champion for your rights.
