Brain injuries can happen in car crashes, motorcycle accidents, slip and fall incidents, workplace accidents, and sports-related injuries. The scary part is that many people don’t realize they’ve suffered a traumatic brain injury right away. Symptoms might not show up immediately, which makes getting medical help as soon as possible so important.
If you think you might have a brain injury, even slightly, see a doctor now. These injuries can change your life in ways you might not expect, affecting everything from your ability to work to your relationships with family and friends.
Understanding Traumatic Brain Injuries
A traumatic brain injury happens when an external force damages the brain enough to cause injury. These injuries range widely in severity. Some people experience mild concussions that resolve with time and rest. Others face life-changing effects that last for years or become permanent.
The effects of a TBI can be different for every person. Some common issues include:
- Cognitive problems like trouble with memory or concentration
- Chronic medical conditions that require ongoing treatment
- Emotional disturbances that affect mood and behavior
- Physical disabilities that limit daily activities
- Problems with speech or communication
- Difficulty swallowing
TBIs can affect your professional life, personal relationships, and financial situation in ways that are hard to predict at first. This is why getting a proper medical evaluation matters so much, not just for your health but also for any legal case you might have.
Initial Assessment: The Glasgow Coma Scale
When someone arrives at the hospital after a suspected brain injury, medical staff use the Glasgow Coma Scale as their first assessment tool. This test comes from the National Institutes of Health and measures how well your brain is functioning right after an injury.
The Glasgow Coma Scale looks at three basic areas:
- Eye-opening ability
- Verbal response and communication
- Motor response and movement
The test scores you out of 15 total points. Here’s what the scores mean:
- 13 points or higher can still indicate a mild brain injury
- 9 to 12 points suggests a moderate TBI
- 8 points or less signals a severe TBI
This test has limitations, though. The score doesn’t guarantee how well you’ll recover. More importantly, it might not show the full extent of your brain injury or even prove that one exists. That’s why doctors developed more sensitive tests to get a complete picture.
Imaging and Radiology Tests
After the initial assessment, doctors might order imaging tests to see what’s happening inside your brain. Two main types of scans help diagnose brain injuries:
CT Scans
Computerized Tomography scans create detailed images of your brain. Doctors use these to spot bleeding, swelling, or other immediate problems. CT scans are often the first imaging test ordered because they work quickly and can catch serious issues right away.
MRI Scans
Magnetic Resonance Imaging provides even more detailed pictures of brain tissue. These scans can show damage that might not appear on a CT scan. MRIs take longer to complete but give doctors better information about the injury’s extent.
Even these advanced imaging tests have their limits. Sometimes additional testing is needed to understand how the brain injury affects your daily life and abilities. If you need brain scans as part of your diagnosis, consider talking to an attorney to make sure your medical needs are properly documented for your case.
Neuropsychological Evaluation
A trained psychologist performs this comprehensive evaluation to understand how your brain injury affects your ability to function in everyday life. This isn’t a quick test. It’s an exhaustive study of your abilities across many areas.
The neuropsychologist will review your personal history, work background, and health records, including all treatment you’ve received for your brain injury. You’ll sit for an interview, and sometimes family members are interviewed too.
What the Tests Measure
The evaluation includes a series of tests that look at:
- How long you can pay attention to tasks
- Your ability to concentrate on one thing
- How well you learn new information
- Your memory function for recent and past events
- Your use of language and communication skills
- Visual perception and how you process what you see
- Your ability to plan ahead and organize tasks
This evaluation shows the long-term effects of your injury. It also suggests what kind of rehabilitative treatment might help you recover. These findings become extremely important when determining fair compensation in a legal settlement because they document real impacts on your life.
Speech-Language Pathology Evaluation
Your brain controls speaking, communicating, and swallowing. When a brain injury happens, these functions can be affected in ways that change your daily life. If you’re having trouble with any of these areas, a speech pathologist evaluation can help.
The American Speech-Language Hearing Association oversees speech pathologists who test for:
- Cognitive abilities related to communication
- Language skills for understanding and expressing thoughts
- Speech production and clarity
- Swallowing function and safety
- Voice quality and control
The speech pathologist creates a treatment plan based on what they find. This might include a rehabilitation program designed for your specific needs, plus strategies to help you work around difficulties while you recover.
How Brain Injuries Affect Legal Settlements
When your TBI results from someone else’s negligence or willful harm, you have the right to seek compensation. The severity of your damages and the amount of compensation vary based on your specific situation, but several common factors come into play.
Medical Costs and Future Care
Hospital bills add up quickly after a brain injury. You’ll likely need medication, ongoing doctor visits, and possibly years of treatment. Many TBI victims require continuous medical care through:
- Physical therapy sessions
- Rehabilitation programs
- Treatment for chronic conditions caused by the TBI
- Neurological care to monitor brain function
- Regular diagnostic testing
These costs don’t stop when you leave the hospital. Future medical expenses are often included in settlement calculations because brain injuries frequently require long-term care.
Lost Wages and Earning Potential
A brain injury can affect your ability to work in several ways. If you miss work while recovering, those lost wages matter. But the bigger concern comes when your injury affects your ability to do your job permanently.
Maybe you can’t work in the same capacity anymore. Perhaps you had to take a lower-paying position because of cognitive limitations. These changes to your earning potential directly impact your financial stability and should be reflected in your compensation.
Pain, Suffering, and Life Changes
The trauma from your accident can affect your peace of mind. You might feel anxious about situations similar to how you got hurt. Beyond that, a life-changing brain injury can cause psychological damage that touches every part of your life.
Your daily routines might change. Personal relationships can suffer. Activities you used to enjoy might not be possible anymore. These invisible impacts are real, even though they’re harder to put a dollar amount on.
Challenges in TBI Cases
Brain injury cases come with unique obstacles that make them more complex than other personal injury claims. The biggest challenge is the variability of symptoms. Because TBIs affect everyone differently, it can be hard to link a specific symptom directly to the injury itself.
For example, brain injuries can affect organ functions like heart activity or digestion. If you had any history of heart problems or digestive issues before your injury, the other party might argue that your current symptoms aren’t really from the TBI. This kind of dispute happens often.
Psychological damage and other invisible factors are particularly hard to quantify. How do you measure the value of lost relationships or the inability to enjoy hobbies that once brought you joy? These questions often lead to legal disputes between parties.
Expert testimony from medical professionals can help prove that your symptoms are legitimate effects of your brain injury. But even with expert support, there are no guarantees. This is one reason why having legal representation makes such a difference in these cases.
Getting the Compensation You Deserve
Brain injuries are serious. They change lives in profound ways that aren’t always obvious right away. The medical evaluation process helps document what you’re going through, from the initial Glasgow Coma Scale assessment to comprehensive neuropsychological testing.
Understanding how these evaluations work and what they show is important for your health and your legal case. The testing reveals both the immediate damage and long-term effects that will influence your life for months or years to come. This documentation becomes the foundation for proving the true value of your claim.
Legal settlements for traumatic brain injuries need to account for all of these factors: past and future medical costs, lost wages, reduced earning capacity, and the life changes you’re experiencing. It’s a lot to keep track of, especially when you’re trying to focus on recovery.
Get The Legal Help You Deserve
If you or someone you love has suffered a brain injury because of someone else’s actions, don’t wait to get help. These cases are complex, and the sooner you have someone looking out for your interests, the better. Hart Law understands what TBI victims go through and can help you get the compensation you need for your recovery and future.
Call Hart Law today at (803) 771-7701 for a free consultation. We’ll listen to your story, answer your questions, and help you understand your options without any pressure to hire us. You deserve someone who will fight for your rights while you focus on getting better.