Closed Head / Traumatic Brain Trauma (TBI)

Closed head or traumatic brain injury (TBI) is an injury to the brain as a result of an accident or trauma. It may be focal (confined to a small area) or diffuse (affecting a large area of the brain). When an outside force impacts the head, a brain injury can occur, even with relatively minor force. Over the past 20 years, there has been extensive research done, and sadly, we have learned that the brain is more vulnerable to injury than previously thought. Even without losing consciousness, a person can still suffer a TBI. Fortunately, there have also been remarkable advances made in testing technologies, including more sensitive MRIs and CT Scans, as well as treatment options. Nevertheless, injury victims who suffer serious brain trauma seldom fully recover and are often left with permanent injuries that will change their lives forever. And, even if they do recover, there are months, if not years, of painful and difficult rehabilitation. The medical treatment and bills are tremendous. And the toll on the entire family can be formidable.

Early Diagnostic Testing

Although juries are sympathetic towards a proven brain injury, insurance companies are much more skeptical and fight these cases aggressively. The objective is to get the best medical care and determine objective proof of a TBI. With advances in technology, there are more definitive tests, including MRI/DTI (diffusion tensor imaging) that shows damage to the “white matter” of the brain. The “white matter” is located in the interior of the brain and connects different parts or lobes of the brain. Another specialized test is the MRI/SWI (susceptibility weighted imaging) that shows “micro hemorrhages” in the brain. After a high-speed collision, there could be hundreds of these tiny micro bleeds that will not be visible through a standard MRI or CT Scan. As you can see, it is imperative that you get expert diagnostic care in the critical hours after injury.

Dealing with Adjusters

The next issue is dealing with insurance companies. Even though you are still recovering from your injury, adjusters want to take a recorded statement. They say they only want to “get the facts.” In truth, they want to defeat or minimize your claim. Any statements made now will be used against you later. In less severe brain injury cases, most people can speak normally. The problems they are having are not manifested in speech. Instead, they suffer from memory problems, long-term or short-term, inability to focus or problem solve, changes in mood or personality, sleep disturbances, headaches, dizziness, and many others.

Closed head / brain injury cases arise from:

Fatal automobile accidents
Bicycle and pedestrian accidents
Large truck accidents
Motorcycle accidents
Nursing home abuse or neglect
On the job injury (workers’ compensation)

The trial attorneys of Reeves, Aiken & Hightower, LLP, are experienced brain injury litigators. They appreciate the complexities involved and understand both the legal as well as the medical aspects. As a former ICU Registered Nurse (RN), attorney Robert J. Reeves has personally treated head injury patients and helped their families adjust and cope. Attorney Art Aiken’s father is a retired neurologist and is consulted on difficult cases. We welcome the opportunity to sit down and discuss your case. Contact us today for a private consultation.