There is a common misconception that we only use 10% of our brain’s power. The truth is that we use all of our brain all of the time. Researchers suggest that our brains consist of 86 billion neurons that can transmit information at speeds equivalent to 268 miles per hour.
As powerful as the brain is, it is also extremely fragile.
It’s only protected by a thin layer of bone. It also “floats” inside your skull, which means any forceful jolt, bump, or impact can cause the brain to shift.
Even a slight shift can lead to a traumatic brain injury. How serious are TBIs?
Over 5.3 million adults are currently living with a long-term TBI-related disability. That long-term care can cost millions over the course of a lifetime. Who pays for those expenses depends on how the injury happened. If another person’s negligence caused the injury, the victim should not be burdened with those expenses.
Those need to be paid by the at-fault party’s insurance carrier.
Securing a settlement for a brain injury is not without complications. That is why you need to speak with an attorney from Thomas Law Offices. We have helped many accident victims who are recovering from brain injuries caused by someone else’s negligence.
Securing a settlement is not something you should take on by yourself. You’ll need guidance and support from a personal injury attorney who understands the laws and the costs associated with these types of injuries.
Before you can understand the impact of a brain injury, it has to be properly diagnosed. That will require extensive brain scans and testing. Neurologists who specialize in brain injuries use the Glasgow Coma Scale (GCS) to determine the severity of an injury.
This is typically assessed within the first 24 hours of the injury, but the impact of that assessment can last for a long time.
This is how the classification breaks down:
There are additional diagnostic tests that will help a doctor prescribe a treatment plan that could involve surgery and physical therapy.
A concussion is the mildest type of TBI. It can be caused by a blow to the head such as from a fall or a sudden jolt like you might experience in a car accident.
With a mild concussion, you could experience headaches and slight brain fog. The good news is that most people heal from a concussion with rest over a few days. However, what was diagnosed early as a mild concussion could also develop into something more serious.
A traumatic brain injury can lead to the following conditions:
A TBI can take direct aim at a person’s memory, preventing them from holding onto new facts or recalling past events. It can result in a slower thinking process that impacts how a person speaks. There might also be issues with the ability to pay attention or stay on a task.
Traumatic brain injuries can trigger mood shifts that result in sudden outbursts of anger, sadness, or high anxiety. You might find yourself having a hard time controlling your impulses. Additionally, your energy levels will drop, and you’ll feel constantly fatigued.
In the aftermath of a TBI, you might experience chronic headaches or intense migraines. There can also be issues with your coordination and balance. Victims of TBIs could also develop post-traumatic epilepsy, which leads to seizures. There’s also a higher risk of developing Alzheimer’s or Parkinsons later in life.
It’s clear that even with a mild concussion, there is going to be a disruption to your life. Adding the financial burdens to your recovery will only increase the stress. If those burdens can be removed, you can focus on getting better.
That’s what the attorneys at Thomas Law Offices want to help with.
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It should be easy to assess the immediate costs of traumatic brain injury. There will be the initial expenses associated with hospital care and the missed work.
Those are tangible.
The challenge comes when you have to anticipate future costs, which can vary enormously with severity.
A mild TBI could involve emergency care, imaging, and a few weeks of lost work, while a severe TBI can require lifelong nursing care, home modifications, and ongoing medical management that runs into the millions.
In addition to the “hard numbers,” you also have to account for medical inflation. What you pay for care today might be different in years to come. A botched procedure related to a brain injury could lead to a medical malpractice claim.
Your attorney will help make these calculations and present them in a demand letter to the insurance company. If they accept your demands, you might receive a lump sum settlement or structured payouts. Once you sign a release, the claim is closed. If your condition worsens, you can’t go back for more. Your first settlement will be your last settlement.
Paying for a traumatic brain injury can be extremely costly. That is why insurance companies will deploy any tactic they can to reduce their exposure.
Their approach will rely on Missouri’s pure comparative fault system. This allows an injured person to recover money in an accident even if they are partially to blame. If they accept that blame, it will mean a reduction in the final settlement. That’s exactly what an insurance company wants.
In their efforts to shift blame, the insurance company of the at-fault party might try the following tactics:
The “No Loss of Consciousness” Defense: Insurers often claim a TBI did not occur if the victim never blacked out.
In fact, fewer than 10% of concussion victims lose consciousness at all, which undercuts the argument rather than supporting it. They can extend this concept of your TBI not being bad because it’s hard to prove you have constant headaches or trouble concentrating. They might also use your social media posts against you.
If you’re shown “enjoying” activities, they’ll argue that you’re not suffering as you claim.
Normal Imaging: Initial emergency room CT scans might show there is no significant trauma to the brain. Defense teams frequently use these to argue a lack of injury.
Of course, a TBI can take days or weeks to develop fully. You’ll have to counter those arguments with specialized neurological or metabolic expert testimony.
Pre-Existing Conditions: Insurers may try to attribute your cognitive shifts to a preexisting injury. They could scour your medical records and point to an injury you sustained playing football in high school as the cause of your current condition.
However, Missouri courts allow for the “eggshell skull doctrine.”
That means a person found to be at fault for an injury remains fully liable for a person’s current condition, regardless of a previous injury.
These types of defenses can crop up at any time in your claims process. That is why you need a strong legal advocate on your side who will be fully prepared to address these issues as they come up.
Your brain doesn’t feel pain like other parts of your body. However, an injury can trigger pain in the form of headaches and cause a serious disruption in your cognitive abilities and motor skills. It is also an injury that can have long-lasting effects. Adding to that stress is the fact that someone else caused your injury.
That’s not fair, but there is a remedy.
You can file a personal injury claim to seek compensation for all your current and future losses. This is where Thomas Law Offices comes into play. We’re a team of dedicated attorneys who bring decades of combined experience into every claim. We’re not intimidated by large insurance companies and their legion of lawyers.
Our growing list of positive results proves we take care of our clients and can help secure the maximum benefits allowed.
Insurance companies may seem eager to resolve your claim quickly.
That doesn’t automatically mean their first settlement offer is fair to you. It will likely protect their bottom line and not your financial future. Our experienced Kansas City brain injury lawyers can evaluate the full extent of your damages. That includes your ongoing medical care and rehabilitation needs, your lost earning capacity, and all the pain and suffering you’ve endured.
Missouri law generally gives injured victims five years from the date of the accident to file a personal injury lawsuit.
That’s plenty of time, right?
Actually, the longer you wait, the more your claim might weaken. Plus, can you afford to go for one year with all those bills, let alone five? Acting quickly allows our attorneys to preserve evidence, consult with medical specialists, and build the strongest claim possible.
At Thomas Law Offices, we take the time to understand how your injury affects every aspect of your life and not just today, but years into the future. Contact us today to schedule a free consultation to learn how we can protect your rights. Let us help you decide what needs to happen next.
At the American Association for Justice Annual Convention, Thomas Law Offices Founding Partner Tad Thomas presented “Using Technology to Create a Persuasive and Compelling Story for All Jurors.” The presentation examined how clear language, accessible visuals, and thoughtful use of technology can help jurors follow the facts and understand the larger story of a case....
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