Proving a Traumatic Brain Injury (TBI)

Some people who are injured in an accident may suffer injuries that include a Traumatic Brain Injury (TBI). When someone is in a car accident, or a fall, they may suffer a TBI from a direct blow to the head. Unfortunately, many people may also suffer from a TBI without actually striking their head, but rather, from the trauma the brain suffers from moving back and forth inside the skull, as happens in a car accident. Although the head does not actually come into contact with anything, the sudden acceleration and deceleration, can cause the brain to suffer an injury.

Most people that suffer serious injuries in an accident generally tend to focus on, and deal with, their physical injuries, whether a fracture or a painful neck or back, and tend to ignore and not recognize a head injury. They may ascribe the problems they are having, whether it is difficulty sleeping, headaches or problems with their memory, to their pain, age or their medication.

A relatively new technology that is being used to identify and diagnose TBIs is called “Diffusion Tensor Imaging” or DTI. This neuroimaging technique is more sensitive than an MRI and can detect damage to the brain that an MRI may miss. The DTI is sensitive to the water molecules and their movement in the brain as well as the nerve fibers. This DTI testing can be used to confirm the presence of brain damage and is generally acceptable as a diagnostic tool to be used in court, the same way a CT scan or an MRI are used.

Over the years Jaroslawicz & Jaros has represented many victims of all sorts of accidents and have often heard their clients deny a head injury, but then respond to many of the questions that are being asked of them with, “I do not remember”. It is only when asked specifically about the apparent difficulties they are having with their memory, and also ask their family members as well if they have noticed any changes in the client’s memory, that we discover that this has been a problem since the accident, but it has not been acknowledged or dealt with.

Once a brain injury is diagnosed there is also something called neuropsychological testing, which is a test to measure how well a person’s brain is functioning. The neuropsychological testing includes reading, language usage, attention, learning, processing speed, reasoning, remembering, problem-solving, mood and personality and more.

It is important for attorneys representing people that were injured in an accident, that are seeking to recover compensation for their injuries to be aware of, and to recognize, the signs and symptoms of a TBI. It is important to recognize a TBI so that it can be treated and also included as an item of damages in any lawsuit.

Once a serious injury such as a TBI is recognized then the right qualified experts need to be hired to examine the client and to then be in a position to testify at Trial if the case is not resolved by a settlement.

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If you or a loved one have been injured and are looking for a personal injury attorney then you need the right advice and counseling to proceed with your case.

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Call Jaroslawicz & Jaros at 212 227 2780 in New York, or submit an online questionnaire. 

Or you can contact partner Abraham Jaros directly, either

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email him at ajaros@lawjaros.com.