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Mild Traumatic Brain Injury Settlements

Posted by Siamak Vaziri | Sep 17, 2024 | 0 Comments

Mild Traumatic Brain Injury Settlements

Mild traumatic brain injuries (MTBIs) may sound less severe, but they can still have noteworthy effects on a person's life. They often occur without immediate obvious symptoms, making them easy to overlook initially. However, even a mild brain injury can lead to long-term changes in a person's ability to think, work, and enjoy life. Anyone affected should recognize the gravity of these injuries.

At Vaziri Law, we would be honored to see if you have a strong traumatic brain injury case. We can pursue a just traumatic brain injury settlement on your behalf.

Settlements for MTBIs are designed to compensate the injured person for their medical expenses, lost wages, and pain and suffering. These cases can be complex because the symptoms of the injury are sometimes subtle and not always well understood by medical professionals.

An experienced lawyer can help navigate the intricacies of such cases. Victims must comprehend the legal and medical aspects involved to ensure they receive fair compensation.

A Mild Traumatic Brain Injury (MTBI) Is Still Very Serious

Despite its name, a mild traumatic brain injury is a serious condition that can disrupt a person's life. These injuries typically result from a blow to the head, which can cause the brain to shake inside the skull. This can lead to bruising, damage to blood vessels, and injury to the brain's nerves. People with MTBI might experience symptoms like headaches, confusion, dizziness, and memory problems.

MTBIs are dangerous because they can alter a person's cognitive functions and emotional well-being. Even though these injuries are classified as "mild," they can still cause persistent symptoms that affect daily life and work.

Victims often face challenges with concentration, mood swings, and fatigue, which can persist for months or even years. Recovery times vary, and some people might experience lingering effects that require long-term treatment.

Types of Mild TBIs

  • Concussion. This is the most common type of MTBI. It can occur during sports or from a car accident and often resolves with rest.

  • Contusion. A contusion is a bruise on the brain caused by direct trauma to the head. It can lead to swelling and pressure inside the skull.

  • Coup-contrecoup injury. This injury happens when the brain is injured directly under the point of shock and on the opposite side as it moves within the skull. This is not unusual in an auto accident.

  • Diffuse Axonal Injury. This type of injury stretches and tears brain cells at a microscopic level, disrupting normal brain function.

  • Penetrating injury. While generally more severe, mild cases occur when an object pierces the skull but only causes minor damage to the brain. This could happen in pedestrian accidents.

  • Second impact syndrome. Occurs if a second concussion happens before the first one has fully healed, potentially leading to severe complications.

  • Subdural hematoma. Involves bleeding on the brain's surface beneath the outer covering, which can sometimes be mild but requires monitoring.

Common Causes of MTBIs

  • Falls. Falling down the stairs or in the bathroom are common ways people sustain MTBIs.

  • Vehicle accidents. Car and motorcycle accidents are a major cause of MTBIs due to sudden stops or collisions.

  • Sports injuries. Contact sports like football or soccer can lead to concussions, a type of MTBI.

  • Workplace accidents. Falls or strikes by objects at industrial and construction sites are common causes of head injuries.

  • Assaults. Being struck on the head during an assault can lead to an MTBI.

  • Military actions. Explosions and combat injuries often cause brain injuries in military personnel.

  • Recreational activities. Activities like skiing or cycling without proper headgear can result in head injuries.

Comparing a Mild TBI To a Severe TBI

Mild and severe traumatic brain injuries differ primarily in their symptoms' intensity and duration. While mild TBIs can have subtle symptoms that resolve within a few weeks or months, severe TBIs often result in prolonged unconsciousness or amnesia after the injury.

Severe TBIs can cause long-term complications or disabilities that may affect all aspects of a person's life, including their ability to speak, walk, and perform basic self-care.

People with severe TBIs might require extensive rehabilitation and lifelong medical care. In contrast, those with mild TBIs usually recover with less intensive treatment, although they may still face challenges such as headaches and difficulty concentrating.

Knowing these differences is crucial for legal and medical professionals when assessing the effects of the injury on a person's life. Regardless of whether you have a mild or severe traumatic brain injury, we can help you. Visit a doctor for your severe injuries first. Then, contact us to see if we can demand compensation for your medical bills and lost pay.

Factors That Affect MTBI Settlement Amounts

Factors That Affect MTBI Settlement Amounts
  • Medical costs. Treatment for an MTBI can include doctor visits, diagnostic tests, and therapy. Settlements often reflect these costs, which can accumulate over time.

  • Lost wages. If an MTBI prevents someone from working, they may be compensated for lost income. The settlement may include compensation for both past and future lost earnings.

  • Pain and suffering. This compensates for the physical and emotional stress caused by the injury. Pain and suffering are calculated based on the severity of the symptoms and their burden on life quality.

  • Life alteration. If the MTBI leads to considerable lifestyle changes or requires the victim to modify their home or vehicle, these costs can affect settlement amounts.

  • Future medical care. Some MTBI symptoms can persist, leading to ongoing medical expenses. Settlements may include projected costs for future treatment and care.

How To Prove Negligence Leading To an MTBI in a Personal Injury Case

How To Prove Negligence Leading To an MTBI in a Personal Injury Case
  1. Identify the defendant. Start by identifying who is legally responsible for the injury. This could be a driver, a company, or another party.

  2. Prove duty of care. Show that the defendant had a legal duty to act reasonably toward the victim.

  3. Breach of duty. Show that the defendant failed to meet this duty through their actions or lack thereof.

  4. Link to injury. Connect the breach directly to the victim's injuries, showing that the defendant's actions caused the MTBI.

  5. Document symptoms. Keep detailed records of all symptoms and medical diagnoses related to the MTBI.

  6. Calculate damages. Assess all economic and non-economic damages resulting from the injury, supported by documentation.

  7. Legal representation. Partner with a lawyer specializing in brain injury cases to help gather evidence and present the case effectively.

Importance of Medical Documentation and Expert Testimony

Accurate medical documentation is essential in proving an MTBI in court. Doctors' reports, brain scans, and symptom logs can help explain the extent and severity of the injury.

Expert testimony, particularly from neurologists or neuropsychologists, can provide credibility to claims about the symptoms and long-term effects of an MTBI.

Role of Neuropsychologists in Evaluating MTBI Impact

Neuropsychologists play a critical role in diagnosing and assessing the impact of an MTBI. They perform cognitive tests that can detect subtle brain function changes not visible on MRIs or CT scans. Their evaluations help demonstrate how the injury affects the victim's daily life and cognitive abilities.

Having testimony from a medical expert can make a difference in personal injury cases. It could also increase your potential settlement amount.

Gathering Evidence of the Injury's Effect on Daily Life

Collecting evidence about how an MTBI affects daily life is crucial for personal injury claims. This might include testimonies from family and friends, work records, and personal diaries.

Demonstrating the injury's practical consequences helps argue for a comprehensive settlement. We can even contact a local brain injury association or expert for support.

How Vaziri Law Can Help With MTBI Settlements

How Vaziri Law Can Help With MTBI Settlements
  • Expertise in brain injury law. Vaziri Law Group specializes in brain injury cases, including those involving MTBIs. We understand the medical and legal nuances involved.

  • Maximizing settlements. Our experienced attorneys diligently ensure clients receive the maximum compensation possible, considering all financial and emotional repercussions.

  • Personalized representation. We provide personalized attention to each case, ensuring that all aspects of the injury and its effects are well represented in court or negotiations. We can negotiate with the insurance company and pursue compensation for your severe injury.

  • Access to medical experts. We partner with medical experts who can provide essential testimony and insights into the specifics of your injury.

  • No upfront costs. We offer our services on a contingency basis. Therefore, you won't pay anything unless we win your case. Reach out to us for help pursuing justice.

Contact Our Traumatic Brain Injury Lawyer for a Free Case Consultation

Contact Our Traumatic Brain Injury Lawyer for a Free Case Consultation

If you or a loved one has suffered a mild traumatic brain injury, you might be entitled to compensation. Vaziri Law is here to help you become familiar with your legal rights and options. Our skilled lawyers can walk you through the complex process of filing a brain injury lawsuit and seeking justice.

Don't let the impact of an MTBI disrupt your daily life without pursuing the compensation you deserve. Contact us today for a free consultation to discuss your case. We are dedicated to providing compassionate and effective legal representation to ensure you receive the support you need.

About the Author

Siamak Vaziri

Attorney Siamak Vaziri’s mission is to help make his clients whole by obtaining maximum physical, emotional, and financial recovery. Mr. Vaziri’s clients' needs come first, evidenced by his 98% success rate, more than $1 Billion in client settlements and verdicts, as well as 100+ 5-star reviews. Mr. Vaziri invests every resource to nurture his client and partner relationships and does so with integrity and a relentless work ethic.

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