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Your Traumatic Brain Injury Case

Man with head injury
Each day, more than 100 people die in the U.S. from injuries related to a traumatic brain injury (TBI), according to the Centers for Disease Control and Prevention. Motor vehicle accidents are the third leading cause of TBI-related deaths. Head injuries are a silent epidemic because the symptoms aren't always apparent. If you're a crash survivor, know what to look for and how to move forward after a brain injury. 

Recognizing Symptoms

A TBI can result when a person suffers a violent blow or hit to the head. A person who is thrown from the car or slams their head on the dashboard during the collision is at risk for a head injury. TBI takes form differently depending on the severity of the injury. Fatigue, mood swings, coordination problems, and nausea are common symptoms associated with a mild TBI.

A crash survivor with a severe TBI may have bouts of confusion, dilated pupils, and ongoing nausea. Head injuries also surface differently in each person. One victim may experience a single symptom, and someone else may experience several. Some people also experience a delayed onset of symptoms, even weeks after the crash.

Alabama has a two-year statute of limitations for personal injury claims. Any unusual symptoms after an accident warrant a visit to your doctor. A prompt visit to a medical provider safeguards your injury claim and your health.

Gathering Evidence

Evidence is a critical component of a TBI injury claim. Diagnostic records, doctor notes, and physical therapy reports offer a detailed diagnosis of your injury. Medical records also include a long-term treatment plan. The long-term effects of an injury significantly affect the value of a personal injury claim.

For example, a victim suffering from poor coordination may be unable to work. Compensation for lost wages would increase the amount of their claim. A personal journal can also serve as a useful form of evidence. A diary that details your day-to-day struggles gives a judge or jury a real-life account of how the injury is affecting you.

A journal will support your pain and suffering claim. Also collect witness statements. A witnesses account of the accident may prove that the other driver caused the crash and is liable for your injuries. Without sufficient evidence, your claim could be devalued or denied. An attorney can help you determine what evidence you need to support your claim. 

Earning Compensation

Personal injury claims for head injuries are complex. Head injuries don't generally come with bruises or cuts. The absence of obvious injuries opens the door to further scrutiny. Insurance companies can dissect medical records to look for errors that point to an inaccurate diagnosis.

Your claim could be reduced, and you may be required to undergo further medical testing if any discrepancies are discovered. Head injury patients are typically seen by multiple medical providers, including an occupational therapist, neurologist, and physical therapist.

The insurance company will not offer a settlement for your claim until each provider submits a complete medical record. Patience is critical as you wait for compensation for your injuries.

However, the wait can give you some advantages. The multiplier method is sometimes applicable to TBI claims that include pain and suffering. The multiplier method totals all your economic damages, such as lost wages and treatment cost. The final amount is then increased by 1.5 to 5 times the original total. The more significant your pain and suffering, the higher the multiplier.

Don't ignore the symptoms of TBI- seek medical treatment. At The Law Offices of Phillip Garrison Wedgworth, we believe that you deserve the best possible future. We work hard to ensure our clients receive the appropriate medical treatment and any compensation they're due. Contact us so we can discuss your case.