Advances in Mild Traumatic Brain Injury Diagnosis Could Have Positive Effect on TBI Lawsuits

TBI lawsuits

Traumatic Brain Injury (TBI) is typically caused by an accident and includes a wide range of medical conditions that involve trauma to the brain. Mild TBI (mTBI) are classified as cases where less severe than typical injuries cause the brain injury. In 2013, about 2.5 million people were admitted to emergency rooms for traumatic brain injury-related incidents. While estimates across data analyses vary and mTBI is likely undereported, there is general agreement that 75% to 90% of traumatic brain injuries would be classified as mild.

Note that a mTBI is not necessarily a mild injury but traditionally, insurance companies have tried to take advantage of the fact that the head trauma was sustained from a less severe than typical accident in order to argue that the plaintiff is not entitled to a large settlement.

If you or a loved one has suffered a mTBI because of the negligence of another, contact an experienced traumatic brain injury lawyer for an evaluation of your case and to discuss your legal rights.

Advances in mild traumatic brain injury diagnosis could have positive effect on TBI lawsuits

A study released in 2017, concluded that new advances in traumatic brain injury diagnostics have the potential to help plaintiffs prove damages and obtain a fair settlement for damages sustained from their mTBI. Without advanced diagnostic tools, there was a low chance of identifying brain injury from the less severe looking injury but new scientific discoveries and testing methods are being developed that are designed to lead to early diagnosis. One example is the use of a handheld tool called a pupillometer that is used to scan the patient’s eyes to look at the puplillary light reflex. The tool sets a baseline reading after the accident and then identifies changes in how the pupils respond to light over time. It is thought that examining the puplillary light reflex right after an accident and then again later is an effective way to check for and diagnose a traumatic brain injury. Apart from being better able to prove to the judge, jury, mediator or insurance company that a serious injury was sustained, the patient benefits from early diagnosis through timely treatment.

What are damages in a mild Traumatic Brain Injury lawsuit?

Mild TBI cases are a type of personal injury case so damages fall into monetary and non-monetary categories including pain and suffering, lost wages, physical therapy/rehabilitation, medical expenses (past, present and future), continuing care, loss of quality of life, funeral expenses (in a wrongful death action) and more.

The amount of the settlement varies dramatically from case to case and depends on the severity of the injury and the expense of the medical treatment, ongoing care and lost wages.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice and other negligence. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.