An undetected brain injury can result in serious long-term mental and physical problems. Because of this, individuals who have been involved in an accident that may have resulted in brain damage may be able to obtain compensation for their injury, if they take the correct steps.
Undetected Brain Injuries
A traumatic brain injury (TBI) occurs when the individual has suffered a concussion, fractured skull or other traumatic injury that may impact the brain. However, many of these injuries are, at first glance at least, minor, being known as minor traumatic brain injury (mTBI). In many cases, an mTBI will go undiagnosed for some time, as it usually has negligible symptoms. An undetected injury can often occur when an individual is playing a sport such as football, or after falls or other accidents. Because they are so hard to detect, it may be some time before the individual notices any symptoms and he or she may explain those symptoms away as being caused by something else.
The Effects of Brain Injuries
Unfortunately, these types of brain injuries, especially if they go untreated, can lead to severe health issues. In fact, many former pro and college football athletes have suffered long-term health issues due to the effects of an undetected brain injury. These effects can include the following health conditions, and can arise from even a single undetected injury:
• Memory loss.
• Impairment of the individual’s cognitive functions.
• Mood swings or other emotional disorders.
• An increased risk of suicide.
• The development of early-onset dementia.
Because these symptoms may occur some time after the brain injuries occurred, it is important to secure effective legal assistance that can help demonstrate the tie between the injury and the individual’s current health problems. A skilled attorney can obtain the evidence, not simply regarding the individual’s own condition, but the corroborating evidence from other examples of undetected brain injuries and present it to the court as part of a compelling argument on the victim’s behalf.
Compensation for Brain Injuries
There are a variety of types of compensation available for those individuals who have suffered from the effects of an undetected brain injury. In most cases, they can obtain compensation for their real damages, including the following:
• Short and long-term medical treatment, including any rehabilitation the victim will have to undergo.
• Compensation for lost wages. If the individual becomes unable to work, he or she can receive compensation for the individual’s estimated lifetime earnings.
• Mental and emotional pain and suffering.
• Should an undetected brain injury result in death, the victim’s family can obtain compensation for the lost companionship and support of the victim.
If the injury occurred as a result of egregious neglect or malice, the court may also impose punitive damaged upon the defendant. However, the issue of obtaining punitive damages is a complex one, requiring the assistance of a skilled attorney. Any individual who is experiencing symptoms that might indicate he or she has suffered a traumatic brain injury should immediately consult with a skilled personal injury attorney. Due to the complex nature of proving the link between the effects of an undetected brain injury and the actions of the defendant, the victim must secure assistance from an attorney who is experienced in litigating these types of cases. By contacting the law firm of Eric J. Hertz, P.C., an individual who has suffered a brain injury can have his or her legal options fully explained.