Does a Diagnosis of Traumatic Brian Injury (TBI) Require a Finding of Loss of Consciousness? According to the Science, the Answer is "No".
Insurance adjustors and defense attorneys like to focus on whether the traumatic brain injury (TBI) victim has suffered a loss of consciousness (LOC) after the accident. There is a widely held belief that a victim must lose consciousness for a long period of time before a TBI arises. The supporting medical literature suggests this is untrue. Although loss of consciousness can have some influence on the likelihood for recovery, it is not necessary before a person may suffer TBI. Doctors with experience treating brain injuries and minor traumatic brain injuries (MTBI) instead focus on "alteration of consciousness" as opposed to "loss of consciousness". Any alteration of mental state, such as confusion or disorientation, might be one indication of TBI.
Although LOC is not necessary to support a diagnosis of TBI, its' absence may create challenges to your legal claim for injuries. This is very true if a TBI victim complains of significant TBI symptoms or deficits and/or if the head trauma or injury is minor. In these cases, the insurance company will mount a very aggressive defense by arguing that the TBI victim's problems are due to pre-existing factors or that the person is a malingerer. Insurance company attorneys and their experts will do everything they can to appeal to the jurors' suspicions that the TBI victim is exaggerated for the purposes of secondary gain (i.e., solely to make money without any real injury actually existing).
Have you been injured in an accident in San Diego or anywhere in California and don't know what to do next? We are here to help and provide you with the important and relevant information you need to make an informed decision about:
- How to handle your personal injury claim
- Who is the right injury accident attorney to help you with your case, and
- Whether you even need to hire a lawyer to help you with your insurance claim
Call the Jurewitz Law Group at 888-233-5020 to order one of our free California personal injury books to get the information you need or to set up a free consultation with one of our experienced San Diego personal injury attorneys.
