A mild traumatic brain injury may not look like a big problem. But sometimes its effect after some time can make life difficult. In some cases, there are no physical signs, but a person starts experiencing considerable changes in their lifestyle. And the important thing is that even medical records do not show these things properly.
These problems can create challenges during an injury claim. People reviewing the claim may not understand how much the injury has affected the person’s work, health, and daily routine. Several factors can make damages in a traumatic brain injury case difficult to prove, from showing the symptoms to calculating the financial losses.
Your symptoms are difficult to prove
A mild traumatic brain injury basically impacts a person in many ways, but sometimes it becomes so difficult to prove that the accident was behind it.
Some common symptoms include:
- Headaches
- Dizziness
- Trouble staying focused
- Feeling tired
- Problems sleeping
- Sensitivity to lights and loud sounds
Defining what is happening to you
A medical professional may have defined your injury as mild. But there may be some part left out that is not covered in the report.
Let us, a person may:
- Struggle to remember work instructions.
- Tasks the person can do easily have started feeling complex.
- Need more breaks due to tiredness.
- Start experiencing problems communicating.
- Cannot go to crowded places due to noise or lights.
These things are not visible to the other person who is evaluating the claim, and so a person with a mild injury might need to explain these things.
Disagreements about what caused the symptoms
You may prove that you are dealing with such problems, but proving that your brain injury is causing these things is difficult. Sometimes, a person may have sleep problems and might feel tired frequently even before the accident. In such cases, an investigator may argue that the symptoms existed and have no relation to the injury.
It may be possible that:
- Doctors may not agree with you.
- Missing records show treatment gaps.
- Limited information about the accident.
These make the mild injury cases even more complex and difficult to prove.
Calculating the comprehensive loss
When it is not clear whether an accident or brain injury causes significant changes in your life, calculating the overall losses for a claim becomes difficult.
The losses may include:
- Lost wage
- Medical expenses
- Reduced ability to work
- Future care costs for additional treatment
In some cases, even the doctors do not provide proper guidance on the recovery timeline as well as related expenses. So, calculating the claim amount becomes difficult.
Keeping clear records of the injury
The claim process for a mild injury is complex. But there is one thing that can help you deal with challenges and make the overall process smooth. And that is proper records. When you maintain proper records, it helps you respond to the claim investigator’s arguments. They may support your explanation regarding the symptoms, treatments, emotional distress, as well as financial losses.
Some useful records include:
- Medical reports
- Test results
- Dates of doctor visits and treatment.
- Notes about headaches, memory problems, and other symptoms.
- Work records showing missed days or reduced hours.
- Bills for medical care and related expenses.
- Notes from family members about changes in daily habits and behavior.
Also, one of the important things to follow here is your treatment. Timely visits to your doctor and following the advice will show that your condition is serious and that you are making efforts to improve it. In addition, you will have documents of each visit to showcase during your claim process.
Looking beyond the word “mild”
The brain injury that is referred to as mild may have a significant impact on a person’s life. It may be that the injury has made a significant impact on a person’s daily routine, work life and health. When experiencing problems proving damages in a traumatic brain injury case, a person may seek professional help. A lawyer can guide you on how things work. They can even review the whole situation and evidence, and help you with things like the communication process, settlement offer negotiation, and acceptance.
This content is provided for informational purposes only and is not a substitute for professional advice. AFP editorial staff were not involved in the creation of this content.
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