KJ McElrath  |  May 1, 2019

Category: Legal News

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Young man with a concussion in a doctors officeIf you or a family member has suffered a traumatic brain injury (TBI) in Nashville, there are a number of things you need to know. Brain injuries can be complex to diagnose, and recovery can take months, if not years.

Most importantly, however, treatment and recovery can cost tens of thousands to millions of dollars – and insurance companies regularly challenge such claims.

It is important to have expert legal representation and to arm yourself with knowledge before taking on an insurance company over a TBI claim. Below are answers to some of the more commonly asked questions about traumatic brain injury.

What is Traumatic Brain Injury?

TBI is defined as any impact to the brain that results in lesions on the brain tissue. According to figures from the Centers for Disease Control, TBIs are a contributing factor in approximately one-third of all injury-related deaths in the U.S.

Contrary to common belief, most TBIs are the result of slip and fall accidents rather than vehicle mishaps; most victims are the very young (under age 5) and the very old (75 or over). Another common cause of TBI is whiplash. Injuries to the brain itself can include bruising, neurological damage, tearing of brain tissue and swelling.

How Do I Know if I Have a TBI?

Diagnosis of TBI is tricky and can require sophisticated medical tests, as symptoms of TBI are not always immediately apparent. There are a number of misconceptions about TBIs. For example, many people believe that TBI is always accompanied by loss of consciousness.

The truth is that a significant number of traumatic brain injury victims can function normally for some time before symptoms appear. Furthermore, these injuries may not always show up in medical tests, and can present different symptoms. Among these are

  • blurred vision
  • confusion
  • dizziness
  • headache
  • narcolepsy or unusual fatigue
  • speech difficulties

What is a Concussion?

Concussion is a milder form of TBI, usually resulting from a fall, a vehicle accident or a sports accident. This is literally bruising of the brain, and although not as serious as many other TBIs, a concussion can result in serious long-term damage if not treated right away.

Bruising can result in brain swelling, which can impair blood and oxygen flow, so it is vital to be examined by a physician as soon as possible following a concussion.

Why Do Insurance Companies Challenge TBI Claims?

Insurers will often challenge a TBI claim when a victim’s symptoms are not immediately apparent, or when medical tests fail to show damage to the brain. They can also fight a claim when the victim does not remember the events surrounding the injury, as is frequently the case.

It is important to keep careful records and document everything, including symptoms you may be experiencing, any treatments or therapies, effects on your ability to function, and all medical expenses. Whenever possible, have photographs (including x-rays and MRIs) and the circumstances that led to the traumatic brain injury experience in question.

If you or a loved one was injured, looking for an attorney during this time only adds to the stress you are already facing. If you live in the greater Nashville area, we at Top Class Actions recommend the experienced personal injury attorneys at Whitfield Bryson & Mason. Fill out the FREE form on this page for more information.

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This article is not legal advice. It is presented
for informational purposes only.

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