Approximately 1.5 million Americans suffer a traumatic brain injury (TBI) every year, including many concussions, as reported by the CDC. Following an accident caused by another party’s negligence, distinguishing between a concussion, TBI, and a so-called “mild” brain injury is crucial for proper diagnosis and treatment, as these injuries vary significantly in severity and long-term effects. Keep reading to learn more about these conditions and how our dedicated Harrison Personal Injury Attorneys can help you navigate your legal options if negligence caused your brain injury in New York.
Is Accurate Brain Injury Terminology the Key to a Successful NY Personal Injury Claim?
In New York accident cases, terms like “concussion,” “TBI,” or “mild brain injury” are frequently used interchangeably, but their documentation dramatically impacts your claim’s value. Insurers often exploit “mild” diagnoses to downplay the severity of your condition. It is important to keep in mind that adjusters do not have your best interest at heart.
Even a “mild” brain injury can result in long-term repercussions, including persistent discomfort, cognitive deficits, affective disturbances, and occupational limitations. Understanding the disparity between clinical diagnoses and the actual consequences of your symptoms is vital when disputing claims adjusters’ attempts to diminish the full scope of your economic and non-economic damages.
What is the Difference Between a Concussion, TBI, and “Mild” Brain Injury?
Suffering a traumatic brain injury essentially means that your normal brain function has been altered by something outside, like a bump, jolt, or even something piercing through your skull. TBI is an umbrella term, covering everything from a minor concussion to really serious, permanent damage. TBIs are usually sorted into mild, moderate, or severe based on things like whether you passed out, how confused you were, or if you had memory loss right after it happened. However, this only tells us the severity of the initial hit, not how bad the long-term stuff will be. Even a “mild” injury can seriously disrupt your life for a long time.
A concussion is simply a mild TBI, resulting from your head getting hit or shaken. It causes chemical shifts and possibly some cell damage, even if regular tests don’t show anything weird at first. You might feel symptoms like headaches, dizziness, confusion, or being extra sensitive to light/noise, and have memory issues immediately, or they might pop up a few days later.
The “mild” part only refers to the first measurements, not the lasting impact of your injury. Most folks diagnosed with a mild TBI deal with ongoing migraines, trouble thinking, mood swings, and fatigue for a good while. These lingering issues are crucial for proving damages in a New York personal injury claim.
How Can an Attorney Help?
A Harrison personal injury at Hausman & Pendzick is equipped to translate complex medical terms into clear legal arguments for liability and damages. Our legal team can secure records and present symptoms effectively.
Unfortunately, insurers typically undervalue “concussions” and “mild TBI” cases. A skilled attorney can fight efforts to minimize the claim, utilize experts, and ensure settlements reflect your current and future needs, safeguarding your financial security. Connect with our firm today to arrange a consultation.