The Most Overlooked Injury in Auto and Trucking Crashes

Having practiced in the area of personal injury law in Indiana for over 35 years, I have seen one injury that is typically missed by a lot of attorneys. The symptoms can be subtle, but persistent and can have profound effects for the injured down the road. You must have patience and persistent to fully ascertain this injury and get treated with the right doctors and medical professionals that understand this injury and its effects. What is this injury? It is a TBI or a traumatic brain injury.

What is the medical definition of a TBI? TBI is defined as an alteration in brain function, or other evidence of brain pathology, caused by external force. Alteration in brain function is defined as one of the following clinical signs: 1) any period of loss of consciousness or a decreased loss of consciousness; 2) Any loss of memory for events immediately before or after an injury; 3) neurological deficits such as weakness, loss of balance, change in vision, sensory loss, dizziness, headaches: 4) Any alteration in mental state at the time of injury (confusion, disorientation, slowed thinking). There can be subtle changes in attention, memory, cognitive functioning, speech and language and personality. These wide ranging physical and psychological effects may appear immediately after a crash or appear days or weeks later. One can have normal testing from a CAT Scan and still have a TBI. A TBI can be caused by blow to the head or even a jolt to the head. The brain hitting the sides of the skull in an hyper-extension and hyper-flexion movement can cause a TBI. A concussion can be a sign of a TBI also. Post-concussive symptoms must be monitored for months to see if they subside or continue. A personal injury lawyer cannot be in a rush to settle these TBI cases.

Often a person with a TBI experiences changes in their thinking skills. There can be problems with memory, reasoning, judgment, concentration that were not there before. A person with a TBI can have communication problems including difficulty understanding speech or writing, inability to organize thoughts and ideas, difficulty in speaking or writing and trouble engaging in conversation.  There can be behavior and emotional changes including personality changes, difficulty in self-control, mood swings, anger, depression and irritability. There can be sensory changes including persistent ringing in the ears, trouble with balance or dizziness, double vision and impaired eye-hand coordination.

Countless people suffer these injuries from automobile and trucking crashes and may not even know it. An experienced personal injury must look for these symptoms and get his client the right medical treatment. Often these injuries can be permanent and cause life-changing alterations for the injured. If these are injuries are missed, this will significantly decrease the value of your personal injury claim. Insurance companies continue to downplay these injuries and question their validity. They do not want to pay the true value of these claims. If an attorney misses these injuries and is not trained to look for them, he or she is doing a serious disservice to their clients.

If you have been injured in an auto or truck crash and think you may have a TBI, it is important you see an experienced personal injury lawyer that is thoroughly familiar with these type of injuries and can fight for fair compensation. At Rowe Law Offices, we know the devastating effects a TBI can have on you and your family. Please call Rowe Law Offices if you have been in an accident and think you may have a TBI so that we help you get a fair and reasonable compensation for your injuries.

5 Things You Must Do if You Are in An Auto Accident in Florida

  • Call police-It is important that the police come out and document the accident and do a report. Do not be fooled into just exchanging information as often the at-fault driver will change his story later to benefit him or her and the insurance company. The officer will document contributing factors to an accident, and the other driver is usually more truthful with the officer at the scene then he or she will be days later. The officer can also talk to important witnesses of the accident that may be hard to track down later. The insurance company has less wiggle room when the investigating officer concludes that their insured was at fault. If you are injured, tell the officer and if necessary ask for an ambulance.
  • Take photographs and document all physical evidence at the scene– This can become very important in the future if the insurance company tries to say you are at fault. Property damage photos of both vehicles and final resting places after impact are important to document. Also take photos of any other evidence at the scene such as tire marks, damaged signs, and debris. If you are in shock and not physically able to do this, it is always a good idea to call a friend or relative to come to the scene and assist you. If the case gets into litigation, this can be critical evidence in proving fault and even damages to a jury.
  • Seek Medical Attention Immediately- Do not delay. In Florida to qualify for PIP (Personal Injury Protection Coverage) you must seek medical care within 14 days of the accident. Often you may feel worse days after the accident, so it is important to have a complete diagnosis of your injuries. This can also help you heal from your injuries and give you a better prognosis on your future health. If there are gaps in medical treatment, the insurance company will not think you are hurt or in pain enough to seek medical treatment, and it could affect the ultimate outcome of your case. There is no reason to delay seeing a doctor or going to a hospital. Let the medical professional determine the nature and extent of your injuries and your need for further medical treatment.
  • Contact your Insurance Company- You need to contact your insurance company immediately and tell them you were in accident even it was not your fault. Also check the declarations page of your policy to determine all coverages you have including medical payments coverage, uninsured motorist and underinsured motorist and PIP coverage. So often people think they have “full coverage” when they do not. It is also important to get insurance information from the other driver. However be careful not to give a statement to the insurance adjuster until you have a chance to talk to an attorney. Adjusters are trained to get you say things that may diminish your injuries and raise issues of fault. Do not sign anything either until you have sought legal advice. You do not want to release your claim prematurely.
  • Contact a Personal Injury Lawyer-it is very important to talk to a personal injury lawyer as soon as possible. Almost all personal injury lawyers will give you a free consultation so you know all of your legal rights. Insurance companies may offer you a few hundred dollars to try to get you to settle your case and sign a release. Do not fall for this tactic. When your injuries are in an acute phase, it is impossible to know the full extent of your injuries and your prognosis for the future. To settle quickly usually invites trouble as once you sign a release, the case is gone. A personal injury lawyer can advise you of the proper steps to take to make sure that you protect yourself and your right to compensation. At Rowe Law Offices, we represent the injured who are trying to put their lives together again. Call Rowe Law Offices for a free consultation to understand all your legal rights and what steps to take to navigate through your personal injury case.