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Personal Injury

Traumatic Brain Injury

Cases involving a traumatic brain injury can be among the most challenging personal injury claims. Unlike those with broken bones or torn muscles or ligaments, many traumatic brain injuries do not involve “objective evidence” of injury that might show up on an MRI. Diagnosis can be made solely based on “subjective” symptoms. Whether or not there is objective evidence of injury or only subjective evidence, brain injury cases can involve a constellation of problems that can forever change a person’s life and cause incredible financial difficulties.

Unfortunately, insurance companies frequently argue that an injured person exaggerates or fabricates a condition because there is no “objective evidence” of an injury. This is despite clear neurological evidence that many traumatic brain injuries do not appear on MRIs or other diagnostic tests. Maginnis Howard’s experienced attorneys handle traumatic brain injury cases and can assist you with refuting the baseless claims of the insurance company.

Mild Traumatic Brain Injuries

A mild traumatic brain injury typically involves (1) a brief loss of consciousness or alteration in mental state and (2) neurological deficits. These deficits often include cognitive and behavioral changes. Folks with mild traumatic brain injuries might also experience headaches, dizziness, fatigue, sensitivity to light, sensitivity to sound, emotional changes, nausea, and a variety of other symptoms. Mild traumatic brain injuries are frequently diagnosed through neuropsychological testing. A speech pathologist may also be involved. MRIs and CT scans are often not sensitive enough to see any physical changes in the brain. Diagnosis must be made based on subjective complaints and observations of behavioral and cognitive changes by friends and family. The symptoms often gradually lessen over time and usually resolve within one year. Sometimes, however, the symptoms can be permanent.

Moderate and Severe Traumatic Brain Injuries

Moderate and severe TBIs can involve similar difficulties to mild TBIs, but the symptoms may last longer or be more pronounced. They may also worsen over time. In many cases, there is objective evidence of injury on MRIs. Moderate and severe TBIs also differ from mild TBIs in that there is typically a more prolonged loss of consciousness or period of amnesia.

Whether you have sustained a mild, moderate, or severe traumatic brain injury, our attorneys are here for you. We will work with neuropsychologists, economists, vocational rehabilitation professionals, and your doctors to determine the full extent of your personal and economic damages and will advocate aggressively for your rights.

Damages Recoverable

In traumatic brain injury cases, various types of damages are available to you. The goal of the law is to make you financially “whole” as much as possible. Recoverable damages include compensation for past and future medical expenses, lost wages, pain and suffering, scarring, and disability.

Free Consultations

Maginnis Howard provides free consultations for personal injury cases involving traumatic brain injuries. We will travel to meet with you if your injuries have left you disabled. We also offer a contingency fee agreement, where you pay no attorneys’ fees unless and until we recover a verdict or settlement on your behalf. To set up a consultation or to speak with an attorney over the phone, visit our contact page.