BLOWS TO THE HEAD, BLOWS TO JUSTICE: Exposing the TBI Crisis

Traumatic brain injuries (TBIs) are notorious for being invisible, making them easy to ignore, doubt, and even minimize. For instance, a concussion (mild TBI) can leave no scar, no limp, and even a clean CT scan, yet its effects can wreck one’s life. The mismatch between what appears from the outside and reality is what makes survivors of TBIs face skepticism from insurance companies, employers, and sometimes their own families.

If you or a loved one has suffered a head injury, keep reading. In this blog post, you are going to learn what TBIs are, how they happen, what victims typically endure, why getting justice is usually challenging, and how a personal injury attorney can help protect your rights in Virginia and Maryland. Read on so you (or someone you love) can understand how to get both the medical care and the legal advocacy you need to rebuild your life. 

Why TBIs are Called “Silent Injuries”

TBIs are often called “silent injuries” because the damage is not always visible on the outside. A person can actually walk away from an accident with no broken bones, feel fine, and everyone says, “Oh! What a miracle,” A few days later, the person then develops concentration problems, mood swings, and awful headaches. Unknown to the victim is that they might have suffered a traumatic brain injury.

Additionally, TBIs are often missed because when one checks into the ER, medical practitioners mainly focus on immediate life-threatening problems like bleeding or skull fractures that need surgery. Many TBIs, especially mild ones, do not appear on routine scans immediately and can be missed during the triage process. A delayed diagnosis can result in skepticism, leaving survivors struggling to document an injury that’s real but not obvious.

Common Causes of TBIs

TBIs can happen in several ways, including:

• Car accidents
• Falls
• Physical assaults
• Sports collisions
• Workplace injuries.

It is worth noting that a sudden stop that jerks the brain inside the skull, even without impact, can cause a TBI.

The key types of TBIs include:

• Concussion: This is a mild traumatic brain injury where a jolt or blow to the head temporarily disrupts brain function. Recovery can take months.
• Hematomas: This refers to bleeding inside and around the brain that can cause pressure and require urgent surgery.
• Contusions: This is a localized brain bruising that may worsen over time if not promptly addressed.
• Diffuse axonal injury (DAI): This is shearing damage to white matter fibers from rapid rotation or deceleration. It is common in high-speed crashes.
• Skull fractures: A fracture happens when bones that make up the skull break or crack.
• Chronic Traumatic Encephalopathy (CTE): This refers to a degenerative condition linked to repeated head trauma; it develops over the years and can bring cognitive decline and mood disorders.

The Real-Life Impact of TBIs

Traumatic brain injuries can affect the survivor’s thinking, emotions, and physical functioning. Survivors often report experiencing repeat memory loss, difficulty multitasking, mood swings, depression, anxiety, slowed processing, and chronic pain.

This can disrupt work, schooling, parenting, and social life. Additionally, rehabilitation can be a lengthy and expensive process.

Why Getting Justice is So Hard for TBI Victims

The process of getting justice after suffering a TBI due to someone else’s negligence can be challenging for several reasons. Some of the key ones are highlighted below:

• Insurers and opposing parties often claim that the claimant is exaggerating their symptoms because their injury is invisible.
• Early documentation of the TBI may be missing if it was not detected and documented in the ER. This makes proving causation challenging.
• Linking the neurocognitive deficits directly can be hard, as this requires expert testing and testimony.
• Insurance providers often offer lowball settlements or delay payouts as a tactic to minimize overall payouts.

When Should You Consider Filing a TBI Lawsuit?

If another person’s negligence caused your head injury and the responsible party or their insurer refused fair compensation for your medical bills, lost wages, and pain and suffering, it may be time to file a lawsuit. A lawsuit can be especially crucial when you’re faced with loss of earning capacity, future long-term care, or a permanent cognitive impairment.

Time Limits for Filing a TBI Lawsuit in Virginia and Maryland

Like in any other lawsuit, time is of the essence when it comes to traumatic brain injury lawsuits. In Virginia, personal injury lawsuits, including claims for TBIs, must be filed within two years from the date of the injury as set out in Virginia Code § 8.01-243. In Maryland, you must file your personal injury lawsuit within three years from the date of the injury, as stipulated in Maryland Courts & Judicial Proceedings § 5-108.

It is worth noting that some injuries like TBIs are latent, and the discovery rule may delay when the clock starts. If you reasonably could not have discovered the injury earlier, the time limit may begin when the injury was discovered. Such exceptions can be complex, so it is best to consult with an attorney promptly to protect your rights to file a lawsuit. 

How a TBI Lawyer Can Help You

In addition to helping you file a lawsuit in time, an experienced lawyer can help you:

• Seek proper medical care, such as neuropsychological evaluations
• Gather and preserve evidence, including how the TBI impacts your daily life
• Negotiate with insurers so that you do not make statements that could be used against you
• With advice on the legal strategy
• Gather economic and vocational analysis to prove future losses.

We are Here to Help You

Traumatic brain injuries not only break skulls, but they can also shatter futures, too, and navigating the medical and legal processes can be complex. If you or a loved one suffered a head injury because of someone else’s negligence, you do not have to bear the burden alone. At The Law Office of Paul A. Samakow, P.C., our Virginia and Maryland personal injury attorneys are dedicated to helping TBI victims and their families hold the responsible parties accountable. We pursue every form of compensation available and make sure justice is served. Contact us today to schedule a consultation and discuss your case.