Ever since the accident, you've been experiencing headaches, difficulty concentrating, memory lapses, or other neurological symptoms that weren't there before. Friends and family have noticed changes in your mood and behavior, yet your CT scan returned "normal." You're left wondering if you're imagining things—or if you're suffering from a mild traumatic brain injury that keeps you from working and paying your bills.
At the Law Office of Matthew A. Lathrop, we understand that you are suffering. Many Nebraska residents with mild traumatic brain injuries (mTBIs) struggle to have their injuries recognized, properly diagnosed, and fairly compensated. Our Nebraska personal injury lawyer may help you gather the medical evidence, such as advanced neuroimaging, needed to substantiate your claim and fight for the compensation you deserve.
5 Types of Evidence That Support Your Mild TBI Claim
A mild traumatic brain injury might not show up on standard imaging, but that doesn't mean it can't be proven. Here are the essential forms of evidence that can make a significant difference in an mTBI case:
1. Advanced Neuroimaging Techniques
Standard CT scans and MRIs often miss subtle brain changes caused by mild TBIs. That's why specialized neuroimaging techniques are invaluable for revealing injuries invisible to conventional imaging.
- Diffusion Tensor Imaging (DTI): A diffusion tensor imaging test measures the movement of water molecules, helping to identify damage to the brain's white matter. This technology can detect microscopic injuries that traditional scans might miss.
- Functional MRI (fMRI): An fMRI measures brain activity by detecting changes in blood flow, revealing how the brain functions during specific tasks. Abnormal patterns can indicate injury, even when structural imaging appears normal.
- Positron Emission Tomography (PET): PET scans use radioactive tracers to measure brain metabolism and can identify areas with reduced activity potentially linked to traumatic injury.
These advanced imaging techniques provide compelling visual evidence of brain injuries that might otherwise remain invisible, significantly strengthening your legal claim.
2. Comprehensive Neuropsychological Testing
Neuropsychological assessments evaluate how your brain processes information and identify deficits in cognition, attention, memory, and other functions affected by brain injury.
These assessments typically involve extensive testing over several hours, evaluating various cognitive domains like attention span, information processing speed, verbal and visual memory, problem-solving abilities, and emotional functioning.
The results create a detailed cognitive profile demonstrating significant changes from your pre-injury baseline. The pattern of deficits revealed often aligns with the location and type of brain injury sustained.
Notably, these tests include validity measures designed to detect exaggeration or malingering, making them compelling evidence of genuine impairment when administered by qualified professionals.
3. Medical Documentation of Immediate Symptoms
Documentation of your symptoms immediately following injury provides crucial timeline evidence linking your trauma to your brain injury.
Medical records should note any loss of consciousness, disorientation, confusion, or memory gaps around the time of injury. Emergency room notes documenting symptoms like headache, nausea, vomiting, balance problems, or vision changes strengthen the connection between the traumatic event and your brain injury.
Follow-up appointments showing persistent or evolving symptoms over time help establish the chronic nature of your injury. This progression of symptoms documented by health care providers creates a compelling picture of how the injury has affected your life.
Even seemingly minor observations in your medical records can provide critical support for your claim, which is why seeking immediate medical attention after any potential head injury is essential.
4. Expert Medical Testimony
Expert witnesses can translate complex medical information into understandable terms for judges and juries, significantly strengthening your case.
Neurologists can explain how trauma physically affects brain tissue and function, while neuropsychologists interpret cognitive testing results to demonstrate functional impairments resulting from your injury.
Vocational specialists can testify how your cognitive limitations affect your ability to work and earn income, supporting claims for lost wages and diminished earning capacity.
These experts help establish causation by explaining how your symptoms directly result from the traumatic incident rather than other factors.
5. Personal Impact Documentation
While medical evidence forms the foundation of your case, documenting the real-world effects of your injury provides essential context for understanding its true impact.
Daily journals tracking your symptoms, challenges, and treatments create a detailed record of how the injury affects your everyday life. Statements from family members, coworkers, or friends describing observed changes in your behavior, mood, or abilities can corroborate your reported symptoms.
Before-and-after evidence, such as work performance reviews or academic records showing changes following your injury, objectively demonstrate cognitive decline. Employment records documenting missed work, accommodations needed, or position changes resulting from your injury help quantify its professional impact.
This personal documentation complements clinical evidence by illustrating how neuroimaging and other medical findings translate into fundamental limitations and suffering in your daily life.
How a Nebraska Personal Injury Attorney Builds Your Mild TBI Case
Successfully proving a mild traumatic brain injury requires a strategic approach to evidence collection and presentation.
At the Law Office of Matthew A. Lathrop, PC, we understand that insurance companies often downplay mild TBIs due to their invisible nature, claiming your symptoms are exaggerated or unrelated to the accident. Our Nebraska personal injury law firm counters these tactics by assembling a comprehensive evidence package that establishes your injury's existence and connection to the traumatic event.
