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Overlooked & Undercompensated: Traumatic Brain Injuries

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“Medical providers often check below the brain for spinal cord injuries after an accident, but these traumatic injuries often go undiagnosed, and uncompensated.”

According to the Centers for Disease Control and Prevention (CDC), traumatic brain injury (TBI) is a major cause of death and lifelong disability in the United States.  Car crashes are the second leading cause of TBIs, right after falls, which make up about half of traumatic brain injuries.  But unfortunately, TBIs are often missed, or diagnosed late, making them more easily defensible by insurance companies.

The signs of a traumatic brain injury may not be obvious immediately after a crash or fall. Although the symptoms of whiplash may be present, a doctor may not necessarily investigate further. If a medical provider fails to ask the proper questions, or do a thorough investigation, traumatic brain injury can be easily overlooked. On the other hand, symptoms of TBI may not present themselves until a much later date.  TBIs are more commonly missed in older adults, as symptoms often overlap with other conditions that are common in advanced age, such as dementia.  It’s crucial for healthcare providers to focus on more than just the overt injuries. This way, there are fewer chances of a missed TBI diagnosis, and victims can receive early treatment before symptoms worsen.

There are several types of TBIs that range from mild to severe, such as a concussion, brain contusion, or skull fracture.  A car accident can easily cause a concussion, as nearly any type of impact can cause someone to hit their head in the car.  Concussions, which are caused by a blow to the head, are marked by symptoms like headache, nausea, vomiting, ringing in the ears, and blurred vision.  But there are other symptoms that may not be as commonly related such as slurred speech, poor attention or concentration, irritability or emotional disturbances, difficulty reading or doing simple math, insomnia, depression, and confusion.

A brain contusion is a bruise on the brain.  The symptoms are similar to those of a concussion.  Many times, these heal on their own, but they may also lead to other issues such as a brain bleed or blood clot.

If an impact to the head is strong enough, the skull may fracture. This injury often accompanies other brain injuries, such as contusions and concussions. Symptoms of a skull fracture include bleeding from the ears or nose, bruising on the head, and swelling at the site of the impact.

Sometimes these closed-head injuries may not be visible on initial X-rays, CTs, or even MRI scans.  Diffusion tensor imaging (DTI) is a novel imaging technique that detects how water travels along the white matter tracts in the brain and is a common way to diagnose a TBI.  The DTI is designed to more accurately track brain abnormalities that arise after a TBI or concussion but is rarely used for emergency diagnosis.  Mild TBIs may require no treatment, while more moderate to severe TBIs may require medications, physical and neurocognitive therapies, or even surgery.

If you or a loved one may have suffered a traumatic brain injury, it is important to be screened and diagnosed by a neurologist, or a provider that specializes in TBI diagnosis and treatment, as quickly as possible.  Not only may the condition worsen, the longer you wait, the more difficult it will be to relate your diagnosis to your injury claim.  These claims are often strongly defended by the insurance companies, so it is important that you speak with an experienced legal representative.  Our experienced TBI attorneys at Legler, Murphy & Battaglia, LLP can help you get the care you need and compensation you are entitled to.

Vanessa Castro Viera
Vanessa Castro Viera
November 3, 2023
I had the privilege of working with Kelli Martinez as my personal injury attorney, and I can't express enough how grateful I am for her exceptional guidance and support throughout the entire process. From the moment I first contacted her to the conclusion of my case, Kelli demonstrated an unwavering commitment to ensuring my rights were protected and that I received the compensation I deserved. I highly recommend her to anyone seeking legal representation for personal injury cases.
Jen Wiradilaga (SWFL Horses)
Jen Wiradilaga (SWFL Horses)
October 19, 2023
I am so pleased with the service and care Mr. Murphy has shown. Always has time for a phone call , emailed questions are answered so quickly , it is refreshing. I had guidance every step of the way. My Case was settled quickly and effectively. Everyone that is in this off is is exceptional! Thank you so much
amanda reese
amanda reese
October 17, 2023
Mr. Murphy and his team were amazing to work with. In a stressful situation they were on top of making sure I understood my options and walking me through the process when I’d stress out. He fought to make sure I was fairly treated and not just another person swept under the rug and forgot about. I highly recommend him if you ever need and hope to have a timely resolution and team that is top notch.
Ana Maria Araujo
Ana Maria Araujo
October 12, 2023
I am very grateful to Ed Murphy for accepting my case against work compensation, otherwise I wouldn't have had another doctor for a second examination and I would have been at home without being able to work again. I am thankful for all the work Ed and his assistant Jessica have done in my case. I am very happy with the service, every time I called I was treated very nicely by the front desk staff, Kelly. Thanks
Carlene Overacker
Carlene Overacker
October 6, 2023
I highly recommend Mr. Murphy. He immediately responded to the issues I was having with my workers compensation case. He reached out to me in a timely manner. I was always able to get ahold of him via the phone and emails. I never felt rushed in our meetings and conversations. He was professional and courteous. I am very satisfied how quickly I received my settlement.
Erica Aghoian
Erica Aghoian
September 22, 2023
I highly recommend contacting Ed Murphy with your worker's compensation case. From day one he took the time to explain all aspects of the case, listened to my questions and concerns, and kept me up-to-date as the case progressed. I believe he was able to achieve the best possible outcome with my case, and I couldn't be happier to have worked with him. I had never hired an attorney before, but he immediately put me at ease and had my trust. Great experience from start to finish!
Patricia Lara
Patricia Lara
September 12, 2023
I can't say enough how much help Ed Murphy was during such a difficult situation. From day one he was understanding and made us feel at ease. He helped us achieve the most positive out come in our law suit with workers comp. If you ever need assistance I highly recommend contacting Ed Murphy!
Trust Cleaning Inc
Trust Cleaning Inc
August 15, 2023
This message is for anyone who needs a good lawyer, I recommend Ed Murphy because he is a professional and patient person, he fights until the end of his case or any type of case, I recommend him to everyone 100% . there is no other attorney like ed murphy i just have to say thank you so much for helping me with my accident case.

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