A traumatic brain injury is not always obvious, even to physicians or the person who suffered the injury. The gap between what an injured person experiences and what shows up on a brain scan can be challenging to demonstrate to a Washington, D.C. jury.
An experienced personal injury attorney understands the symptoms that are difficult to recognize and the critical role of documentation in such cases. Meeting the burden of proof and strict statutory deadline require an immediate assessment of evidence and quick action.
Why Tracking and Documenting Injuries is Critical
The National Institute of Neurological Disorders and Stroke says typical symptoms of headache, fatigue, and dizziness commonly diminish over time, but are often replaced by emotional indicators like irritability and frustration that can surface weeks later.
Delayed presentation of TBI symptoms often mean that people don’t seek treatment, leading to claims that the injury cannot be linked directly to the precipitating incident.
Five TBI Symptoms That Are Commonly Overlooked
It is common for several categories of TBI symptoms to be dismissed, misattributed, or not connected to brain injury by patients or their families. These can include:
- Cognitive changes. Trouble finding words, difficulty concentrating, and short-term memory lapses are common symptoms of mild TBI. These can be subtle, therefore missed by patients and physicians, and misattributed to poor sleep, stress, or aging.
- Sleep disruption. Sleeping more than usual or being unable to sleep at all are common neurological disruptions that follow head trauma. These common issues are frequently overlooked after an accident.
- Personality and behavioral shifts. Impaired impulse control, disrupted emotional regulation, and erratic social behavior are disabling long-term consequences of TBI. These issues, along with unexplained aggression or apathy are often noticed by friends and family before the patient.
- Sensory changes. A persistent bad taste in the mouth, altered sense of smell, ringing in the ears, and blurred vision are potential symptoms of brain trauma that patients often fail to connect to TBI.
- Emotional symptoms. Anxiety, depression, and emotional volatility are often treated as mental health conditions unrelated to brain trauma. This misattribution can lead to delayed treatment and gaps in medical records.
Why Documentation is Critical in Personal Injury Cases in D.C.
Thorough, timely documentation of TBI symptoms is particularly critical if filing a personal injury case in Washington, D.C., where a three-year statute of limitations applies. The clock begins running when the injury is discovered or when it reasonably should have been discovered.
Washington, D.C. has a pure contributory negligence statute that requires the victim to be completely blameless for their own injury or they can be denied any financial recovery. Insurers often scrutinize the plaintiff’s medical history and conduct before the accident, suggesting the injuries were pre-existing, exaggerated, or unrelated to the accident. These arguments are more convincing if symptoms did not appear until weeks after the injury and were not immediately medically documented.
Build an evidentiary record by keeping a personal journal that records the appearance of each symptom, seeking immediate medical attention even for mild issues, and requesting a specialist evaluation such as MRI or neuropsychological testing. These establish a link between the symptoms and the injury.
What a Personal Injury Attorney Can Do
Samuel Martin, a personal injury attorney experienced in Washington D.C. courts, can help identify the symptoms of TBI that carry legal significance. He can arrange evaluations by appropriate medical experts and build a case that meets the District’s challenging contributory negligence standard. If you or a family member experienced a head injury in an accident in Washington, D.C., consulting an attorney promptly is essential. Call for a consultation today.