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Why people struggle to get compensation for serious brain injuries

On Behalf of | Dec 13, 2022 | Car Accidents

The force involved in a motor vehicle collision can easily produce major injuries to vehicle occupants. People may suffer blunt force trauma or violent motions that can lead to broken bones, spinal cord injuries and amputations. Traumatic brain injuries (TBIs) are also common in high-speed, injurious car crashes.

Brain injuries are among the most expensive kinds of medical consequences that someone could suffer in a car crash. Unlike other common traumatic injuries, brain injuries can be difficult to secure compensation for whether someone files an insurance claim or a personal injury lawsuit.

Brain injuries are inherently unique

Conclusively proving that someone has a broken bone or damage to their spinal cord is not that difficult. Modern imaging tests can show the internal condition of someone’s body and quickly convince insurance adjusters or jurors that someone has a verifiable injury.

Imaging tests of the brain don’t always show conclusive proof of a traumatic brain injury. Issues ranging from the placement of the injury to an individual’s unique neurology may make conclusively showing the damage to their brain difficult.

Additionally, the symptoms that manifest from the injury will vary drastically from one case to another, making it difficult to conclusively connect symptoms like sleep disruptions or issues with fine motor function to a car crash.

Symptoms are often somewhat subjective

Even when there are imaging tests that show bleeding on your brain and medical records of lengthy hospitalization after a crash, there may still be questions about whether you have lingering symptoms that continue to affect your daily life. Especially when symptoms involve personality, memory or someone’s mood, someone’s experience of lingering symptoms can be very difficult to prove to others.

Delays between injury and diagnosis raise questions

It is common for people to not realize they have a brain injury immediately after a car crash. They might go a day or longer without seeking appropriate medical evaluation. A big gap between the date of the crash and the day of someone’s diagnosis will complicate an insurance claim or civil lawsuit.

Recognizing why brain injury claims and lawsuits can be particularly challenging after a Nevada car crash can help those hoping to recover the financial compensation for their losses.