Brain Injury

Brain injury claims are common, but not straightforward. Many crashes and accidents result in a jarring of the brain. The brain is injured when it moves suddenly and forcefully within the confines of the boney skull. This sudden movement is common when force is applied to one's head or upper torso. The brain will bounce from side to side or front to back, depending on the site of the impact. Brain injury can and frequently does occur without loss of consciousness. It is well documented that whiplash alone, without the head striking anything, can cause what is known as a mild traumatic brain injury, abbreviated as mTBI. These claims are sometimes difficult to prove because imaging studies, such as MRI and CT scans, are usually negative. While specialized scans, such fMRI, diffusion tensor imaging (DTI) and neuroquant can detect a mTBI, they are expensive and not available in most hospital emergency rooms. A brain injury claim is usually associated with headaches, blurred vision, dizziness, loss of memory, vertigo, eye pain, sensitivity to light or sound and ringing in the ears. Other symptoms can include depression, disrupted sleep, anger or emotional lability, and difficulty multitasking. Many times, the victim of a mild brain injury will not be aware of the degree of disability until he or she returns to work, when it becomes apparent to co-workers that the injured victim is struggling to accomplish routine tasks. Family members can also identify these injuries. A mTBI case can be very challenging when the person lives alone and/or works alone, or from home. These circumstances greatly reduce the likelihood of observant witnesses to support the claim. Moderate and severe brain injuries are sometimes less challenging to establish because by definition, those injuries almost always include loss of consciousness and findings on routine MRI or CT scans, such as brain bleeds or a fractured skull. But even severe injuries require good liability and significant insurance coverage for a successful recovery. Northern Virginia personal injury attorney Jeremy Flachs can represent you and secure fair and just compensation, including medical bills, lost wages and compensation for pain, suffering and permanent injury if you have suffered a brain injury.