Understanding Delayed-Onset TBI Symptoms
Traumatic brain injuries (TBIs) can be serious and may have long-term effects on the sufferer. However, not all TBIs have immediate or obvious symptoms. Sometimes, these injuries have a delayed onset and go undiagnosed.
If you were in an accident and suffered a TBI, you may be able to seek compensation for your medical care and other damages from an at-fault party. A delayed onset of symptoms can make your claim more challenging, but a Washington brain injury lawyer can help build your case.
Brain injury causes and symptoms
Traumatic brain injuries result from sudden or violent jolts or blows to the head. They can cause both temporary and permanent loss of brain function. Some of the most common causes of TBIs include motor vehicle accidents, falls, and sports injuries.
Symptoms of a TBI are classified as mild, moderate, or severe, but even “mild” injuries can have side effects that can disrupt your life. According to the Mayo Clinic, signs of a brain injury, even serious TBIs, can be delayed for days or weeks after they occur. Some symptoms may be difficult to spot, especially in children.
At the time of injury, mild TBIs may involve brief loss of consciousness or altered mental state. Other symptoms include headache, nausea, dizziness, fatigue, speech problems, blurred vision, sensitivity to light and sound, mood changes, depression, and trouble concentrating.
Moderate to severe TBIs can cause you to lose consciousness for several minutes to several hours. The most serious injuries can result in a coma or other consciousness disorders. Other symptoms include persistent headache, persistent nausea, repeated vomiting, dilation of the pupils, loss of coordination, profound confusion, and slurred speech.
If you experience TBI symptoms after an accident involving a blow to the head, see a doctor immediately, even if it has been weeks since it occurred. Additionally, consider consulting with a brain injury lawyer about your legal options.
Why do some TBIs go undiagnosed?
According to the medical journal Concussion, there is increasing evidence that TBIs can be present with no outward symptoms. The damage from these injuries can accumulate over time, leading to later impairments. Some concussion/mild TBI patients experience persistent symptoms or measurable cognitive effects months later.
When there are no visible signs of a TBI, a doctor can fail to diagnose it. Mild TBIs may not appear on standard imaging, and diagnosis is often clinical; biomarker blood tests are not routinely used in all settings and have limited indications. Because early treatment for head injuries is critical, a delayed diagnosis and delayed medical care can increase the risk of long-term brain damage and the resulting side effects.
You can seek compensation for a brain injury
If your TBI was caused by someone else’s negligence, such as the actions of an at-fault driver, you can seek compensation for your medical care and other related expenses. Damages may include:
- Doctor visits
- Hospital stays
- Diagnostic testing and laboratory services
- Physical therapy and rehabilitation
- Medications
- Lost wages, benefits, and earnings
- Lost future earning capacity
- Physical, mental, and emotional pain and suffering
- Reduced quality of life
Ensuring you pursue fair compensation is essential because TBIs can require ongoing care. You need to recover a large enough settlement or verdict to prevent you from paying out of pocket for medical treatment if you have long-term side effects.
A brain injury lawyer can help you identify and recover all of your losses.
If your loved one’s delayed-onset TBI resulted in their death, an attorney can help you seek compensation for their wrongful death. These damages cannot bring back what you have lost, but they can give your family a measure of justice and financial protection while you grieve.
A delayed onset of symptoms can complicate a TBI claim
The delayed onset of TBI symptoms can make your personal injury case harder to prove.
Insurance companies and opposing attorneys will be looking for reasons to deny your claim or reduce your settlement as much as possible. They may point to delayed symptoms and a delayed diagnosis and claim your injury is not as severe as you say or did not occur during the accident in question.
Insurers may also attempt to deny your claim based on insufficient medical evidence if the delayed onset of your TBI resulted in delayed or inadequate medical treatment.
Additionally, your delayed diagnosis may have made your injury worse. Your claim may be more extensive because of this. The larger your potential settlement, the harder the insurance company is likely to fight it.
How can a brain injury attorney help with your case?
A brain injury lawyer can help you prove you sustained a TBI, connect it to your accident, and show that the underlying cause was another party’s careless or wrongful actions. To do this, your legal team will use evidence, which may include:
- Medical records
- Medical and scientific research about delayed-onset TBIs
- Police reports or accident reports
- Eyewitness testimony about your accident
- Eyewitness statements about your TBI symptoms and how they affect you
- Testimony from medical professionals and other case experts
An attorney can also handle negotiations with the insurance company and opposing parties. Their job is to represent your best interests and fight for the maximum compensation possible.
You may have an extended amount of time to take legal action
According to RCW 4.16.080(2), you typically have three years to file most personal injury cases. There is a legal “discovery rule” that could extend the statute of limitations for delayed-onset TBI lawsuits.
In some cases, Washington’s discovery rule may delay accrual until you knew or reasonably should have known of the injury and its likely cause, but this is fact-specific. A brain injury lawyer can tell you more about how this could apply to your case and help you get started before time runs out.
Contact Smith McBroom Injury and Accident Lawyers today
In your most challenging moments, Smith McBroom is here to fight for you. We help injury victims in Washington secure the resources they need to protect their health and futures. Our legal team is dedicated to treating clients with compassion and respect, and we advocate for them like we would our own family.
A brain injury lawyer with our firm can help you build your claim and prove that you deserve compensation for a delayed-onset TBI. Contact us today for a free case evaluation.