Settling mTBI Claims: How Soon is Too Soon?
I’m Mike Hackard with Hackard Law, and I’m here to talk about a crucial issue that affects many people who have suffered a mild traumatic brain injury (mTBI) – the timing of settling their claims.
And just to note here, concussion and mild traumatic brain injury are often used interchangeably. Recent advances in brain imaging and neuropathology have significantly changed our understanding of mTBI. We now know that even what was once considered a minor head injury, like those suffered in sports like boxing, martial arts, football, and rugby, can have serious and long-lasting consequences.
Moreover, studies show that a significant number of mTBIs occur in auto accidents, and unfortunately, only about half of these injuries are initially diagnosed by medical providers. This can be due to the fact that the more obvious injuries, like broken bones, often take priority, and the fact that early imaging tests may not always show the signs of an mTBI.
For injury victims and their attorneys, the question of how quickly to settle an mTBI claim is a critical one. Mild traumatic brain injury victims often deny or minimize their symptoms, not because they are lying, but because the injury itself can affect their motivation and decision-making. Lapses in treatment are also common, and it can be challenging for the victim to communicate what they are feeling, even if they know something is not quite right.
Given new breakthroughs in the detection of mTBI, it is extremely important not to settle an accident case too early if there is a strong possibility of an mTBI. We now understand that the ramifications of an mTBI can be lifelong, unlike the old belief that “seeing stars” after a hit to the head was no big deal.
The way we approach these cases and pursue recovery must take these realities into account. If you or a loved one has likely suffered an mTBI due to the carelessness of others, please don’t hesitate to call us at Hackard Law: 916-313-3030. We’re here to help.
Hackard Law: Remember, it’s never just an accident.