What makes a brain injury (TBI) case so difficult to prove?
Brain injury cases are challenging because the injury itself is often invisible. Unlike a broken bone, a TBI may not show up clearly on a standard MRI or CT scan. Proving the extent of the injury relies on neuropsychological testing, expert medical testimony, and powerful testimony from family and friends about the changes in the victim’s personality, memory, and cognitive function. Our approach at Karns & Karns involves assembling a team of top medical experts to create a clear and compelling picture of the injury’s true, lifelong impact.
What is Post-Concussion Syndrome (PCS) and how does it affect my claim?
Post-Concussion Syndrome (PCS) is a condition where symptoms of a concussion (headaches, dizziness, cognitive issues) persist for weeks or months after the initial injury. It is key to your claim because it proves the injury resulted in long-term functional impairment, significantly increasing the value of non-economic damages.
What is the role of a neuropsychologist in a TBI lawsuit?
A neuropsychologist administers specialized tests to assess cognitive function (memory, attention, processing speed). Their testimony is critical in TBI lawsuits because they provide objective evidence of brain function impairment that often does not appear on standard MRI or CT scans.
What steps should I take if my treating doctor minimizes my brain injury symptoms?
If you believe your doctor is minimizing your TBI symptoms, you should seek a second opinion immediately from a neurologist or neuropsychologist specializing in accident-related injuries. Your attorney can help you find specialists who will provide the thorough documentation required for a strong legal claim.
What if my doctor is not taking my injury seriously or is refusing to help?
If your doctor is not taking your injury seriously, it can significantly impact your health and your case. It is a major red flag, and you should seek a second opinion from another medical professional immediately. Your attorney can help you find a doctor who will provide a proper diagnosis, develop an appropriate treatment plan, and provide the necessary documentation to support your claim.
How do you get a brain injury case to be taken seriously by an insurance company?
Insurance companies often dismiss a TBI claim if there are no visible injuries or fractures. Our approach at Karns & Karns is to build an unshakeable case by gathering detailed medical records, utilizing expert witnesses like neurologists, and showing the jury the most technically advanced brain imaging.
What is a "life care plan" and why is it important for my catastrophic injury case?
A life care plan is a comprehensive document created by medical and financial experts that outlines all the estimated medical and non-medical needs for a person with a catastrophic injury over their lifetime. It includes costs for future surgeries, medication, in-home care, assistive devices, and rehabilitation. This plan is one of the most important pieces of evidence for proving future damages and ensuring a settlement or verdict truly covers all of a victim’s lifelong needs.
How are damages calculated in a severe burn injury case?
Severe burn injuries result in some of the highest damage awards because they require extensive and painful treatment over a lifetime. Damages include costs for emergency care, multiple skin graft surgeries, infection control, physical therapy, and psychological counseling for the resulting trauma. Future damages are also critical, accounting for scar revision surgeries and the significant compensation for permanent disfigurement, scarring, and the associated pain and suffering.
How do I find the right doctor for my specific injury after an accident?
Finding the right doctor is crucial for both your recovery and your case. The best approach is to seek medical advice from a doctor who specializes in the type of injuries you sustained. For example, if you have a back injury, a back specialist who specializes in accident-related injuries may be the best choice. At Karns & Karns, we often work with our clients to help them find a medical professional who can provide both the necessary medical care and the detailed documentation required for a strong legal claim. This includes helping you find providers who will work on a medical lien basis.
Can I still file a TBI claim if my CT scan or MRI came back "normal"?
Yes. A normal CT or MRI scan is common in TBI cases, as these tests often cannot detect microscopic brain damage. Your attorney will focus on other forms of evidence, such as neurocognitive testing, the testimony of your doctors, and the testimony of your family.
What are the medical and legal distinctions between a concussion and a TBI?
A concussion is a mild form of TBI. Legally, any TBI claim requires proving long-term functional impairment. Even a mild TBI can cause permanent cognitive changes, requiring extensive documentation via neuropsychological testing and expert witness testimony to validate the claim.
What non-economic damages are recoverable for Post-Traumatic Stress Disorder (PTSD) after an accident?
Yes. PTSD and other emotional trauma are recoverable non-economic damages. Proving this requires consistent mental health treatment (therapy, counseling) documented by licensed professionals who can testify that the condition was a direct result of the defendant’s negligence.
What categories of loss are covered in a Life Care Plan for a spinal cord injury?
A Life Care Plan for a spinal cord injury must cover lifelong expenses, including modifications to the home and vehicle, durable medical equipment, periodic specialized medical treatment, and the cost of attendant care (nursing or home health aid).