Traumatic brain injuries (TBIs), while normally associated with certain situations, can occur due to many different types of accidents or violence. However, due to the enduring perception of TBIs as injuries sustained in specific ways, with specific symptoms, many plaintiffs can encounter difficulties when seeking justifiable compensation for what they have suffered. A knowledgeable Ventura head injury lawyer may be able to assist in dispelling these myths in order to educate a jury.
#1. A TBI can only be sustained via blunt force trauma to the head. This is false. While this is indeed how many TBIs come about, in situations such as violent altercations or incidents on the sports field, it is also possible to sustain a TBI due to the brain bumping the inside of the skull. This can happen in multiple situations, but the most common is in an automobile accident. It is quite common for a person’s head to bounce forward even if their body is restrained by a seat belt, sustaining both whiplash (a soft tissue injury) and a potential TBI. If you think you have no case due to the nature of your injury, you are likely mistaken, and a reputable trial attorney law firm will likely tell you so.
#2. If someone looks good, with no visible signs of trauma, their injury is not severe. This is false, primarily because physical and cognitive injury are not analogous, nor are they necessarily simultaneous. This myth appears both at the scene of an accident and later on, such as in court, when a defense attorney may point to a plaintiff’s apparent physical health as proof that their injury was negligible. Cognitive injury may also trigger physical issues at a later date, such as sleep problems or vertigo, that may not be apparent immediately after an accident or in the courtroom.
#3. Recovery from a TBI, if possible, will be consistent and linear. This is absolutely false, though inconsistency in this regard may often be used against plaintiffs to accuse them of faking or acting. In reality, the brain is an extremely fragile organ, and every time it is taxed, it has the opportunity to change, improve, or regress to an earlier point in a recovery path. Many people’s recovery process will take place in a linear time frame – usually in the first two years or so following an accident – but it is not possible to generalize such a statement into applying to everyone.
Seek Experienced Legal Help
If you have been diagnosed with a TBI, it can be imperative to find the right trial attorney law firm to help you get the compensation you deserve. Ventura head accident lawyer Trevor Quirk and the Quirk Law Firm are knowledgeable on these cases, and will work with you to obtain the best possible result. Contact us today to set up an initial appointment.
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