Traumatic Brian Injury (“TBI”) is a contributing factor to an estimated 1/3 of all injury-related deaths in the United States. Every year, an estimated 1.5 million individuals sustain a TBI. Approximately 75% of these are classified as a “mild” traumatic brain injury involving concussion. Even mild traumatic brain injury (“MTBI”) is considered “traumatic” because it involves an insult to the brain. It is estimated that 10-20% of MTBI patients suffer unresolved, chronic post-concussive symptoms or post-concussive syndrome (PCS). These patients have been referred to as “the miserable minority.”
MTBI has been termed a “silent epidemic,” because, until recently, MTBI was often unnoticed, misdiagnosed or completely dismissed. While MTBI patients commonly exhibit no objective signs of physical injury, as CT and MRI scans do not detect MTBIs, the subjective symptoms, including chronic headaches, dizziness, short-term memory loss, impulsiveness, sleep disturbance, attention/concentration deficits, word retrieval problems, and sensitivity to light and noise have a profound effect on the patient’s life. These symptoms mean that MTBI victims often exhibit functional disabilities such as difficulty finding or sustaining jobs and maintaining personal relationships. Not only does MTBI effect the injured person dramatically, but it impacts that persons’ relationships with family, friends, and co-workers.
Unfortunately, when it comes to bringing claims on behalf of victims suffering MTBI, the absence of objective, correlating evidence creates profound difficulties establishing causation and assigning blame to the party at fault. As a result, MTBI plaintiffs are often left with little legal recourse, despite the magnitude of impact the injury has had on their lives. Moreover, without established treatment plans for MTBI patients by many traditional medical providers who misunderstand how to identify and treat such injuries, the defendants responsible for causing the harm are able to argue that the complained of problems are fictional, not caused by the defendants’ negligence, and that damages sought are, therefore, merely speculative.
Recent technological developments, the advancement of diagnostic testing, and the public and medical community’s increased recognition and understanding of MTBI, concussions and post-concussive syndrome, have all helped to expose MTBI as the serious medical condition it truly is. With continued advancements in diagnostic and treatment technologies and methodologies and the public’s increased awareness of unresolved concussion symptoms, MTBI plaintiffs have been given increased hope. It is now more possible than ever to establish that the symptoms are real and have a profound impact on the patient’s life. Accordingly, establishing causation required to hold the negligent party defendants accountable is becoming easier. As the medical community and the public continue to better understand that any injury to the brain, no matter how slight, may be “traumatic,” MTBI victims’ access to justice continues to improve.
When you or a loved one suffers a traumatic brain injury, a concussion, or post-concussive syndrome, you want and need serious, effective, seasoned, accomplished trial lawyers on your side who understand the science and medicine of your injury. You want lawyers who know how to and can communicate to insurance companies and a jury that the brain injury is real, permanent, and debilitating. You want lawyers who are also adept at being sensitive and compassionate to you and your loved ones’ needs in a time of duress, and even despair.
At Stampone O’Brien Dilsheimer Law we are those lawyers. Led by highly accomplished trial lawyers Joe Stampone, Kevin O’Brien, and J.B. Dilsheimer, we have what it takes to make sure traumatic brain injuries are handled expertly, aggressively, and sensitively. With the assistance of our skilled and trained staff, including our in-house medical doctor, we will make sure those who suffer the lasting effects of head injury, and their loved ones, are well taken care of in the courtroom and outside of it. We will competently and doggedly pursue those responsible for the harm to ensure maximum compensation to take care of you and your loved ones. For a free consultation, please contact us. From our family to yours we are here to help.