A brain injury that results from a bicycle crash can sometimes be invisible — no outward cuts, scrapes, or bruises — but that doesn’t mean there isn’t damage. In fact, these injuries can have wide ranging symptoms which can make them difficult to diagnose and treat.
“Every brain injury is unique and brings with it different effects, from physical to cognitive to behavioral. Some brain injury-related outcomes are readily seen by the outside world, such as mobility impairments,” says the Brain Injury Association of America, which works to improve the quality of life of people affected by a brain injury. “Other lasting impacts, however, are only felt by the survivors themselves. In these cases, the individual is said to have an ‘invisible disability.’”
Proving these injuries and how they affect daily life is important for cases that involve a TBI resulting from a crash. Being able to show how the crash has negatively impacted the plaintiff’s health, finances, and their overall quality of life can help secure the resources necessary to recover the costs associated.
How do we show evidence of something that can oftentimes seem invisible? Thankfully, there are a variety of things we can do to show evidence of a brain injury. These include brain imaging, expert opinion, and lay witness testimony, which can all help to verify the consequences of the crash and subsequent brain injury.
READ MORE: Cycling and Head Injuries: What Is a Traumatic Brain Injury?
Medical evidence & specialized imaging
Brain injuries can happen in an instant, but symptoms can linger for much longer. When a cyclist has hit their head in a crash, it’s important to have it checked out immediately. The National Institutes for Health notes that a TBI diagnosis is best documented within 24 hours of injury.
To diagnose those injuries, health care clinicians utilize a variety of tools, including screenings, imaging, and physical exams.
Neuroimaging “plays an essential role in identifying patients with a brain (intracranial) injury, both acute injuries and, in some cases, injuries with persistent symptoms,” states the National Academies of Sciences, Engineering, and Medicine.
CT scans and MRI scans are among the most common, although there are also diffuse tensor imaging (DTI) and positron emission tomography (PET) scans. Some of these types of scans may be less accessible to some patients. It is important to discuss different neuroimaging with your health care providers and attorneys to determine which scans may be able to show the damage caused by your TBI.
CT scans are a big help in TBI cases because this imaging can detect trauma-related fractures, hemorrhage, fluid collection, tissue swelling, and most foreign bodies. In some cases, MRI imaging is required – especially because somebody with moderate TBI could show a clean bill of health on a CT scan.
MRI scans are highly sensitive. They can identify “hemorrhagic axonal injury and small contusions and have been shown to identify these lesions in patients with normal CT scans,” researchers say.
In court, all of these scans may help prove a brain injury because they can show evidence of the damage experienced by the plaintiff. Not every person will receive brain imagery scans, especially when the TBI is thought to be mild, or the person with TBI isn’t expected to encounter further complications.
Using physical exams and imaging in addition to expert opinion and testimony often makes for a stronger case.
Testimony
Some people who experience a brain injury may lose consciousness, which is one of the ways in which the severity of a TBI is determined. However, many people do not lose consciousness, and it is important to note that they may still have sustained a TBI. Contact your healthcare provider if you are experiencing any of the symptoms of a mild TBI after a crash, such as changes in sleep, mood, behavior and more.
Testimony of both lay witnesses and experts can play a critical role in proving a TBI in many of these cases. Interviews with family members or others close to the plaintiff may provide insight into the extent of their injury and how it has impacted their life. Lay witness testimony can help paint a clearer picture of the consequences of a crash by providing a baseline account of how the plaintiff was prior to their injury. They can show how the injury has effected the person’s life which can have a powerful effect on the outcome of the case.
During a personal injury case, testimony from clinicians and experts may also be beneficial. This can help build upon what the exam and imaging shows, especially in more complex cases. They may be able to offer additional insight and expertise.
Documentation
Having evidence is crucial to a case after a bicycle crash, especially when it comes to a brain injury. It’s common for defendants, their counsel, and insurance companies to dismiss a plaintiff’s experience, sometimes even labeling them as faking their injury. This happens even when there is research that shows the extent of symptoms that can be attributed to a brain injury and the lasting effect they can have.
From the very first moments after the crash, it’s important to keep up on documentation. Every doctor’s visit, referral, medication, and symptom can be a crucial detail. Keeping correspondence, bills, and notes from every interaction with the health care system, from the emergency room to physical therapy, will be helpful in proving the brain injury. Keeping a symptom journal and documenting some of the changes or challenges you face as a result of your injury can also be crucial. Documentation of all kinds can help reinforce a case, so never write it off as unimportant. Attorneys and their staff can help make sense of what is appropriate and helpful in proving your case.
Keep a file to keep things organized and always make extra copies.
Additionally, obtaining photos of the crash and of any visible injuries can help counsel clearly show the damages.
If you’ve been involved in a bicycle crash and experience a traumatic brain injury (TBI), seek necessary medical care right away and remember to follow up with appropriate health providers throughout your journey. Recovery can take weeks, months, or sometimes longer. At Bay Area Bicycle Law, our staff has seen hundreds of cases of TBI, and each one is unique, just like the client.
We are here to help you navigate the legal process. Consultations are free, so reach out today.