Mild traumatic brain injuries (TBIs) can have lasting impacts on quality of life, earning capacity, and more – so why do insurance companies undervalue them after a crash? Like the injury itself, it’s complex.
Often, insurance companies see “mild” and take that at face value, asserting that because the injury is not “severe” there isn’t much of a cost to accompany the diagnosis. Afterall, these mild TBIs can be difficult to diagnose, come with less expensive medical bills, limited treatment options, and challenges with imaging not showing the full extent of injury. However, mild TBIs can be far from simple, and treatment may extend well past an initial emergency room visit – which, of course, come with a cost on top of missed earning opportunities and pain and suffering.
If you’ve been involved in a bike crash and you’re wondering why the insurance company isn’t assigning an appropriate value to your TBI, there are a few of the reasons why that may be. At Bay Area Bicycle Law, our staff sees this all the time. We work with our clients to get the best possible outcome, even when the injury is dubbed “mild.”
What is a mild TBI or concussion?
To understand why an insurance company is undervaluing a mild TBI case, it’s important to understand the nature of the injury.
The Center for Disease Control and Prevention (CDC) reports that bicycling leads to the highest number of sport and recreation–related emergency department visits for traumatic brain injuries in the country. These injuries are so frequent, in fact, that the governmental health agency has authored guidelines to ERs on how to best treat cyclists with TBIs. Even so, mild TBIs can be complex, difficult to diagnose, and require differing approaches to treatment depending on the symptoms and how long they last.
Mild TBIs are caused when an outside force, like a forceful bump or blow, creates temporary problems with normal brain function.
Concussions are a type of mild TBI. According to the National Institute of Neurological Disorders and Stroke, these are injuries that can take anywhere from a few minutes to months to heal. “Causes of concussion may include a blow to the head or a rapid movement of the brain within the skull—which can happen when a person is violently shaken,” the institute explains.
Concussions, while common, can be extremely serious.
“Someone with concussion either suddenly loses consciousness or their state of consciousness or awareness changes suddenly,” the institute says. “A second concussion closely following the first one—the so-called ‘second hit’ phenomenon—can lead to permanent damage or even death in some cases. Post-concussion syndrome involves symptoms that last for weeks or longer.”
You may have a mild TBI if you’re experiencing these symptoms:
- Sensitivity to light and/or noise
- Headache
- Vision problems or dizziness
- Issues with sleeping or sleeping more than usual
- Brain fog
- Trouble concentrating
- Memory problems
- Nausea or vomiting (in the beginning)
- Change in mood, such as feeling more anxious, sad or nervous than usual
The range of symptoms, how long they last, and the right treatment will be different for every person. This is why it’s important to seek out care and then continue to keep track of symptoms as the weeks go by. For some, a mild TBI develops over the few days following a crash and may last a few weeks with rest. For others, however, these symptoms persist creating difficulties at work, in relationships, and in everyday life.
Read More: Understanding the Signs of a Concussion After a Bicycle Crash
Not so ‘mild’: Diagnosing and treatment
If a mild TBI isn’t so mild after all, why does it get treated so? It’s hard to say, but the thinking around mild TBIs is starting to evolve. More researchers and clinicians consider these brain injuries as “chronic” conditions than ever before because symptoms can be lasting.
Various types of testing can reveal the seriousness of a mild TBI, but may require various specialties and time to find the best long-term treatment plan.
Imaging: Imaging can be crucial to diagnosing and understanding a brain injury but it isn’t the end-all-be-all in TBI care. Imaging, including CT and MRI scans, can rule out serious injuries like a brain bleed or skull fracture, but a clear scan doesn’t mean there isn’t an injury or impact to the patient’s quality of life. If you’re not at risk for major complications and aren’t showing signs of serious injury, you may not even receive imaging at the ER. While this may initially seem like promising news for the patient, this doesn’t mark the end of diagnosis for many.
Neuropsychological testing: It’s not uncommon to feel the impact of a mild TBI in the cognitive and behavioral areas of your life, and this cannot be picked up by imaging in most cases. This is why neuropsychological testing — which tests cognitive abilities — may be an important part of your diagnoses and treatment. For patients that experience memory loss, brain fog, or prolonged anxiety or depression after a bike crash, investigating the neuropsychological side of the injury could be vital to the healing journey.
With every TBI being slightly different depending on the person, it’s important to be an advocate for yourself or have a friend or loved one help on your behalf. Tracking symptoms and following up with doctors when necessary will help enhance your chances at proper treatment. The paper trail that comes with the medical journey is extremely important in personal injury litigation and matters when dealing with an insurance company.
Proving a TBI’s impacts
Insurance companies want to believe that a mild TBI is mild because it comes with a lesser cost – but that’s just not the reality in every case. Afterall, researchers estimate that approximately one in 60 people in the U.S. live with a TBI-related disability. These disabilities can come with costs — both direct and indirect — and serious changes in lifestyle.
Some people are forced to take time off work to care for and rest from the injury. Others miss out on earning opportunities down the road because of their injury. These are important factors at play in understanding the value associated with a mild TBI after a bike accident and should not be dismissed.
The Bay Area Bicycle Law staff has seen countless ways a bike crash can change a life. Our goal is to maximize your settlement, represent the true impact of a TBI on your life, and help you through a difficult chapter. We’ll always keep our pledge to do what’s in the client’s best interest. Get in touch with us today by email or by calling (415) 466-8717.