Traumatic Brain Injuries (TBI) are a silent epidemic that are frequently underdiagnosed and go untreated in many injury victims. In fact, according to Perelman School of Medicine at the University of Pennsylvania, an estimated 2 million Americans suffer a traumatic brain injury every year. The annual cost of treating traumatic brain injuries in the United States is estimated to be over $30 billion, and a number of victims go untreated with their injury overlooked and undiagnosed.
In fact, a recent study found that it is likely that a majority of patients at high risk for mild traumatic brain injury “have no documentation of an evaluation for one”, and that patients with a mild TBI diagnoses “were unlikely to receive appropriate discharge education about it.” Another study concluded that traumatic brain injuries are likely to be under-diagnosed in patients with spinal cord injury.
Due to the nature of a TBI, many victims may have difficulty in knowing where to turn to for help. Furthermore, a TBI victim may appear “normal” to friends and family members, making TBIs more difficult to identify and obtain treatment for. The Texas Department of Health and Human Services has published a Texas Brain Injury Resource Guide to inform the public of services available to assist people living with a brain injury.
TBI’s may be undiagnosed for a variety of reasons. A direct blow to the head is not necessary to cause a TBI. Rather, a TBI may be caused by a sudden movement causing the head and brain to quickly move back and forth (i.e., a whiplash injury). Even a mild TBI can lead to changes in the brain that negatively affect how a person thinks, learns, feels, acts, and sleeps. TBI symptoms may not be noticeable at first, or may overlooked due to a need to attend to other injuries requiring immediate attention, and may also not present themselves on traditional imaging technologies (such as MRI, CAT, or X-Ray).
TBIs can quickly become worse if they are not treated.
Even mild TBIs cause substantial negative effects to those living with them. Texas law recognizes an injury survivor’s right to recover damages for past and future medical expenses, pain and suffering, impairment, and past and future loss of earning capacity. Lost earning capacity is different from lost wages—it refers to a person’s impaired ability to generate income. For example, a college student studying engineering may be working part time making minimum wage when they are involved in an incident causing a TBI. The TBI causes them to miss work—resulting in lost wages—but also impairs their focus, cognitive ability, and temperament, resulting in the student having to halt their studies. This student has lost significant future earning capacity as they were on the path to becoming an engineer, but had this opportunity stripped away from them by a TBI. This is a loss of future earning capacity and is recoverable under Texas Law when a TBI is caused by another person or company’s negligence.
Help Starts With a Free Consultation With a TBI Attorney
If you or a loved one have suffered a TBI, it is important that you quickly seek the advice of a lawyer to ensure your legal rights are protected. TBIs are often a lifelong injury, and it is important that you retain an attorney who will fight to ensure that you are protected from the legal and financial consequences that often accompany a TBI.
