Nelson & Crouse

Catastrophic injury · brain

Traumatic brain injury claims

Most brain injury claims are not made by people in comas. They are made by people whose CT scan was read as normal, who went back to work too soon, and who cannot explain why the lights bother them or why they lose the thread in a meeting. Proving that kind of injury takes a different kind of case.

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Photograph: Goleisureintl / CC BY 4.0
No LOCLoss of consciousness is not required
Normal MRIDoes not mean no brain injury
2 yearsTime to file suit

Loss of consciousness is not the test

A concussion is a traumatic brain injury. The old idea that a plaintiff needs to have been knocked out is wrong, and it is usually the first thing an adjuster says. What matters is whether the impact caused a disturbance of brain function: headache, confusion, memory gaps around the event, dizziness, sensitivity to light or noise, slowed processing, sleep disruption, irritability. Those findings in the emergency department record, taken the same day, are the anchor for everything that follows.

Why a normal MRI proves less than the defense claims

A conventional CT or MRI shows structure, not function. It routinely reads normal in a real concussion. The evidence that carries these cases is longitudinal and objective in a different sense: formal neuropsychological testing months after the injury, compared against estimated premorbid ability and effort measures; vestibular and vision therapy findings; the treating neurologist's records; and the pattern of work restrictions, missed days and changed function that the family and employer can document.

The credibility window is the first monthPost-concussion symptoms that never appear in any medical record for six months are the defense's best argument. If you are dizzy, foggy or light-sensitive after a crash, say it at the emergency department and to your primary doctor, in those words, and keep going back until someone documents it.

What the defense will do

  • Order a defense neuropsychological examination with embedded validity measures and argue the scores reflect effort rather than injury
  • Point to a normal scan, a Glasgow score of 15, or a quick return to work as proof that nothing happened
  • Mine social media, fitness apps and vacation photos for contradiction
  • Argue the symptoms are pre-existing (prior concussions, migraine, ADHD, depression, sleep apnea) or attributable to something else
  • Retain a biomechanical engineer to argue the delta-v was too low to cause injury

California does not require the defense to accept your doctors. The case is won by making your treating records internally consistent, early, and corroborated by people who knew you before and after.

Evidence to preserve

  • Emergency department and ambulance records, including the triage note and any Glasgow score
  • All imaging, on disc, plus the radiology reports
  • Neuropsychological testing, and the raw scores rather than the summary letter
  • Employment records showing earnings, evaluations and absences
  • School or college records for a student
  • Witness statements about confusion at the scene, which are often the best proof of an acute brain injury

Deadlines

Two years from the crash under Code of Civil Procedure § 335.1, and six months to present a government claim under Government Code § 911.2 if a public entity is involved. For a fatal brain injury, the wrongful death and survival claims under §§ 377.60 and 377.34 have their own structure and the same deadlines.

Common questions

My CT scan was normal. Do I still have a case?

Yes, if the mechanism and the symptoms support it. A normal CT rules out bleeding, not concussion. The diagnosis is clinical, and the treatment records are the evidence.

What is post-concussion syndrome?

A set of symptoms that persist weeks to months after a concussion: headache, dizziness, fatigue, concentration and memory problems, sleep disturbance, mood change. It is a recognized diagnosis and a common basis for a brain injury claim.

Will the insurer send me to their own doctor?

In litigation, yes, through a defense medical examination. Before litigation, a request for an independent medical examination is usually voluntary. You are not required to attend an insurer's exam without advice, and the report will be written for the defense.

How is a brain injury case valued?

On proof of lasting change: neuropsychological deficit, lost earning capacity, medical needs, and the impact on relationships and daily function. We do not put a number on it before the testing is done.

Find out where you stand

A short call is enough to start. We will tell you the deadline, whether the evidence still exists, and what the claim is actually worth.