Mild Traumatic Brain Injury

mild brain injury lawyer

Per the American Congress of Rehabilitation Medicine, a mild traumatic brain injury (TBI) is a traumatically induced physiological disruption of brain function, as manifested by at least one of the following:

  1. any period of loss of consciousness;
  2. any loss of memory for events immediately before or after the accident;
  3. any alteration in the mental state at the time of the accident  (e.g. feeling dazed, disoriented, or confused); and
  4. focal neurological deficit(s) that may or may not be transient;

but where the severity of the injury does not exceed the following: i) loss of consciousness (LOC) of approximately 30 minutes or less; ii) after 30 minutes, an initial Glosgow Coma Scale (CGS) of 13-15; and iii)  post-traumatic amnesia (PTA) not greater than 24 hours.

This is intentionally a very technical definition. The point is to provide a technical definition that can be used by those not familiar with the neurological details of what happens to the brain when subjected to “a non degenerative, non congenital insult to the brain from an external mechanical force, possibly leading to permanent or temporary impairment of cognitive, physical, and psychosocial functions, with an associated diminished or altered state of consciousness.”

In other words, a brain injury can be a SERIOUS, damaging injury even if it is MILD.  Insurance companies want to act like a MILD TBI is not a serious injury. Further, insurance companies will lead people to believe that there is not brain injury unless there was a “loss of consciousness” at the scene of a motor vehicle collision.  Not true.  The Mild TBI definition uses the words “any alteration in the mental state at the time of the accident.”  This can include feeling dazed, disoriented, or confused.

If you or a loved one has been in a collision which involved any “insult to the brain from an external mechanical force (which can include “whiplash”), you need the services of an experienced Arkansas motor vehicle injury lawyer in order to deal with the technicalities of pursuing a claim for damages that includes consideration of a mild traumatic brain injury.

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