May 5th, 2016
Some of my most disabled clients are those that have suffered from a severe concussion in an accident. They are also the ones that are most in need of a lawyer.
There remains, both in the insurance and medical world, several myths about concussions. These are the three main myths that cause injured accident victims the most grief.
1) There was a normal CT scan
Similar to the traditional whiplash, concussions very rarely show up on any x-ray or CT scan. Severe brain trauma does, as do skull fractures, but one of the defining aspects of a mild traumatic brain injury is that there are no significant findings on brain imaging.
2) There was no loss of consciousness
Many clients, when a doctors asks them “did you lose consciousness” answer “I don’t remember”. Right away the medical person checks off “no loss of consciousness”. This “finding” then get repeated throughout the medical chart over and over again until it becomes medical truth.
I hear this from my clients all the time all the time. Then I ask if the reason they don’t remember is because there is a moment or so missing from their memory? Then they say “yes, I was “dazed” or “ I blacked out for a moment”. I mean really, who remembers being unconscious?
3) Most concussions heal within 3-4 months.
Well yes. Most do. If they do not you have to look at WHY the patient remains symptomatic. One doctor I know often says, it’s because “she is a women in litigation….”. I kid you not. He claims the literature supports it.
More often however if you look into your client’s background, they may have an underlying medical history. Some men have had their “bell rung” playing hockey as a youth. Other have had a vestibular issue that was mild pre-accident and is now totally out of control. A little investigation usually reveals possible reasons for the prolonged recovery.
In any event, because of the emotional and cognitive impact these cases can have on you it is all the more important to have good legal counsel to support you while you battle the insurance companies.
Our office offers free consultations. You can call us at 1-866-701-5811 or you can email me directly at agirones@gironeslaw.com
