Why “Mild” Is the Most Expensive Word in a Brain Injury Claim

*Collaborative Post

People age 75 and older had the highest numbers and rates of TBI-related hospitalizations and deaths, accounting for about 32% of TBI-related hospitalizations and 28% of TBI-related deaths.

“Mild” describes the first hour and a Glasgow Coma Scale score of 13 to 15 at the scene. Maybe there was brief unconsciousness, or none at all, and then the patient walked into the emergency department. It says nothing about month 12. The TRACK-TBI study followed over 2,000 patients with brain injuries and found that, a year later, more than half of those with mild injuries still reported three or more symptoms that were worse than before their injury.

An adjuster reading the chart sees the word mild. That one word does more damage to claim values than almost anything else in the file.

Brain Injuries Arrive From More Than One Direction

While not all, crashes and falls account for most of brain injuries. Anesthesia mistakes, delivery complications, overlooked hemorrhages, and lack of oxygen during surgery can create the same deficits by another route, and the claim that follows works under different rules, different voices, and, in most states, a shorter clock.

Brain injuries can also result from medical events rather than crashes or falls. The Tolson Firm’s brain injury page discusses cases involving medical malpractice, including surgical errors, birth injuries, and anesthesia errors. Atlanta traumatic brain injury lawyer Audrey M. Tolson also notes that brain injuries can cause partial or full paralysis of limbs and organs with the body. 

A Normal Scan Is Not a Normal Brain

A normal CT scan does not necessarily mean that a person has no lasting effects from a mild TBI. CT is particularly useful in the diagnosis of acute hemorrhage and fractures. Also, MRI may be more sensitive for subtle structural abnormalities, including some forms of diffuse axonal injury. Even patients with a negative CT may have persistent symptoms and incomplete recovery.

And the evidence seems to push harder than that. In the prospective TRACK-TBI cohort, negative head-scan results were associated with more post-concussion symptoms at six and twelve months relative to participants with positive scan findings. In fact, 82% of the mild group still had at least one symptom a year.

But the neuropsychological testing is what turns that into something stronger. It compares processing speed, working memory, attention, and executive function to normative standards and returns quantitative figures for the adjuster to deal with, rather than offering a symptom list that can be brushed off as subjective.

What Insurers Do With the Gaps

Being aware of the common mistakes to avoid after a car accident can help you make the right decisions to ensure your safety and even the legalities that follow after. 

Delaying medical care can complicate an injury claim because insurers may question the severity of the injuries or whether they resulted from the accident. Failing to document the incident can create similar problems. 

Accepting an early settlement before the full extent of the injuries and treatment needs are known may also limit the ability to seek additional compensation later. Since insurance companies may review social media posts and photographs, these can be used to challenge an injury claim. 

A missed appointment reads like a missed injury. Or a delay of two weeks before the first evaluation. The cruelty is that the injury makes the gap happen. Memory and executive functioning are the real needs for scheduling and ongoing follow-up, and TRACK-TBI reported that just 43% of patients saw a provider within two weeks, with follow-up reaching 63% over the first year.

A daily symptom log plus statements from people who see the person weekly are what fill that space. Not because they are sensational, but because a single clip cannot outweigh a continuing record.

Settling Before the Picture Is Finished

Cognitive trouble tends to show up when demand returns. A person discharged with a headache may return to work expecting to manage several tasks at once. But due to concussion, that concentration and memory have become more difficult. Symptoms such as sleep problems, anxiety, and depression may also emerge or become more noticeable in the weeks or months following the injury.

An early settlement can become problematic when the long-term effects of a brain injury are still unclear. Signing the release before later symptoms arise could result in unrecoverable expenses later. For that reason, understanding the medical prognosis and likely future needs is important before resolving a serious brain-injury claim.

The Deadlines Are Not Uniform and the Exceptions Are Not the Rule

Personal-injury deadlines vary significantly by state, and the applicable period can also depend on the type of claim and defendant. The discovery rule may shift the start date if a brain injury wasn’t diagnosed for some time. 

Colorado is the trap that legal content gets wrong the most often, even when people cite it confidently. Its general tort limit sits at two years under C. R. S. 13-80-102. The repeated three-year rule applies only to tort actions related to a motor vehicle’s use or operation. A brain injury caused by a fall, a defective product, or occurring in a hospital is governed by the shorter schedule.

In addition, the government defendants add another clock, which begins first. Before suing, city vehicles, public schools, and county workers typically need a written notice of claim, and the deadline can differ widely from the commonly mentioned 60- and 90-day timelines. 

Government defendants can add another deadline before a lawsuit may proceed. In Georgia, written notice generally must be presented within six months for claims against municipalities and within 12 months for claims against counties or the state. California generally requires claims involving personal injury or death against a public entity to be presented within six months of accrual.

Every one of these failure points asks an injured person to be organized, punctual and skeptical during the months when the injury has taken those capacities away. That is basically the argument for getting help early, rather than at the moment a deadline is visible on the calendar.

*This is a collaborative post. For further information please refer to my disclosure page.