How Delayed Symptoms of a Brain Injury Can Impact Your Ohio Injury Case

While nearly 40% of U.S. adults have experienced symptoms of a brain injury following a blow or jolt to the head, four out of five adults surveyed in a recent study did not know that concussions are considered a type of traumatic brain injury. What’s more, only a small handful of adults could correctly identify all of the short-term and long-term symptoms associated with concussions.

This gap in awareness, coupled with the delayed symptom onset commonly reported by brain injury survivors, may lead many accident victims to ignore or incorrectly self-diagnose potentially life-threatening concussion symptoms. Let’s take a closer look at how delayed brain injury symptoms can affect a personal injury case and discuss some of the crucial legal statutes governing these claims in the state of Ohio.

Concussions vs. traumatic brain injuries

There are some common misconceptions about brain injuries that may lead accident victims to overlook or misdiagnose important symptoms in the weeks, months, and even years following a head injury. First and foremost, it’s important to understand that (a) concussions are a type of brain injury, and (b) just because concussions are common does not mean they can’t be dangerous.

In reality, concussions are considered a type of traumatic brain injury that – if gone unchecked – can lead to lasting side effects. As with other forms of TBI, concussions are usually caused by a forceful impact to a person’s head or by a sudden jolt in motion. Both of these scenarios can cause the brain to move inside the skull, and this movement can lead to changes in how the brain functions.

Remember: concussions and TBIs are like squares and rectangles. That is to say that all concussions are brain injuries, but not all brain injuries are classified as concussions. While concussions usually impact the way a victim’s brain functions, other kinds of TBI can involve actual tissue damage to the brain itself that can result in long-term disability.

TBI symptom development

You might be surprised to learn that many individuals who suffer brain injuries do not seek immediate medical attention. This tendency may be the result of delayed symptom onset in addition to a societal lack of education about brain injuries.

Many adults falsely believe that a serious brain injury would be readily apparent immediately following an accident. In reality, however, brain injury symptoms often develop or worsen over time. Unfortunately, individuals who wait until their symptoms are too serious to ignore may face less favorable medical outcomes and wind up suffering more long-term damage than those who seek prompt medical intervention.

If you or a loved one has suffered a fall, blow to the head, or other forceful impact (like a motor vehicle accident), you should see a medical professional as soon as possible. If, for some reason, you are unable to seek immediate care, you should closely monitor yourself for the following symptoms:

• Persistent headaches or migraines
• Dizziness
• Problems with balance
• Nausea or vomiting
• Changes in vision or increased sensitivity to light
• Changes in mood, like sudden irritability or crying spells
• Trouble concentrating
• Memory problems
• Difficulty sleeping
• Chronic fatigue

These symptoms may emerge hours, days, or even weeks after an initial impact, but they serve as a major red flag that it’s time for medical intervention. If you fail to catch these symptoms early, you may develop serious health complications or find yourself facing more limited legal options should you attempt to bring a personal injury claim against the person responsible for your injuries.

The legal side: how delayed symptoms can impact your claim

In Ohio, the statute of limitations for most personal injury cases is typically two years from the date of injury, with a handful of exceptions.

Brain injury symptoms can show up later or progress slowly, and accident victims who do not seek prompt medical care could inadvertently weaken the evidence needed to prove a claim. Beyond putting you in danger of bumping up against the statute of limitations, delayed symptoms and/or delayed medical intervention can jeopardize your claim in other ways. Frequently, insurance companies and opposing counsel will point to a lack of medical intervention or follow-up care as evidence that a victim’s injuries weren’t as severe as they have claimed.

Alternatively, they may claim that the severity or extent of your injuries is actually the result of the delay in care. For example, they can suggest that any complications or decompensation you have suffered could have been mitigated by early intervention.

In order to proactively stave off these kinds of claims, it’s important that you get checked out as soon as possible after an accident. Even if you think you’re “fine,” it’s better to be safe than sorry. Visiting the doctor can not only protect you against future health complications, but it can also create a comprehensive record of care that can help back up your claims should you choose to pursue legal action down the line.

It’s important to consult with an experienced brain injury lawyer as soon as you can following a brain injury diagnosis. Your attorney can help you compile all the documentation you need to build a strong case and ensure you meet all necessary filing deadlines under Ohio law.

Damages available in brain injury cases

If your concussion or TBI was clearly caused by another person’s actions or inactions, you may have grounds to file a claim for compensation. In most brain injury cases, the claims will center around a variety of economic and non-economic damages, such as:

• Medical bills
• Property damage
• Rehabilitation and long-term care costs
• Therapy expenses
• Pain and suffering
• Emotional distress
• Lost wages
• Reduced capacity to work

Because brain injuries can have long-term side effects, the costs associated with the recovery process can often compound over time. That’s why it’s important to consult with brain injury lawyers, economists, and life care planners who can help you tally up the past, present, and future costs you are likely to incur as a result of your TBI.

Keep in mind that, while Ohio law does not impose a cap on economic damages in personal injury cases, it does cap non-economic damages at the greater of $250,000 or three times the amount of economic damages up to $350,000 per plaintiff and $500,000 per occurrence in most cases. However, if a brain injury leads to catastrophic, permanent impairment, the cap does not apply. Additionally, if the court chooses to also assign punitive damages in a brain injury case, state law generally caps those damages at twice the amount of compensatory damages. If the defendant is an individual or small employer, punitive damages are further limited to the lesser of two times compensatory damages or 10% of the defendant’s net worth, up to $350,000.

In light of these caps, it’s particularly important to keep a comprehensive and accurate account of any and all injury-related expenses so you can maximize your final compensation under the law. Even if it took you a little while to pursue medical care, you may be able to recover compensation for expenses you incurred prior to receiving your formal diagnosis. For this reason, it’s always a good practice to document symptoms, preserve communication records, and save receipts for any over-the-counter medications or therapy bills that may relate to your accident – regardless of whether or not you immediately suspect a brain injury.

Final thoughts

Brain injury symptoms aren’t always apparent right after an accident. This can complicate the claims process and even pose health risks to a survivor. Even if you think your accident was minor, you should always make a point to seek medical attention as soon as possible after any impact or blow to the head. Swift action is often the best way to ensure you don’t miss any potentially dangerous symptoms and that you can cover all your legal bases should you ultimately choose to file a personal injury claim.

At Soroka & Associates, LLC, our experienced brain injury lawyers understand how the unique presentations of many brain injuries can impact a personal injury case. We make it a point to move as quickly as we can to provide brain injury survivors with the support they need to fight for accountability and compensation.

If you or a loved one has suffered a brain injury and you have questions about how delayed symptoms or medical care might impact your recovery options, give us a call or fill out our online contact form to schedule a free consultation with a member of our team. We’d be happy to give you more information about possible legal options.