Dr. Aaron DeShaw, a former Doctor of Chiropractic and top-rated traumatic brain injury lawyer, explains what to do after suffering a head injury.
After more than 20 years as a practicing traumatic brain injury attorney—following a career as a Doctor of Chiropractic—I understand how confusing, overwhelming, and life-altering a traumatic brain injury can be. It not only causes physical pain but also cognitive changes, as well as changes to one’s personal life. The effects of a TBI are also not just limited to the injured individual; brain injuries can also cause problems for family and friends.
As a TBI attorney, I have seen countless cases involving brain damage following a blow to the head, or a force to the head where there is no head strike. My brain injury law firm represents victims of motor vehicle accidents, slip and fall injuries, explosions, and rarely medical malpractice involving brain damage. Regardless of how your brain tissue is damaged, the moments after a trauma to the head can be critical. Acting swiftly can prevent a serious brain injury from worsening and protects your legal rights.
This short guide will help you navigate the path to recovery and justice. I sincerely hope that every brain injury victim recovers fully from their injury and that the brain injury victims and their families receive full, fair compensation through the court system.
Read More: Overcoming Challenges in a Traumatic Brain Injury Case
Step 1: Get Medical Attention
The first and most important step to take after you have suffered a traumatic brain injury is to seek immediate medical attention. Even if your closed head injury seems minor, TBIs can have delayed symptoms that might worsen over time. We've represented people who seemed normal at the scene of a crash and were dead a few days later from a brain bleed. A prompt and thorough medical evaluation can help in diagnosing the severity of the injury and initiating the appropriate treatment plan.
Is a concussion a type of brain injury?
Yes. According to the Centers for Disease Control and Prevention: “A concussion is a type of traumatic brain injury—or TBI—caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth.” A head strike or loss of consciousness are not required to cause a traumatic brain injury. Concussions can occur from car accidents, slip and falls, construction accidents, sports injuries and similar events.
All concussions should be treated with utmost care, even without experiencing loss of consciousness or other symptoms of severe TBI. Without appropriate care, any type of TBI can worsen over time. While insurers will deny this, the US National Institutes of Health have long recognized that symptoms can start days, weeks or months after a brain injury.
Read More: Lyft Crash Results in Traumatic Brain Injury Lawsuit
Step 2: Get Follow-Up Medical Care
Treatment for your TBI includes frequent medical evaluations, proper hydration and nutrition, and lots of rest. After the initial treatment, it's essential to adhere to follow-up appointments and rehabilitation programs recommended by healthcare professionals. Even with a mild TBI, consistent medical care is critical in managing symptoms, preventing complications, and promoting recovery.
Importantly, be sure to document everything, even comments or notes that may seem to be insignificant. Keep a detailed record of everything related to the injury. This includes:
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Medical Records: Document all treatments, diagnoses, medications, and rehabilitation efforts.
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Incident Reports: If the injury occurred in an accident, ensure that there is an official report (e.g., police report, workplace incident report).
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Personal Journal: Some people choose to maintain a diary documenting daily symptoms, pain levels, and how the injury impacts your daily life. Although, please note that if your case goes to litigation, the insurer will require you disclose any notes you make about your injuries.
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Financial Records: Keep receipts and records of all expenses related to the injury, including medical bills, transportation costs, and any modifications needed at home.
Does a traumatic brain injury increase my risk of other conditions?
Sadly, yes: this special type of injury is correlated with several serious conditions, including cognitive decline, blood clots, seizures, the onset of auto-immune conditions, increased risk of Parkinsons Disease and Alzheimers, and even brain cancer. The effects of traumatic brain injuries are serious, variable, and long-lasting.
Established research on the long-term effects of traumatic brain injury has demonstrated that TBIs are positively correlated with both cognitive deficits and behavioral changes. The secondary effect of microscopic physical damage in the brain is a secondary neurochemical change including excitotoxicity and apoptosis (types of cell death), as well as chronic inflammation, seizures, and demyelination which can lead to vision loss and muscle weakness.
Traumatic brain injuries affect the blood vessels of the brain; in more serious cases this can cause acute hemorrhage, which can quickly lead to coma or even death. A person might be feeling fine, even as the blood pressure in the brain is accumulating rapidly. Responsible doctors are aware of this risk, and will be diligent about monitoring brain activity and blood pressure in the wake of a blow to the head. Diffuse axonal injury, a common type of sports injury, is the leading cause of death and disability among children and young adults.
Recent studies have also shown that both moderate and severe traumatic brain injuries are positively linked to an increased risk of brain cancer. Some researchers believe that this correlation is associated with brain inflammation, as well as brain cell mutations that can follow brain injury. The prognosis for brain cancer in the United States, along with nervous system cancers and at all types and stages of disease, is 32.6%.
Step 3: Notify Relevant Parties
Inform your employer, insurance companies, and any other relevant parties about your injury. If the TBI occurred because of someone else’s negligence, you might need to file a claim with the responsible party’s insurance company. Timely notification is crucial for protecting your rights and ensuring you receive the benefits you are entitled to.
Should I accept an insurance settlement for my TBI without speaking to a lawyer?
We strongly recommend speaking to a personal injury attorney before accepting a settlement from your insurance company. Even if their offer covers your immediate medical bills, remember that the effects of a traumatic brain injury can worsen over time. Signing a settlement release permanently closes your legal case and makes it extremely difficult or impossible to recover additional compensation for ongoing pain and suffering.
Call DeShaw Law today for a free consultation on your brain injury claim: (503) 227-1233.
Step 4: Seek Legal Consultation
We strongly advise that you speak to a dedicated TBI lawyer as soon as possible after your brain injury. Consulting with a lawyer experienced in traumatic brain injury cases is a vital step in understanding your legal rights and options. A TBI lawyer will be able to assess your case and determine if the circumstances surrounding your injury constitute a viable claim.
What does a traumatic brain injury lawyer do?
Your traumatic brain injury lawyer is responsible for establishing the legal groundwork for your claim, case preparation and research, and legal advocacy on your behalf. Working with a dedicated brain injury law firm ensures that your case will be taken seriously and that every avenue of financial recovery will be explored on your behalf.
Your TBI attorney will:
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Collect necessary evidence to support your TBI case, including medical records, expert testimony, and witness statements.
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Find all available insurance policies to cover your personal and financial losses.
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Research your brain injury and the symptoms resulting from it to ensure they properly advocate for your present and future losses from the TBI.
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Send a "demand letter" to the insurers to obtain a fair settlement offer.
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Negotiate with insurance companies and other parties on your behalf for full, fair compensation.
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Represent you in court to fight for the compensation you deserve.
Always look for a brain injury law firm with an established courtroom reputation. Attorneys who take cases to trial often receive larger settlement offers than attorneys who don’t. As dedicated trial lawyers, our team is known for representing clients aggressively—and receiving full, fair settlement offers faster than other law firms. Our law firm has received many of the highest settlements, arbitration awards, and jury verdicts in brain injury cases in Oregon, including a $2,550,000 arbitration award in a mild traumatic brain injury case - in excess of the combined insurance policy limits in a brain injury case tried in Portland Oregon.
Read More: Portland Brain Injury Lawyer Selected to The National Trial Lawyers Top 100
Step 5: Continue to Care for Your Physical and Mental Health
Your brain can heal after a brain injury but recent medical research demonstrates that many people have ongoing symptoms of TBI.
Your brain injury may improve with an injury-specific treatment regimen designed to strengthen the parts of the brain most affected. Our office has extensive knowledge of the best types of treatments for our clients specific types of symptoms. Few doctors in Oregon and Washington specialize in the evaluation and treatment of people with traumatic brain injuries. Not all TBIs will respond to therapy, and both your brain function and your quality of life may be permanently compromised.
Even a mild traumatic brain injury can have significant cognitive, and behavioral impacts. For TBI survivors who experience behavioral changes, it is critically important to seek support from mental health professionals who can help you and your family cope with the changes and challenges that often accompany a TBI. Some doctors recommend active counseling, group therapy, and other means of support to manage the mental health challenges that often accompany brain injury.
The more compassion you can have for yourself after your TBI, the more likely you are to be able to move forward in your life, even if your injury requires adjustments to your daily routine.
Who will pay for my care after a traumatic brain injury?
From ER visits to long-term disability care, the financial implications of a TBI can be significant. Your traumatic brain injury lawyer will be able to help determine liability (who is at fault) and, thus, who is responsible for the financial losses resulting from your injury. Compensation should be paid by the at-fault party through their insurance policies. Some people employed at larger employers may have short term or long term disability benefits. In the event the at-fault party isn't held responsible by a jury, financial payments will come from taxpayers and public assistance. But, our goal is to hold the person or party responsible for your personal and financial losses rather than putting the burden on taxpayers.
A traumatic brain injury can be a challenging journey, but an experienced brain injury lawyer can help advise you. By seeking immediate medical attention, speaking to your doctor and documenting your experiences, consulting a TBI lawyer at our law firm, and prioritizing your mental health, you ensure that your recovery—physical, mental, and financial—is on track.
If you or a loved one has suffered a TBI and need legal assistance, please don't hesitate to contact our Oregon brain injury law firm at (503) 227-1233. We're here to help you through every step of the process.