A traumatic brain injury after a car crash can leave your life dramatically altered. Unlike visible injuries, the effects of brain trauma often emerge gradually and worsen over time.
At Sigman Janssen, our knowledgeable car accident lawyers in Appleton help severely injured victims, including those with TBIs, navigate the complex legal process. We understand the medical and financial challenges these injuries present, and we are prepared to fight tirelessly for the full and fair compensation you deserve.
Call Sigman Janssen for a free case review today. (920) 328-0700
What Is a Traumatic Brain Injury and How Dangerous Is It?
A traumatic brain injury (TBI) occurs when a sudden blow or jolt to the head disrupts normal brain function. These injuries range from mild concussions to severe damage that can cause long-term complications or death.
The danger of TBIs lies in their ability to permanently alter a person’s cognitive function, emotional regulation, and physical abilities. Even head injuries that seem minor can lead to significant complications. The brain controls every aspect of human function, which is why damage to this vital organ is particularly serious and potentially life-changing.
Common Types of Traumatic Brain Injuries
Concussion
A concussion results from the brain striking the inside of the skull. Though often classified as mild TBIs, concussions can cause serious and lasting effects, especially if a person suffers multiple concussions over time.
Contusion
Brain contusions involve actual bruising of brain tissue, causing bleeding and swelling. Severe contusions may require surgical intervention to relieve pressure inside the skull and remove damaged tissue.
Diffuse Axonal Injury
These injuries occur when the brain rapidly shifts inside the skull, causing tears in the brain’s connecting nerve fibers. Diffuse axonal injuries often result in unconsciousness and can lead to permanent brain damage or death.
Penetrating Brain Injury
When objects pierce the skull and enter brain tissue, they cause penetrating injuries. These severe TBIs often result in significant damage to specific brain regions and have high mortality rates.
Coup-Contrecoup Injury
A coup-contrecoup injury pattern involves damage at two sites. The coup, which is where the initial impact occurs, and on the opposite side of the brain (contrecoup). The contrecoup is when the brain rebounds against the opposite side of the skull.
How Common Are TBIs After a Car Crash?
Vehicle accidents rank among the leading causes of traumatic brain injuries in Wisconsin and nationwide. According to the Centers for Disease Control and Prevention, car crashes cause approximately 14 percent of all TBI, or around 210,000, in the United States.
Direct Head Impact
The most obvious way a TBI can occur is when a person’s head strikes an object during collision. This includes impact with steering wheels, dashboards, windows, or other parts of the vehicle interior.
Airbag Deployment
While airbags save lives, their rapid deployment can sometimes cause concussions or other mild TBIs, especially if a person sits too close to the steering wheel or dashboard.
Whiplash Mechanism
A TBI can occur, however, even without direct head impact. The violent forward-and-backward or side-to-side motion of the head during a crash can cause the brain to strike the inside of the skull, resulting in a concussion.
Vehicle Rollover
Rollover accidents create multiple impact points and increase the likelihood of serious head and brain injuries as occupants may strike various surfaces within the vehicle.
Penetrating Injuries
In severe crashes, broken glass or metal fragments can penetrate the skull, causing direct trauma to brain tissue. These devastating injuries often result in permanent disability or death.
What Are the Symptoms of a Traumatic Brain Injury After a Car Accident?
Brain injury symptoms vary widely depending on the severity and location of the injury. Some symptoms appear immediately after an accident, while others develop days or even weeks later. Many TBI victims believe they are uninjured immediately after an accident due to shock and adrenaline, only to experience symptoms later.
Be aware of these common TBI symptoms following a car accident:
- Physical Symptoms: Persistent and severe headaches that worsen over time, accompanied by pressure sensations in the head. Victims might also experience dizziness, blurred vision, sensitivity to light or noise, balance problems, and nausea or vomiting. Some people may lose consciousness with a TBI, but you can have a brain injury even if that does not occur.
- Cognitive Symptoms: Confusion, memory problems, difficulty concentrating, feeling mentally “foggy,” and problems with attention or thinking clearly.
- Sleep Disturbances: Sleeping more than usual, difficulty falling asleep, or waking frequently during the night.
- Emotional Symptoms: Irritability, anxiety, depression, mood swings, and personality changes that seem out of character.
- Sensory Symptoms: Ringing in the ears, bad taste in the mouth, changes in ability to smell, and sensitivity to light or sound.
- Severe Symptoms: Loss of consciousness, seizures, repeated vomiting, slurred speech, weakness or numbness in extremities, and pupil dilation.
How Are Brain Injuries Diagnosed After a Car Crash?
Medical professionals use various methods to diagnose traumatic brain injuries after car accidents. Early and accurate diagnosis plays a crucial role in proper treatment and establishes important documentation for legal claims.
Neurological Examination
A basic neurological exam evaluates vision, hearing, balance, coordination, reflexes, and strength. Medical providers also assess cognitive functions such as memory, concentration, and thinking speed to identify potential brain injury signs.
Glasgow Coma Scale
This standardized tool measures consciousness level by evaluating eye opening, verbal response, and motor response. Scores range from 3 to 15, with lower scores indicating more severe brain injuries.
Computerized Tomography (CT) Scan
CT scans create detailed images of the brain and quickly reveal fractures, bleeding, blood clots, bruised brain tissue, and other damage requiring emergency care. Emergency rooms typically use CT scans as the first imaging test for suspected TBIs.
Magnetic Resonance Imaging (MRI)
MRIs provide more detailed images of the brain than CT scans and can detect subtle changes and damage that CT scans might miss. Doctors often order MRIs after the immediate emergency has passed.
Intracranial Pressure Monitor
For severe TBIs, doctors may insert a probe through the skull to monitor pressure inside the brain, as swelling can cause additional damage if left untreated.
Neuropsychological Tests
These specialized assessments measure cognitive functions, including memory, concentration, information processing, and problem-solving abilities. They help identify specific areas of brain function affected by the injury.
Can I Sue for a TBI After a Car Crash in Appleton?
Wisconsin law allows you to pursue compensation if another driver’s negligence caused your traumatic brain injury. Under Wisconsin’s modified comparative negligence system, you may recover damages as long as you are not more than 50 percent responsible for the accident.
In Wisconsin, compensation for damages from the crash may include your medical expenses, lost wages, and pain and suffering damages.
Evidence That May Help You Prove Your TBI Was Caused by Your Car Crash
Establishing a clear connection between your traumatic brain injury and a car collision requires comprehensive documentation and compelling evidence.
Evidence you need to establish the causation between the crash and your TBI diagnosis may include:
- Crash Scene Documentation: Photographs of vehicle damage, skid marks, and road conditions directly demonstrate the force of impact needed to cause a TBI. Police reports noting headfirst collisions or seatbelt marks strengthen claims by showing how your brain collided with skull walls.
- Emergency Medical Records: First responders’ notes detailing your loss of consciousness, confusion, or disorientation establish immediate post-collision brain trauma. EMS reports documenting Glasgow Coma Scale scores provide baseline measurements for TBI severity.
- Neurological Test Results: CT scans revealing brain bleeding, MRI images showing tissue damage, and EEG readings detecting abnormal brain wave patterns offer concrete medical proof of injury. These diagnostic images become powerful visual evidence in TBI claims.
- Cognitive Function Testing: Neuropsychological evaluations comparing pre-crash abilities with post-crash performance highlight memory loss, processing speed reduction, and executive function decline directly caused by the collision impact.
- Memory Loss Documentation: Witness statements noting your inability to recall the crash, diary entries showing daily confusion patterns, and family testimony describing forgotten conversations prove brain injury impacts beyond visible symptoms.
- Balance and Coordination Testing: Physical therapy reports documenting vertigo episodes, difficulty walking straight, and hand-eye coordination problems establish vestibular system damage common in TBI cases from car collisions.
- Mood and Personality Changes: Mental health records showing new anxiety diagnoses, depression onset, or anger management issues following the crash demonstrate psychological impacts recognized in TBI compensation cases.
Wisconsin’s Statute of Limitations: How Long You Have to File a Claim
Wisconsin law establishes specific time limits for filing personal injury lawsuits. For traumatic brain injuries sustained in car accidents, you generally have three years from the date of the accident to file a lawsuit. This time limit applies to most personal injury cases in Wisconsin. Be aware that there are some exceptions to this three-year rule and sometimes there are shorter notice or filing requirements.
What Should I Do If I Suspect a Brain Injury?
Protecting your health must be your first priority after a car accident. If you experience any potential brain injury symptoms, seek immediate medical attention, even if the symptoms seem mild. The brain’s complexity means that damage might not be immediately apparent, and early treatment improves recovery outcomes.
To protect both your health and your legal claim:
- Seek Immediate Medical Attention: Getting a proper medical exam right after the car crash protects your health. With head injuries especially, getting a diagnosis and treatment sooner than later can often make a difference in your ability to recover fully. Your ER examination, like any medical appointment, gets added to your medical records. This documentation creates a solid link between your injuries and the crash that caused them.
- Follow Your Doctor’s Medical Advice: Attend all appointments and complete recommended treatments, even physical therapy, as gaps in medical care can harm your case. Adhere to any restrictions your doctor recommends, including staying home from work. Not following your medical care plan could also hurt your claim, as insurers may argue that you were either not hurt as badly as you say, or you were not injured at all.
- Document Everything: Keep detailed records of all symptoms, medical bills, medical visits, treatments, and how the injury affects your daily activities.
- Avoid Social Media: Insurance companies monitor social media accounts for evidence to use against your claim.
- Preserve Evidence: Keep photographs of the accident scene, your injuries, and damaged vehicles.
- Consult a TBI Attorney: An experienced Appleton brain injury lawyer understands the unique challenges of TBI cases and knows how to secure fair compensation.
Why Insurance Companies May Try to Undervalue Your TBI Claim
Insurance companies operate as businesses focused on protecting their profits. Brain injury claims often involve significant expenses for medical care, rehabilitation, lost wages, and long-term support. These high-value claims directly impact insurance company bottom lines, creating a strong financial incentive to minimize payouts.
Common tactics include questioning the severity of your injury, especially with TBIs that lack obvious external signs. Adjusters may claim your symptoms result from pre-existing conditions or argue that your difficulties would have occurred regardless of the accident. They often pressure victims to accept quick settlements before the full extent of the injury becomes apparent, which saves them money but leaves you without adequate resources for future care.
Need Legal Help After a TBI? Call Our Appleton Law Firm Today
Traumatic brain injuries create overwhelming physical, emotional, and financial challenges for victims and their families. The path to recovery requires specialized medical care, rehabilitation services, and often long-term support.
At Sigman Janssen, our trusted Appleton law firm is prepared to fight for the full compensation you deserve. We work with medical experts to document your injury and calculate both current and future costs. Our firm handles the legal complexities while you focus on recovery. Since we take legal cases on contingency, there are no upfront costs to pay to engage our services.
Injured in Appleton? Call Sigman Janssen today: (920) 328-0700