Created: 20 November 2020
A head injury of any type can potentially be devastating and life altering. We understand that here at Mahoney Law of Idaho. Our brain injury lawyer will work with you to fully document and present the extent of your injury. Our concussion attorney will seek assistance from qualified and experienced experts to prove the impact of the concussion on your life. As a head injury law firm, we work to develop the facts as to why the opposing party was negligent or reckless in causing your brain injury so you receive the money damages to which you are fairly entitled under the law. Traumatic brain injury law in Idaho is one of our areas of focus and we have helped clients here in Idaho with all types of TBIs, from concussions to severe blunt force head trauma. YouTube Video Link: https://youtu.be/0O3WSemlM9o
In the personal injury context, where the opposing side may be liable to pay money damages for causing an injury, brain injuries can have numerous causes. There are many different types of brain injury cases, TBI claims, concussion lawsuits, and head injury litigation handled by an attorney. Car accidents, truck collisions, slip and falls, falling merchandise and falling objects, heavy equipment accidents and the like can all cause serious brain injuries wherein the at fault party may be liable to pay damages in a civil lawsuit brought by a lawyer. Each case must be investigated and evaluated by the law firm to see if it is meritorious. Mahoney Law handles all types of head injury, brain injury, TBI, traumatic brain injury, closed head injury, and concussion cases and claims in Idaho. Working with well qualified neuropsychological experts is a critical part of developing a brain injury claim, whether it be for a severe TBI lawsuit or a concussion insurance claim. Such experts will perform testing as to various aspects of brain functioning.
Given our vast experience in representing TBI clients, we have learned to disprove several common myths and misperceptions that the defense sometimes tries to raise to deny our clients fair monetary recovery. For example, it is well established that entire categories of head injuries will not show up on MRI scans, CT imaging, and of course X-ray. Although somewhat of an oversimplification, this is because the level of the brain damage can be so microscopic that it simply does not show up based on our current brain imaging technology.
Another common myth or misperception we often hear in concussion cases is that there should be a set time after which you should be healed, recovered, and back to normal. This is not accurate. Some brain injuries heal quickly, others take a more mid-level amount of time, while other closed head injuries can take years to heal and the victim may even have permanent deficits that are life altering. There is no correct or normal amount of time for healing from a TBI. Likewise, the time for healing does not necessarily depend on the perceived severity of the injury. For example, a closed head brain injury from the brain simply moving violently within the skull may actually take longer to heal than a concussion from a direct force blow to the head.
Speaking of which, another inaccurate assertion we often confront from the defense and insurance companies is that there must be a direct blow to the head, blunt force trauma, for a victim to sustain a brain injury. This is false. It is well known that very serious TBIs can be suffered simply from the victim’s head violently moving back and forth or side to side, without actually striking the head, such as may happen to a restrained passenger in a motor vehicle collision. Simply because you do not have an external bump, wound, or cut on your head does not mean an individual does not in fact have an internal brain injury. Similarly, there does not have to be a loss of consciousness (LoC) for there to be a very real brain injury.
To recap, a brain injury victim may be clinically diagnosed with a TBI despite normal imaging, with no loss of consciousness, with no direct blow to the head, and may have a protracted recovery period or may have permanent impairment. Brain injury law involves recognizing these issues and assisting our clients accordingly.
A concussion, brain injury, TBI, closed head injury, or the like can affect the victim’s work, personal relationships, hobbies, activities, and day to day enjoyment of life. The symptoms can be overwhelming and debilitating, and can include some or all of the following:
- Headaches
- Dizziness
- Vertigo
- Balance problems, unsteadiness
- Audiology problems, ringing in ears
- Memory issues, recall problems
- Speech and language issues such as word finding
- Light sensitivity
- Blurry vision
- Sleep issues
- Nausea and vomiting
- Confusion
- Motor functioning impairments, trouble walking
- Temperament changes, emotional changes, anger issues
- Executive functioning limitations
- Problem solving impairments
Under Idaho law, we work to obtain full compensation for our concussion injury clients. We work with appropriate experts to obtain neuropsychological testing to document the extent of the issues our TBI clients face. If the brain injury has caused a loss of income and time off work, and potentially future employment impairment, we work with qualified vocational and economic experts to document this to recover this important component of damages on our head injury cases. We place the largest emphasis on what are referred to as general damages, in other words the human harms and losses that closed head injury victims suffer. From physical pain, to emotional difficulties, to impaired relationships, to a very real impact on the enjoyment of day to day life, we communicate with you so as to be able to show the opposing side and jury at trial this, the largest part of the damages.
Mahoney Law has successfully represented brain injury victims in Idaho. In one case, a bundle of boards fell on our client’s head at a large home improvement store. The victim was diagnosed with a traumatic brain injury and suffered ongoing balance problems. In another case, our client was rear-ended at a stop sign before an intersection. The opposing driver was in a large fuel truck that slid on ice while the driver was on his cell phone. Our client sustained a severe head injury due to the force of the impact and suffered from memory loss, headaches, and emotional difficulties. Both of these cases were settled for substantial dollar amounts after we properly investigated the liability facts and proved our client’s physical and mental damages. We have handled numerous other brain injury related claims here in Idaho.
If you, a family member, friend, or loved one is in need of legal help for a brain injury, concussion, closed head injury, head injury, or TBI, please reach out to Mahoney Law here in Idaho. We have been compassionately serving Idahoans for 25 years. Sometimes these cases can be settled before a lawsuit is filed. As a brain injury law firm, we work directly with the at fault party’s insurance company to secure you full and fair recovery to the maximum extent under the law. Sometimes, however, a lawsuit is necessary as the opposing insurance company may undervalue our client’s claim. As a concussion law firm, we are ready, willing, and able to litigate your case for full justice through a head injury lawsuit. https://www.patrickmahoneylaw.com/areas-of-practice/personal-injury-attorney
Here are links to brain injury resources:
https://www.biausa.org Brain Injury Association of America
Idaho’s two largest hospital systems have traumatic brain injury and concussion programs:
https://www.saintalphonsus.org/specialty/orthopedic-care/services/sports-medicine/concussion-program
https://www.stlukesonline.org/health-services/specialties/programs/traumatic-brain-injury-program
https://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/symptoms-causes/syc-20378557 The Mayo Clinic on traumatic brain injury symptoms and causes
https://www.cdc.gov/traumaticbraininjury/index.html The CDC on traumatic brain injuries