A brain injury is not always obvious when someone leaves an emergency room. A person may have a normal CT scan, be told there is no immediate emergency and return home, only to develop persistent headaches, memory problems, difficulty concentrating or changes in personality in the days or weeks that follow.
Families dealing with a severe brain injury case face a different set of concerns, including rehabilitation, future care and the injured person’s ability to work or live independently. John Ghezzi is a Magnolia traumatic brain injury lawyer who handles these claims personally from start to finish.
With 30+ years in Texas courts, John can strongly represent you and aggressively pursue fair compensation for your catastrophic injury claim. He will move fast to collect all possible evidence, evaluate the medical records, reconstruct the circumstances of the injury, and assess resulting losses.
A free consultation with John allows an injured person or family member to explain what happened and discuss the legal issues that may apply.
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Why Brain Injuries Get Missed
Brain injuries can be difficult to recognize immediately, particularly when there is no obvious external wound.
Potential Delay in Symptoms
Symptoms of TBI may appear with a delay or may change over time. Headaches, dizziness, fatigue, confusion and other symptoms may develop or become more noticeable after the initial injury. Emotional or behavioral changes can also emerge during recovery.
The injured person may not recognize the changes themselves. Someone experiencing cognitive problems may believe they are simply tired or stressed. Family members or coworkers may notice that the person is forgetting conversations, struggling with ordinary tasks or behaving differently.
Normal Scan May Miss Injury
Emergency medical imaging serves important purposes, but a normal scan does not necessarily mean that a person has suffered no brain injury. The Centers for Disease Control and Prevention explains that CT imaging is not required to identify every mild traumatic brain injury or concussion and may be used when there is concern about bleeding or other serious complications.
CT scans are particularly useful for identifying problems such as bleeding, skull fractures and other findings that may require urgent treatment. MRI can detect some changes that CT may miss, although the appropriate imaging depends on the patient’s circumstances and the judgment of medical professionals.
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Symptoms to Take Seriously
Headaches, Dizziness, Irritability
A traumatic brain injury can affect physical, cognitive and emotional functioning. Symptoms that require medical attention can include persistent headaches, dizziness, difficulty concentrating, memory gaps, sensitivity to light or noise, disrupted sleep, irritability and unusual changes in mood or personality.
Memory Loss, Fatigue
A person may have difficulty finding familiar words, following a conversation or completing tasks that previously seemed routine. Memory loss can involve recent conversations, appointments or events surrounding the injury. Some people may also experience fatigue or a sense that ordinary mental activities require much more effort.
Role of Family Members
Family members frequently provide an important perspective because they can compare the person’s behavior before and after the injury. A spouse may notice a change in patience or personality. A coworker may see problems with concentration or completing familiar responsibilities. A parent may notice that a previously independent person now needs assistance.
Report Signs to the Doctor
These observations do not establish a diagnosis by themselves. They can, however, provide useful information for medical professionals evaluating what changed after the injury. Promptly reporting symptoms and following appropriate medical advice can help create a clearer record of the person’s condition and recovery.
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How a Brain Injury Is Proved
Medical Records
A brain injury claim can require evidence from several sources. Contemporaneous medical records are important because they document what happened after the accident, what symptoms were reported, what examinations were performed and what treatment was recommended.
Advanced Imaging
Advanced imaging may be appropriate in some circumstances. Physicians determine whether CT, MRI or other diagnostic testing is warranted based on the patient’s condition. A normal CT does not by itself eliminate the possibility of a mild traumatic brain injury or concussion.
Neuropsychological Tests
Neuropsychological evaluation can also provide useful evidence. The CDC explains that neuropsychological or neurocognitive tests can assess areas such as learning, memory, concentration and problem solving in people with mild TBI or concussion. These evaluations can help identify functional problems that may not be apparent from a basic examination or imaging study.
Professional Opinion
Treating physicians can provide opinions concerning diagnosis, prognosis, treatment and the relationship between the injury and continuing symptoms. The person’s medical history before the incident may also be relevant when assessing whether changes developed afterward.
Family’s Observations
Evidence from people who knew the injured person before and after the accident can be particularly important in mild TBI cases. Family members and coworkers may describe changes in memory, communication, work performance, mood and personality. That before-and-after comparison can provide context that a medical record alone may not capture.
For severe injuries, the evaluation may also need to address future care, rehabilitation and the effect on employment. A life care plan and vocational analysis may become relevant when the injury creates permanent limitations.
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What a Brain Injury Claim Can Cover
A brain injury claim can involve losses that extend well beyond the initial emergency treatment. The nature and severity of the injury, its effect on daily life, and the evidence supporting those effects all matter when evaluating the claim.
- Medical Care and Rehabilitation: A claim may include medical treatment already received and reasonably necessary future care, including neurological treatment, rehabilitation, cognitive therapy, counseling, and medication.
- Lost Income: Time away from work caused by the injury may be considered, along with income lost because the person cannot return to employment.
- Lost Earning Capacity: Cognitive or physical limitations may affect a person’s ability to perform the same occupation or pursue future employment.
- Attendant Care: Severe injuries may require continuing assistance with medication, finances, transportation, personal care, or ordinary daily activities.
- Pain and Suffering: Brain injuries can affect memory, concentration, personality, relationships, independence, and quality of life in ways that medical bills alone do not reflect.
The appropriate damages depend on the medical evidence and the individual’s functional limitations. Magnolia traumatic brain injury lawyer John Ghezzi evaluates how the injury has affected the person’s health, work, independence, and daily life rather than treating every brain injury claim as the same.
Common Causes in Montgomery County
Traumatic brain injuries can arise from many incidents, and identifying how the injury occurred is important when determining what evidence needs to be examined. Brain injury attorney Montgomery County John Ghezzi evaluates the circumstances surrounding the incident and the connection between the event and the resulting injury.
- Vehicle Collisions: Car accidents and other passenger vehicle crashes can cause substantial head trauma, including injuries resulting from an impact with another vehicle or the surrounding vehicle interior.
- Commercial Vehicle Accidents: Commercial truck crashes are a key cause of TBIs in Texas. The size and weight of a fully loaded 18-wheeler compared to passenger vehicles creates a high risk of devastating injuries upon impact.
- Falls: Falls can produce significant brain injuries when a person strikes their head against pavement, flooring, equipment, or another hard surface.
- Workplace Accidents: Falls, struck-by accidents, equipment failures, and other catastrophic events can lead to serious head trauma, making workplace and industrial incidents a common cause of TBIs.
- Assaults: An assault or other intentional act can also result in a traumatic brain injury requiring medical evaluation and documentation.
The investigation depends on the circumstances. Crash cases may require examination of collision evidence and driver conduct, while workplace incidents may involve equipment records, site conditions, and safety procedures. John Ghezzi considers the available evidence and the circumstances connecting the incident to the brain injury.
COMMON QUESTIONS
Frequently Asked Questions
My CT Scan Was Normal. Do I Still Have A Case?
A normal CT scan does not automatically rule out a mild traumatic brain injury or concussion. Medical records, reported symptoms, clinical examinations, neuropsychological testing, appropriate imaging and evidence of changes in functioning may all be relevant. The CDC notes that CT is not required to identify every mild TBI.
How Long Do I Have To File?
Texas generally requires a personal injury lawsuit to be filed within two years after the cause of action accrues. Texas Civil Practice and Remedies Code Section 16.003 establishes that limitations period for personal injury claims, subject to statutory exceptions and special rules. Because the applicable deadline can depend on the circumstances, an injured person should not assume that the general period applies without reviewing the claim.
What If Symptoms Started Weeks After The Accident?
Symptoms can become noticeable after the initial injury, and a person may not immediately recognize that changes in memory, concentration, mood or behavior are connected to the accident. Medical documentation remains important. Tell a healthcare provider about the symptoms, when they began and the earlier accident so the condition can be evaluated appropriately. Get a Proven Magnolia Brain Injury Lawyer on Your Side Following a TBI due to another’s fault, you need a proven and experienced lawyer to handle your case. Magnolia TX traumatic brain injury attorney John Ghezzi has the skills and experience to take on large insurance companies and powerful defendants in these cases. John remains personally involved throughout the representation, giving you a direct point of contact rather than passing your case through layers of staff. The firm has represented clients in significant personal injury matters, including cases resolved through court verdicts and out-of-court settlements. Schedule a free consultation today.
WRITTEN BY
Attorney John Ghezzi has over 30 years of trial experience representing injured Texans. He is a member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. View full bio →