What Accident Victims Should Know About Brain Injury Treatment Options and Legal Claims

Life will never be the same again.

After one accident – whether it’s a car accident, slip-and-fall accident or workplace accident – everything can look completely different. And while you’re likely thinking about who’s at fault and what you’re entitled to from a legal standpoint, there’s one thing that many accident victims don’t realise…

Your treatment decisions in the weeks and months ahead are just as important as your legal decisions.

How you handle the injury from a medical perspective has an enormous impact on recovery. It also directly affects the value of your legal claim.

Let’s take a closer look…

What’s Covered in This Guide:

• Traumatic brain injury explained
• Cognitive Enhancement Therapy (CET) explained
• Treatment options that work for brain injury victims
• Treatment decisions that can make or break a legal claim

What Is a Traumatic Brain Injury?

Traumatic brain injury (TBI) occurs when a strong external force – such as a collision or blow to the head – interrupts normal brain function.

Car accidents, workplace accidents and slip-and-falls are responsible for the majority of TBIs.

In fact, an estimated 2 million Americans sustain a TBI every year. That makes traumatic brain injury the leading cause of death and disability for those under 45 – more common than breast cancer, multiple sclerosis, and spinal cord injuries combined.

Treating, rehabilitating, and caring for victims costs the United States around $30 billion per year.

If you’ve been involved in an accident that wasn’t your fault, it’s important to understand what a traumatic brain injury is and what types of symptoms to look out for.

The range of symptoms vary from mild to severe and everything in-between, including:

• Memory loss
• Mental fog
• Headaches
• Difficulty concentrating and processing information
• Anxiety and depression
• Physical impairment and lack of coordination

…but there’s a problem…

Many TBIs – particularly concussions – can’t be seen on basic imaging scans. Without concrete evidence of trauma, symptoms are often brushed aside and victims can go weeks or months without proper treatment.

That can make recovery difficult, and also has a major impact on your legal claim.

Brain Injury Treatment: What Is Cognitive Enhancement Therapy?

Cognitive enhancement therapy, or CET for short, is currently one of the most successful forms of treatment for brain injuries.

Why?

Well, it starts with a simple fact: your brain can repair and rewire itself.

This is known as neuroplasticity. Cognitive enhancement therapy takes advantage of this natural process using specialised, repetitive exercises that target thought, memory, and learning skills damaged by the brain injury.

Among the best ways to supplement cognitive enhancement therapy is through low-level laser treatments, which help activate cells to repair damage and stimulate blood flow to injured regions of the brain.

Studies have shown that cognitive rehabilitation can lead to real-life improvements no matter how long it’s been since your accident. That includes mild traumatic brain injuries and concussions.

What matters most is finding a qualified specialist who will stick with you and customise your rehabilitation program to your specific needs.

Successful cognitive enhancement therapy should address:

• Attention – including exercises that improve focus and filter out distractions
• Memory – practical techniques to help you remember information on a daily basis
• Executive function – problem solving, planning, and multitasking
• Emotional control – because injuries this severe are just as likely to affect mental health

Brain Injury Treatment Options That Actually Work

As mentioned above, cognitive enhancement therapy isn’t a standalone treatment.

When designed correctly, your recovery plan should incorporate multiple avenues of therapy to provide you with the most well-rounded, personalised treatment available. Here are the categories every brain injury victim should know about:

Neuropsychological Evaluation and Rehabilitation

A neuropsychological evaluation will assess and identify the different areas of brain function affected by your injury.

Think of it as a map used to create a personalised treatment plan based on your individual needs.

Physical and Occupational Therapy

Physical therapy focuses on regaining balance, coordination, and overall strength. Occupational therapy works to restore independence by renewing your ability to complete daily tasks – from cooking, managing bills, and getting dressed to returning to work.

Speech and Language

Communication issues are very common following a brain injury. Working with a speech therapist can help you overcome challenges related to language, expression, and word-finding.

Medication Management

In some cases, medication may be necessary to help manage specific symptoms such as seizures, headaches, or clinical depression. Medication should never be your only course of action, but it can be useful in conjunction with hands-on therapies.

New Treatment Technologies

There are always going to be new treatments popping up that show promise in the brain injury community. Neurofeedback, transcranial stimulation, and virtual reality are just a few options gaining a lot of ground in recent years.

How Brain Injury Treatment Affects a Legal Claim

Here’s something most accident victims don’t stop to consider…

“I don’t care about my legal options right now. I just want to get better.”

That’s completely fair. But here’s the thing most victims don’t think about until it’s too late…

The treatment you choose – and how quickly you start – affects your legal case.

Every year in the U.S., TBI is responsible for around 30% of injury deaths. Insurance companies and courts know how serious these types of injuries can be. But they also know that without documented medical evidence, your word isn’t much.

Here’s how treatment decisions affect a legal claim from start to finish:

• Ongoing treatment = documented evidence. From the initial doctor’s visit to check-ups with specialists, every piece of documented treatment adds to your case.
• Neglected treatment = weakened claim. If there are large gaps in your treatment history, insurance companies will use that against you. They’ll argue (and often win) that your injury must not have been that bad.
• Qualified specialists = stronger case. Neuropsychological evaluations and treatments provided by trained specialists are given more credibility than general practitioner office visits.
• Future treatment needs matter. Just because you stop treatment doesn’t mean you stop incurring medical expenses. Long-term recovery, including cognitive enhancement therapy, should be calculated into any injury claim.

While you should definitely make your health the number one priority, hiring a qualified personal injury attorney and filing a claim as soon as possible can help you both financially and medically.

You’ve already been through enough as it is. Don’t let paperwork be the cause of any more stress.

Why Experts Recommend Starting Treatment ASAP

Bottom line:

If you don’t feel better soon after your accident, don’t wait to seek treatment.

Approximately 80% of concussion and TBI patients get better on their own within the first 3 months after their accident. But what about the other 20%?

Enter untreated symptoms.

Symptoms that don’t improve, get better, or vanish over time can be difficult to treat – some never go away. Not only will that affect your quality of life, but it also impacts your legal claim.

If you do need to file a claim, following through with treatment shows insurance companies that you are taking the proper steps to mitigate damages. Failing to treat your injury will harm your case.

Brain Injury Recovery Takes Time (and Patience)

This entire guide is predicated on one thing:

Brain injuries are serious.

Full stop.

Accidents that result in a TBI are nothing to joke about. And if you happen to be on the unfortunate end of another person’s negligence, you have every right to seek compensation for your damages.

But here’s the thing…

Medical expenses, lost wages, pain and suffering – these things aren’t just numbers on a piece of paper. They represent your life.

So take your time with treatment, and take your time with your legal case.

Start by getting the appropriate treatment now. Then contact a local personal injury attorney to discuss your options.