Neurocognitive deficits caused by a mild traumatic brain injury (TBI) remain one of the most challenging injuries to prove in personal injury litigation. Often, mild TBIs are not diagnosed by emergency personnel, who are more focused on more obvious injuries. Careless or unskilled PCPs may miss the diagnosis on follow up, particularly when the patient does not complain of a concurrent physical manifestation such as tinnitus, dizziness, loss of hearing or visual impairment. In some cases, the injury victim’s lawyer is the first professional to suspect brain damage, which fact is used against the injured party.
On behalf of Mishkind Kulwicki Law Co., L.P.A.