A motor vehicle crash can change your life in an instant, especially when it results in a traumatic brain injury (“TBI”). These injuries can range from mild concussions to severe brain damage, often leading to long-term health complications, financial burdens, and emotional distress. However, these injuries can go unnoticed, often referred to as an “invisible injury.” If you or a loved one believe you have suffered a TBI due to another driver’s negligence, it may be worth discussing with an attorney. As attorneys serving North Dakota and Minnesota, our team is here to help you understand your legal options.

Understanding Traumatic Brain Injuries (TBI)

A TBI occurs when a sudden impact or jolt to the head disrupts normal brain function. In car accidents, this can happen due to:

• Direct impact (hitting the steering wheel, dashboard, or windows)
• Whiplash-related injuries (brain movement inside the skull without external impact)
• Penetrating injuries (debris or shattered glass entering the skull)
• Other injuries following traumatic and/or unexpected head movement

Common Symptoms Of A TBI Include:

• Headaches, dizziness, and nausea
• Memory loss and cognitive impairment
• Difficulty concentrating
• Mood swings, depression, or anxiety
• Sensory changes, including blurred vision or ringing in the ears
• Loss of consciousness (in severe cases)

Even if symptoms seem minor, seeking immediate medical attention is crucial. Many TBIs worsen over time without proper diagnosis and treatment.

Who Is Liable For Your TBI?

In North Dakota and Minnesota, liability for a car accident-related TBI depends on negligence. If another driver was careless or reckless—whether due to speeding, distracted driving, or driving under the influence—you may have a personal injury claim. Potentially liable parties include:

• Negligent drivers (those who caused the crash due to recklessness or inattention)
• Trucking companies (if a commercial vehicle was involved and violated safety regulations)
• Auto manufacturers (if a vehicle defect contributed to the injury)
• Government entities (if hazardous road conditions played a role in the accident)

Your Legal Options For Compensation

If you sustained a TBI in a car accident, you may be entitled to compensation for:

• Medical expenses (hospital bills, rehabilitation, therapy, and ongoing care)
• Lost wages (income lost due to recovery or permanent disability)
• Pain and suffering (emotional and physical distress caused by the injury)
• Loss of enjoyment of life (if the injury affects your daily activities and well-being)
• Wrongful death claims (if a loved one tragically passed due to a TBI)
• Other claims (as defined under North Dakota and Minnesota law)

Challenges In “Invisible Injury” Cases

Personal injury cases involving invisible injuries, such as TBIs, particularly mild traumatic brain injuries (mTBI), present unique challenges due to the lack of visible proof of harm. Unlike broken bones or lacerations, which can be easily demonstrated through medical imaging, TBIs often rely on subjective symptoms like memory loss, cognitive impairment, or emotional changes, which are harder to quantify. Defendants frequently argue that the symptoms are exaggerated, preexisting, or psychosomatic, making causation and damages more difficult to establish. Additionally, jurors may struggle to grasp the full impact of the injury without clear medical evidence, which often requiresexpert testimony from neurologists, neuropsychologists, or other specialists to explain the injury’s effects and link them to the accident.

Our team of lawyers can help overcome the challenges of invisible injury cases by gathering strong medical and expert testimony to objectively establish the injury, its cause, and its impact on our clients’ life. We use effective storytelling, demonstrative evidence, and witness testimony to make the injury’s effects tangible for jurors, establishing defense arguments that the harm is exaggerated or unrelated.

Why You Need An Experienced Attorney

Traumatic brain injury cases can be complex, requiring extensive medical evidence, expert testimony, and negotiation with insurance companies. Insurance companies often attempt to minimize payouts or deny claims altogether, especially in cases involving long-term injuries.

As a dedicated personal injury attorney serving North Dakota and Minnesota, I have the experience and resources needed to:

• Investigate the accident and gather critical evidence
• Work with medical professionals to prove the severity of your injury
• Negotiate with insurance companies to secure a fair settlement
• Take your case to trial if necessary to fight for maximum compensation

Take Action Today

If you or a loved one has suffered a traumatic brain injury due to a car accident, don’t wait to seek legal help. You deserve answers and compensation to cover medical expenses, lost income, and the emotional toll of your injury. Contact us at SW&L Attorneys by calling 701-297-2890, or emailing us at: info@swlattorneys.com

This article is for informational purposes only and is subject to our disclaimer.