A common defense in mild Traumatic Brain Injury (mTBI) cases is that the plaintiff should have recovered from his or her mTBI within a few months (or less) of the initial injury. Usually, the plaintiff’s attorney will hire one or more expert witnesses (typically neurologists or neuropsychologists), who can refute this defense. A recent study that came out this year may help shoot down this defense as well.
Recent Study
On June 3, 2019, JAMA Neurology published a new study entitled Recovery After Mild Traumatic Brain Injury in Patients Presenting to US Level I Trauma Centers: A Transforming Research and Clinical Knowledge in Traumatic Brain Injury (TRACK-TBI) Study. This study involved mTBI patients, who presented to US level I trauma centers and were enrolled in the study from February 26, 2014 to August 8, 2018. The study followed up with the patients for 12 months. A total of 1,453 patients at 11 level I trauma center emergency departments or inpatient units (1,154 mTBI patients) were enrolled within 24 hours of the injury. 299 patients with peripheral orthopedic trauma injury served as the control (OTC) group in the study.
Of the 1,453 participants, 953 were men, and the average age was 40.9 years in the mTBI group. Most participants (87% mTBI) reported functional limitations at 2 weeks. At 12 months, the percentage of mTBI participants reporting functional limitations was 53%.
The study concluded that “most patients with mTBI presenting to US level I trauma centers report persistent, injury-related life difficulties at 1-year post-injury, suggesting the need for more systematic follow-up of patients with mTBI to provide treatments and reduce the risk of chronic problems after mTBI.”
Conclusion
If you have a TBI due to a motor vehicle collision, fall, or another incident, it may be in your best interest to contact an attorney to protect your rights. If you have been injured and are looking to consult with an attorney, please give the Personal Injury Team of SW&L a call at 701-297-2890 or via the contact form below. All consultations are free of charge, and any case for personal injury is on a contingency fee basis only, meaning we only recover fees if we are able to get you compensation for your harms and losses.
Also, be sure to read Part One and Part Three of our traumatic brain injury blog post.
The information contained in this article and on this website is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem you may have related to your injuries.
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