Subjective Complaints in Personal Injury Litigation
Traumatic Brain Injury claims are likely just the beginning of an onslaught of “subjective” injury complaints alleged by plaintiffs in personal injury actions. I say subjective because currently, there are no scientifically accepted methods to test a person for a traumatic brain injury (TBI). Sure, you can check imaging results for contusions, lacerations, and changes to the physical structure of the brain; however, approximately 75% of traumatic brain injuries are mild and considered “concussions.” This means many of the TBI claims made by plaintiffs likely cannot be scientifically verified in the same way we can conclusively identify an injury such as a broken bone. Generally, most patients recover from a mild TBI/concussion; however, some patients experience persisting problems related to their head injury. This is where the meat and potatoes for plaintiffs’ attorneys lie: any reference to loss of consciousness, memory problems, moodiness, headaches, depression, anxiety, and general cognitive issues causes dollar signs to flash before plaintiffs’ attorneys’ eyes.