When most people return from a flight, they expect to return to normal, day-to-day life. However, as our recent client Mary learned firsthand, sometimes that sense of normalcy is hijacked by other people’s negligence. That’s when an attorney is crucial to help you reclaim it.
Mary was a passenger on a shuttle bus when a T-bone collision changed the trajectory of her life. In the midst of the chaos, Mary was thrown across the interior of the shuttle bus and hit her head on the luggage rack. Following the accident, with no severe external wounds, she was free to leave, but she was far from OK. She was suffering from a mild traumatic brain injury (MTBI), an invisible injury that would be difficult to prove and cause her great anxiety until she received the compensation she needed to reach a place of healing and closure.
“Personal injury law is defined by small moments that happen in the blink of an eye and change the victims’ lives, and Mary is no exception,” said Campbell Williamson, Co-Founder & Partner at Schneider Williamson. “She hit her head on one of the bars on the rack for the luggage, and she had a welt on her forehead and a little bit of bruising, but the injury didn’t even break the skin. She was checked out by paramedics at the scene and continued on her way. It was within a couple of days after the event that she realized she was having problems. And that was just the beginning,” he said.
We had the privilege of helping Mary secure a $1,750,000.00 settlement. This case exhibits the complexities of mild traumatic brain injury settlements and why working with an experienced attorney is of the utmost importance to get the compensation you deserve. Learn more in our case study.
How Do You Prove an Invisible Injury? A Case Study of Schneider Williamson Mild Traumatic Brain Injury Settlements in Atlanta, Georgia
At Schneider Williamson, we understand that proving an ‘invisible injury’ like a mild traumatic brain injury requires a deep understanding of its nuances, from its medical definition to its often subtle yet debilitating symptoms. To truly grasp the complexities of cases like Mary’s, it’s essential to first understand precisely what a mild traumatic brain injury entails through the lens of this recent settlement.
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What is a Mild Traumatic Brain Injury?
A mild traumatic brain injury is a type of brain injury caused by a bump, blow, or jolt to the head or by a blow to the body that causes the head and brain to move rapidly back and forth in what is commonly referred to as “whiplash.” Concussions are a form of mild traumatic brain injury. However, it is important to understand that the associated symptoms can vary greatly.
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What Are Mild Traumatic Brain Injury Symptoms?
The symptoms of a mild traumatic brain injury can vary depending on the severity of the injury, the type of injury sustained, and the person themselves. Generally, they disrupt normal brain function, and mild traumatic brain injury symptoms often include:
- Headaches
- Dizziness
- Changes in vision
- Balance difficulties
- Ringing in the ears
- Sensitivity to light or sound
- Nausea
- Confusion
- Behavioral issues (e.g., fatigue, irritability, anxiety, depression, and sleep problems)
For Mary, many of these were the exact mild traumatic brain injury symptoms she was experiencing. More importantly, however, her injuries represent an important characteristic of these injuries: they can develop and materialize gradually over time.
“Mary had headaches, and she was very sensitive to light,” said Williamson. “Sight and sound stimuli were also particularly troublesome for her. She also had some cognitive deficits and difficulty focusing in areas that have a lot of stimuli. That continued to develop in the first couple of weeks afterward, and she was diagnosed relatively early in the case with a concussion and had relatively ‘standard’ post-concussive type symptoms,” he explained.
These long-term, non-physical effects, ultimately, are what were the most worrisome for Mary.
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What Are the Long-Term Effects of a Mild Traumatic Brain Injury?
When someone suffers a mild traumatic brain injury, they can suffer from a range of long-term effects, such as persistent headaches, dizziness, light sensitivity, sleep disturbances, cognitive impairments, and even emotional difficulties, which can include mood swings, anxiety, and depression.
Further complicating matters is the fact that many victims do not appear to be physically impacted by these injuries, and there are people who recover with time. This was at the heart of Mary’s case.
“What was particularly troublesome for Mary and what was the core of her case was the fact that many people with a mild traumatic brain injury will get better within a few weeks or at least a couple of months,” said Williamson, “but 5 to 15% of mild traumatic brain injury patients have persistent or permanent symptoms related to their injury, which was what Mary was experiencing.”
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Why is it Difficult to Prove a Mild Traumatic Brain Injury?
In this case, we were faced with a common problem – proving the injury and its long-term effects. Because of the “minimal number of individuals” who suffer from the long-term effects of a mild traumatic brain injury, as well as the nature of these injuries, they can be difficult to prove.
So, what is considered a mild traumatic brain injury? Williamson explained, “It’s difficult to prove a mild traumatic brain injury because, by definition, it does not show up on any objective testing. It doesn’t show up on a brain scan. It doesn’t show up on an MRI. There’s another form of imaging called a Diffuse Tensor Imaging (DTI) scan, and it won’t show up on that. Any kind of injury that shows up on these scans is not a mild traumatic brain injury, but is a moderate traumatic brain injury or worse.”
Because of the indistinct nature of these injuries, Williamson explained, they carry a stigma, and there are many people who approach them through the lens of skepticism instead of compassion. This, ultimately, was another obstacle in proving the injury.
“It’s important to remember that, in these situations, there’s an added layer of skepticism because Mary was bringing a personal injury case,” said Jason Schneider, Co-Founder & Managing Partner at Schneider Williamson. “So, she’s dealing with that suspicion that she has some kind of secondary motive. She’s fighting that, and we were fighting that on her behalf,” he said.
Williamson provided some further insights.
“It’s really a bit of a misnomer with this injury because you hear mild traumatic brain injury, and a lot of people think, ‘Well, that’s not that big of a deal. It’s a mild injury,’” explained Williamson. “Well, the reality is that any kind of brain injury is, by definition, a problem and not mild. And there’s a difference between a ‘classification’ of a mild traumatic brain injury and the symptoms that persist with that injury for someone who happens to be in the 5 to 15% of the population of mild traumatic brain injury patients whose symptoms extend more than a year. This was Mary’s situation,” he said.
“This is, essentially, what we had with Mary,” said Williamson. “She’s got this injury, and she’s experiencing these symptoms. The challenge then lies in proving that injury when the injury is invisible and literally doesn’t show up on a photograph or any objective imaging,” he explained.
To further complicate matters, an added challenge compounded the difficulty of helping Mary obtain the compensation she deserved. This challenge? The stigma surrounding these injuries.
“The challenge was really exacerbated by the fact that she saw 3 different neurologists before she finally found a fourth neurologist who correctly diagnosed her and extended the proper care,” said Williamson. “Each of these three neurologists that she saw told her, ‘You’re OK. You may have some lingering symptoms, but you’ll be fine. And they would send her back out into the world. But she was telling them, ‘Look, I’m still not right. I’m still not OK. This is still going on, and I am still having difficulties in my daily life,’” he said.
Because the injuries are invisible, Williamson made it clear that they are frequently misunderstood.
“People see or hear about these injuries, and they think about it the same way you might think of a broken bone or herniated disc in the spinal column,” said Williamson, “but it’s not the same. You don’t heal from it in the same way. There’s no surgery to fix it, and to think of it in that same way is really problematic. That was a major part of the challenge for us because this is a case where we have to convince, ultimately, a jury, but even before then, in negotiations, we had to educate and convince skeptical insurance adjusters and defense attorneys that this ‘invisible injury’ is a very real thing.”
Williamson shined some more light on how difficult invisible injuries can be to prove, “People who know and love Mary even questioned her, asking, ‘Are you sure? You seem fine. How is it that you’re experiencing what you say you’re experiencing?’ It was only after time that their doubts started to melt away because they saw the changes firsthand. That just puts into perspective the difficulty we faced in proving this injury to the twelve strangers who would comprise her jury. That is the challenge – that’s what we were facing.”
“Our client was a very bright and capable professional before this injury,” said Schneider. “If you were to just meet her and talk to her and had no idea that she suffered this injury, you might not even know what she was experiencing due to the invisible nature of the injury. But she was damaged for life. That was the real problem for us in proving this injury. It makes it too easy to dismiss it and say, ‘There’s nothing wrong with you. I’ve spoken with you. I’ve talked to you. You don’t seem like there’s anything wrong with you.’ To truly see the symptoms and problems that they were creating for her, you would have to spend time with her. You’d have to be her husband, one of her family members, or a co-worker who spent a lot of time with her before the wreck. Securing the proper testimony was key to overcoming this obstacle,” he added.
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How to Prove a Traumatic Brain Injury in Georgia
When it comes to proving these injuries to obtain mild traumatic brain injury settlements at Schneider Williamson, there are a few key pieces of evidence:
- Expert and fact witness testimony that paints a clear picture of how the victim has been affected and changed by the injury.
- Medical records and reports that demonstrate “consistent symptomatology over time.”
- Video or photo evidence of the accident.
In this case, we were able to leverage all three to help Mary get full compensation.
“We spoke to all the people who knew her before the accident in this case,” said Williamson, “and one of the ways we were able to prove this case is we had testimony from the manager she reported to at her job at the time that she was hurt. Her manager said, ‘Oh, yeah, it was a distinct difference. She was on the rise and had wonderful reviews at work, and then this wreck happened, and it started going in the opposite direction with the flip of a switch, and it just did not improve.’”
Williamson also described the foundation of their case and a reason why testimony is incredibly important in proving these injuries, especially because the victims of these injuries don’t realize just how much they have changed or been affected.
“When it comes to objectively proving or quantifying her injuries, it was difficult because none of her symptoms could be proven objectively,” explained Williamson. “You won’t find it on imaging or on a photograph. It’s not like when someone breaks a leg, and you see an X-ray and physically recoil. The heart of the evidence of what happened to Mary is what she was experiencing, and that’s where it becomes imperative to get additional evidence and testimony from other people,” he added.
Because Mary’s experience lined up with the supervisor’s testimony and was consistent with what her neurologist acknowledged she was experiencing, we were able to paint a clear picture with professional and personal testimony that showed what she was expressing was what she was actually experiencing.
“There’s credibility when you have consistent information,” added Schneider, “because it’s like anything else in life. If you hear something that somebody just tells you, you might take it with a grain of salt. But then you hear the exact same thing from others; that narrative and experience become much more credible. At some point, it becomes apparent that Mary is telling the truth.”
In this case, we were able to prove all elements of Mary’s damages through the effective use of documentation and expert testimony.
“We utilized an expert ‘life care planner’ who put together a life care plan based on information in her medical records to determine what she would need in the future and what difficulty she might face in the future. Then, we used an expert economist who was able to testify as to the future value of Mary’s life care plan and her future lost wages. These experts were critical in establishing the full extent of Mary’s damages,” Williamson said.
Schneider said that, while this case settled out of court as many do, it only settled because he and Williamson were ready to go to battle for his client, stating he was prepared to draw on current events and research to ensure Mary’s story connected and resonated with the jury.
“We were just really aware of how important it would be to educate the jury about all the new research into brain injuries,” said Schneider. “We were going to discuss how science is just scratching the surface of diagnosing these injuries and how retired football players’ brains during autopsy showed marked changes from repeated concussions.”
Schneider also emphasized the importance of collaborating with the right doctors during this process and of documenting symptoms as soon as possible.
In this case, the neurologist who provided testimony for trial specializes in the finer details of mild traumatic brain injuries and is well-versed in the latest medical literature and research. They were able to explain how much it has changed in recent years, how it continues to evolve, and how it has impacted Mary, which gave her case invaluable credibility.
“Finding the right doctor is incredibly important,” said Schneider. “Mary had several different doctors before she found one who actually listened to her and helped her. It’s incredibly important to get the right medical attention from a doctor who understands these injuries. I think that’s true for any kind of unusual medical condition. In this case, having the doctor share a tremendous wealth of knowledge in her expert testimony was critical,” he said.
Another important piece of evidence we were able to leverage in this case was video evidence of the accident.
“During litigation, we secured video from inside the shuttle bus showing Mary violently striking her head,” said Schneider. “It was critical evidence. The focus group we worked with wanted to see that several times. That is undeniable proof of a violent impact on her head. That kind of visual evidence is what every good lawyer is supposed to gather from dashcams and security footage in this day and age,” he said.
The final component of proving a mild traumatic brain injury is, ultimately, the attorney you choose to work with. Williamson explained, “With these kinds of cases, it’s also important to have a lawyer in your corner who will exhaust every possible avenue to gather evidence, push your case early and aggressively, and never let their foot off the accelerator because, by doing that, you’re preparing the case properly for trial while keeping the defense on their heels the whole time. A seasoned attorney will also ensure evidence, such as video, is preserved for your case.”
“It’s really important when you’ve got an invisible injury, and it’s high stakes to work with a seasoned attorney who will ensure to get every single piece of evidence that the defense has and make sure they’re not holding anything back. That way, we’ll know what they have in their arsenal, and we can strategize around it,” added Schneider.
What Does a $1.75M Mild Traumatic Brain Injury Settlement Mean for the Client?
When it comes to assessing what this settlement means for Mary and similar clients, Williamson was grateful that they can get compensation to help them, but he also understands that a settlement doesn’t automatically mean they are made whole.
“The law says that a person who has been injured is entitled to be made whole, but I don’t know that anyone’s ever been made whole – because how do you value that?” said Williamson. “Obviously, things might never be exactly the same, but what it does is provide validation of what our client was saying they were experiencing, and it also provides a measure of justice. And, frankly, the $1,750,000.00 was the right number, which was really important to Mary,” he explained.
We Have Obtained Millions in Mild Traumatic Brain Injury Settlements. We Can Do the Same For You.
When proving these cases to obtain mild traumatic brain injury settlements, it is imperative to work with compassionate and experienced attorneys who know how to compile evidence, construct a compelling narrative, and present it in a persuasive manner. If you have sustained a mild traumatic brain injury, our team can help prove that it is impossible or exceedingly difficult to deal with life the same way you used to.
“Getting help as early as possible is of the utmost importance,” said Schneider. “Do not sit on this. Begin gathering evidence and information as soon as possible with the assistance of an attorney. When you wait, that’s when videos disappear or get erased, and that’s when witnesses forget details or disappear. And when evidence like that starts to disappear, so do your chances of getting the compensation you deserve. Always hire lawyers early on before this happens – that’s how you prove these injuries,” he emphasized.
Contact us to schedule an appointment to get the compensation you deserve. We will help you reach a place of healing, closure, and normalcy.
FAQs About Mild Traumatic Brain Injury Settlements
Still, you likely have more questions about these types of injuries and the settlements you can get for them when you work with a premier attorney. When discussing these injuries, a term you will likely hear is “closed head injuries,” so it’s essential to understand them.
Let’s start with the question: What does closed head injury mean?
What is a Closed Head Injury?
A closed brain injury refers to a type of injury caused by a rapid forward or backward movement that shakes the brain inside the skull, resulting in bruising and tearing of tissue and blood vessels. Mary experienced this type of injury.
What’s the Difference Between a Closed Head Injury vs. A Concussion?
Essentially, a concussion is a type of closed-head injury. So, while all concussions are a type of closed-head injury, not every closed-head injury is necessarily a concussion.
What Are Closed Head Injury Signs and Symptoms?
Common closed head injury signs and symptoms include:
- Headaches
- Nausea
- Dizziness
- Trouble sleeping
- Loss of consciousness
- Slurred speech
- Confusion
- Seizures
- Blurred vision
If you experience any of the above after an accident, it is essential to work with an attorney at Schneider Williamson to get the compensation you are entitled to.
