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Traumatic brain injury is sometimes referred to as a silent epidemic because, following an accident, a brain injury can be hard to diagnose. The symptoms may be hidden for an extended period, particularly for people suffering from a brain injury that is in the "mild" category. Although you, your family, and your friends may know something is not quite right, it can be enormously challenging to prove to insurance adjusters and juries that you experienced a traumatic brain injury at someone else’s hands. This puts the victim of a traumatic brain injury that is in the mild category in a difficult situation, in which the ability to obtain adequate compensation for the injury is in doubt.
Defendants and the insurance companies fail or refuse to compensate victims of traumatic brain injury for a number of reasons:
The brain injury was not diagnosed within days after the accident; The brain injury was caused by something other than blunt force trauma, such as a deceleration or whiplash-type injury, making the insurance adjuster doubt that the injury came from the accident; The brain injury is in the mild category, making the insurer doubt that the injury will require ongoing costly medical treatment; and The brain injury resulted from a closed head injury, and CT Scans and other diagnostic tests/scans do not provide conclusive evidence of a brain injury.When compensation is denied by an insurance company to a traumatic brain injury victim, it is often necessary to obtain advice from a Virginia brain injury lawyer who can assess the case.
