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What Your Lawyer Must Know About
“Mild” Traumatic Brain Injury, Part 2

  1. That the injured person gave different versions of what happened in the accident, and this is some times to be expected because the injured person with a traumatic brain injury is a very poor historian of what happened.
  2. That the patient only related two or three problems following the accident and family members and close friends relate twenty or thirty problems, including personality changes.what_2_diag
  3. That the person was able to continue with his/her (current) employment but if he/she is given new responsibility, promoted, transferred to another job or obtains new employment, he/she may have tremendous difficulty and end up getting fired.
  4. That the term “post concussion syndrome” may be traumatic brain injury.
  5. That attention and concentration difficulties may mean that the person suffered damage to the frontal lobe of the brain.
  6. That personality changes may mean that the person suffered damage to the frontal lobe of the brain.
  7. That new symptoms have appeared since the accident and other symptoms have disappeared.
  8. That the person has a perfect neurological exam, since this exam does not reveal the neuro- psychological deficits associated with traumatic brain injury.
  9. That a diagnosis based upon neuro- psychological examination is based upon the entire battery of tests and the entire examination and not the patient’s answer to one question or a series of questions.
All too often, people suffering “mild” brain injury are not properly compensated because their attorneys did not understand the seriousness and far reaching consequences of this devastating condition.




Provided by
Michael V. Kaplen, Esq.

Professorial Lecturer at Law
The George Washington University
School of Law

Chair, State of New York
Traumatic Brain Injury
Services Coordinating Council

3 Term president,
Brain Injury Association of NYS

Past Chair,
American Association for Justice
Traumatic Brain Injury Litigation Group

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