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Personal Injury 12.08.2021

Should I Wait to Reach Maximum Medical Improvement Before Resolving My TBI Claim?

Traumatic brain injury (TBI) is an injury to the brain caused by an external force. TBIs can be classified by severity from mild to severe brain injury. TBI symptoms can manifest themselves in physically, cognitively, socially, emotionally, and behaviorally. The TBI outcomes can range from complete recovery to permanent disability or even death. Medical science has advanced in terms of diagnosis and treatment, but there is still more to discover because the brain is so complex. The symptoms of a traumatic brain injury are not always readily apparent. Some symptoms may not be present for months or years. This makes diagnosis more difficult.

A TBI can occur with or without a loss of consciousness and even without a direct blow to the head, if manifested by feeling dazed, disoriented, or confused or having any loss of memory either before or after the accident.

TBI treatment is mainly rehabilitation which can take long time. According to the Jama Neurology report even a mild TBI like a simple concussion can affect brain function for up to twelve months. The research found:

"“The term mild TBI misrepresents the immediate and long-term burden of TBI and other cooccurring factors experienced by this patient population.”" (“AMA Journal concludes that “the term mild TBI ...”)

However, there are those minority of cases in which some mild TBI injuries can have some symptoms that can last a lifetime.

In contrast, moderate to severe brain injuries can take considerably longer to reach maximum medical improvement (MMI). The CDC reports that Moderate and severe traumatic brain injury (TBI) can lead to a lifetime of physical, cognitive, emotional, and behavioral changes. "These changes may affect a person’s ability to function in their everyday life." (“Moderate to Severe Traumatic Brain Injury is a Lifelong ...”). This can be called residual post concussion syndrome. 

Every brain injury is unique and complex under specific circumstances of a traumatic brain injury, you should not accept an early settlement offer, until you have reached maximum medical improvement (MMI). The don’t always the same pattern during recovery and you could see setbacks. Once you accept you cannot come back later to seek more money because the injuries were worse or lasted longer than you thought. Therefore, when you reach MMI you know the full extent of TBI injury. In other words, you should negotiate a TBI settlement when you are confident you know the nature and extent of the brain injury.

If you or loved are a brain injury victim that has been treated by a physician, contact the traumatic brain injury lawyers at the Joseph Dedvukaj Firm to speak to one of our experienced team members regarding your injury. The medical evaluation results can be used to determine the amount of compensation you may receive from the parties responsible for your injuries. Like any other injury, the sooner symptoms are documented, the faster your physicians and your traumatic brain injury attorney can begin getting you the medical care needed and compensation you deserve.

Why Wait To Settle My TBI Case for a Year or More?

TBI cases are complex and sensitive because the uncertain outcome associated with rehabilitation. You should reach maximum medical improvement before you consider an offer.  You should call a personal injury attorney as soon as your condition stabilizes after the accident. Getting legal help right away will give your legal team the chance to secure time-sensitive evidence which can disappear. It will also give your personal injury lawyer the opportunity to take eyewitness statements while the circumstances surrounding the accident are still fresh in everyone’s minds.

Finally, in Michigan, most personal injury claimants have three years from the date on which they were hurt to file a formal lawsuit. (some exceptions exist).

Call 1-866-HIRE-JOE to Discuss Your Brain Injury Case with a Michigan Brain Injury Lawyer

If you’re living with a TBI because someone negligent or failed to exercise reasonable care, hire Joseph Dedvukaj Personal Injury Lawyers. We have secured hundreds of millions in settlements and verdicts on behalf of accident victims and their loved ones.

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The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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