Did you walk away from an accident feeling “fine”?
Yeah, most people do. Your adrenaline pumps. You run your hands down your body looking for cuts and scrapes and then go home. Days later the headaches set in. Followed by brain fog. Followed by… Oh, where did those keys go?! … again.
Here’s the problem:
There may not be immediate symptoms after suffering from a mild traumatic brain injury (mTBI). By the time they appear…
- Your health
- Your recovery time
- Your injury claim
“Mild” does not mean minor.
Learn why delayed symptoms occur, what warning signs to look for & why seeking medical attention ASAP is your best option.
Here’s what’s inside:
- What Is A Mild Traumatic Brain Injury?
- Why Brain Injury Symptoms Show Up Late
- Warning Signs You Should Never Ignore
- How Medical Documentation May Affect a Personal Injury Claim
- Why Early Medical Care Changes Everything
What Is A Mild Traumatic Brain Injury?
A mild traumatic brain injury occurs when a blow or jolt to the head temporarily affects how your brain functions. A concussion is another term for it.
You don’t even have to bump your head to receive one. The brain can be jarred inside your skull from severe whiplash in a rear-ender.
Believe it or not, it happens often. According to the CDC, there are over 586 TBI-related hospitalizations every day in the United States. That doesn’t count those who visited urgent care… or those who never sought medical attention whatsoever.
Another aspect few people consider is legal. If someone got injured by a drunk driver or negligent trucking company, they may be entitled to punitive damages. Punitive damages are awarded in cases of gross negligence, rather than simple human error. Demonstrating that level of reckless behavior requires solid medical evidence, which is why a dedicated team of attorneys will likely advise you to see a doctor as soon as possible. A delay in seeking medical attention may result in less contemporaneous documentation of the injury, which may be considered alongside other evidence in a personal injury claim. A delay between an accident and the first medical examination may be considered alongside other evidence when the nature and timing of an injury are assessed.
Why Brain Injury Symptoms Show Up Late
This is the part that catches most people off guard…
Some symptoms following a brain injury may be apparent immediately. Some symptoms may not be immediately recognised and can become more noticeable during the hours or days following an injury.
Here are the 3x biggest reasons why:
Adrenaline Masks The Pain
Immediately following a collision, your body releases stress hormones. The body’s stress response following an accident may temporarily reduce awareness of pain or other symptoms, which can become more noticeable after the immediate stress of the event has passed.
The Brain Keeps Changing After The Hit
A concussion results from the traumatic event, but its symptoms may not always be immediately apparent. Changes in brain function following the injury can contribute to symptoms that develop or become more noticeable over time. Some head injuries can also cause intracranial bleeding, which is distinct from concussion and may require urgent medical treatment. The risk of intracranial bleeding following head trauma can be of particular concern in older adults and people taking anticoagulant medication.
Everyday Life Hides The Signs
Think about it:
Everyone feels tired, irritable or slightly forgetful after a stressful week, don’t they? That’s how most people ignore early symptoms of brain injury. They attribute them to work, lack of sleep or stress… and never realize they are caused by the accident.
Warning Signs You Should Never Ignore
Not every symptom is an emergency. But some are.
Look for these delayed symptoms following any head injury, even if they occur days or weeks later:
- Headaches that won’t go away: especially ones that keep getting worse.
- Memory and focus problems: trouble following conversations or remembering recent events.
- Sleep changes: sleeping far more (or far less) than usual.
- Mood swings: feeling irritable, anxious or down for no clear reason.
- Sensitivity to light and noise: everyday sounds and screens suddenly feel painful.
Get emergency care right away if you notice:
- Repeated vomiting
- Slurred speech or weakness on one side
- Seizures
- One pupil larger than the other
- Growing confusion or trouble waking up
These can point to bleeding or swelling on the brain. Don’t wait it out.
How Medical Documentation May Affect a Personal Injury Claim
Here’s something that surprises most injury victims…
Delayed doctor visits can harm your health. They can harm your claim as well.
Texas refers to punitive damages as exemplary damages. They’re only awarded upon proof by clear and convincing evidence that the other side acted with fraud, malice, or gross negligence. Imagine a driver texting while driving at high speeds. Or a company that knowingly allowed an unsafe truck back on the road.
Texas limits exemplary damages in most cases. Generally, the maximum is the greater of $200,000 or two times the amount of economic damages, plus noneconomic damages awarded by the jury up to a maximum of $750,000. Certain statutory exceptions may apply.
An important consideration is that…
Your punitive damages cap is built on your economic damages. Medical bills, records and doctor’s notes determine how high a punitive damage award can be.
Delays in seeking medical attention may result in less contemporaneous medical documentation, which can be one of several factors considered in a personal injury claim.
Why Early Medical Care Changes Everything
Early medical assessment can help identify complications, establish an appropriate diagnosis and provide guidance on recovery.
Evidence from the TRACK-TBI study highlights the potential for prolonged recovery after mild traumatic brain injury. Among participants with a Glasgow Coma Scale score of 15 and a negative head CT scan, 56% of those assessed at six months had incomplete functional recovery.
Scary, right?
A different TRACK-TBI study focused on individuals who reported believing they did not require follow-up care. Approximately 44% of these individuals had not recovered fully by one year.
Early medical attention helps you:
- Identify potentially serious complications, including intracranial bleeding, that may require urgent treatment.
- Begin the appropriate recovery program: rest, rehabilitation and return to work safely.
- Create a medical record: that ties your injuries to the accident.
Even if you get a clean scan, don’t celebrate just yet. Follow the medical advice provided after the injury and seek further medical assessment if symptoms develop, persist or worsen.
The Bottom Line On Delayed Brain Injury Symptoms
A mild traumatic brain injury can slowly sneak up on your life. Symptoms may not present themselves until days or weeks later. By the time you notice something is wrong, precious time has passed. To review quickly:
- Get checked after any crash, fall or blow to the head
- Watch for delayed symptoms over the next few weeks
- Take emergency warning signs seriously
- Keep every medical record and bill
- Follow up, even when you feel “fine”
Symptoms following a head injury should be taken seriously, particularly when they are new, persistent or worsening. Don’t let your symptoms decide when…
Frequently Asked Questions
How long can concussion symptoms be delayed?
Symptoms may develop within hours. Some may take days or weeks to develop. That’s why doctors advise monitoring for new or worsening symptoms after any head injury.
Can you get punitive damages for a brain injury?
Yes, but only in rare cases. Punitive damages apply only to injuries resulting from gross negligence, malice or fraud. Simple negligence does not typically rise to that level. Medical records may provide important evidence about the nature, timing and severity of an injury, although entitlement to exemplary damages depends on the specific facts and applicable law.
Should you see a doctor if your CT scan was normal?
Correct. A normal CT scan does not necessarily exclude concussion, as concussion is primarily a clinical diagnosis. Some people may continue to experience symptoms such as headaches, problems with concentration or fatigue after the injury.
Disclaimer: This article is provided for general informational and educational purposes only and does not constitute medical or legal advice. Information concerning mild traumatic brain injury, concussion, symptoms, diagnosis, imaging, treatment and recovery should not replace assessment or advice from a qualified healthcare professional. Anyone experiencing new, persistent or worsening symptoms following a head injury should seek appropriate medical attention, and emergency symptoms require urgent medical care. References to personal injury claims, exemplary or punitive damages, evidential requirements and Texas law are general information only and should not be relied upon as legal advice. Laws and their application can change and vary according to the facts and jurisdiction. Readers should consult a suitably qualified lawyer regarding their individual circumstances. Open MedScience does not endorse any healthcare provider, legal practitioner, law firm, treatment or service mentioned or linked within this article.
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