Last month, we explored why traumatic brain injuries (TBIs) deserve more attention in auto accident cases. In that post, we established that TBIs are present in approximately 20% of all motor vehicle crashes, 75% of which are considered “mild,” and that overlooking even these mild TBIs could mean leaving important recovery money on the table for both you and your client.
In this post, we’re taking the next step: equipping you with the tools needed to identify these often-overlooked injuries.
Where to Start with Detecting Mild TBIs
The primary challenge with mild TBIs is right in the name—”mild” creates the misconception that these injuries are inconsequential. However, a mild concussion is merely one in which the patient did not lose consciousness; it doesn’t mean the damage was minimal. In reality, mild TBIs can cause long-term, life-altering symptoms like:
- Headaches
- Depression
- Anxiety disorders
- PTSD
Furthermore, concussions can have compounding effects. This means if a car accident victim has suffered a prior concussion at any point in their past, the damage from this current concussion is often far more likely to be permanent or disabling, even if the current concussion is only classified as mild.
Traditional testing methods like CT scans, MRIs, DTI (Diffusion Tensor Imaging), EEG, and neuropsychological testing excel at identifying severe TBIs, but they can easily miss mild cases. This is a major problem for someone in your position as a personal injury lawyer investigating a car accident case: if 20% of car accident cases have a TBI element, and 75% of those TBIs are easily missed mild cases, then that means you might be overlooking huge recoveries in at least 15% of your total car accident cases!
So, where do we get started? With your very first interaction with a client! At that stage, there are tools you can deploy to make sure and catch these situations early.
The Rivermead Post-Concussion Questionnaire
Your first step is to break out the Rivermead questionnaire. This standardized assessment tool evaluates post-concussion symptoms by comparing current experiences to pre-injury baseline. It covers crucial domains including:
- Cognitive function (memory, concentration, thinking speed)
- Physical symptoms (headaches, dizziness, nausea, sensitivity to noise/light)
- Sleep disturbances
- Emotional changes (irritability, depression, anxiety)
- Behavioral changes (restlessness, frustration)
The Rivermead questionnaire’s strength lies in its comprehensiveness and ability to track symptom changes over time—creating a documented record of your client’s condition from your earliest interaction.
Crash Mechanism Analysis
Beyond recording and documenting initial symptoms, crash mechanism analysis can provide more insight into the possibility and severity of the TBI. This is an investigation into the sequence of events and forces involved in a crash. A few key indicators to look for include:
- Direct head impact
- Airbag deployment
- Moderate or greater property damage
By pairing the Rivermead questionnaire scores with a thorough crash mechanism analysis, firms can identify potential TBIs with high accuracy after the initial attorney call. If everything is pointing towards the possibility of a TBI, the next steps are diagnostic.
Advanced Diagnostic Technologies
Once initial screening suggests a possible TBI, specialized diagnostic tools can provide objective evidence of injury.
Eye-Tracking Technology
Eye movement abnormalities provide reliable, objective biomarkers for TBI detection. Several cranial nerves control eye movement and are particularly vulnerable to injury due to their location and structure within the brain. When these nerves are affected—even subtly—specialized eye-tracking systems can detect abnormalities that traditional imaging might miss.
Two leading technologies in this field include:
EyeBox Test: This FDA-approved system evaluates cranial nerve function by precisely tracking eye movement patterns, generating detailed reports that document specific abnormalities.
RightEye Test: This system measures metrics that correlate to specific brain regions potentially affected by injury.
These technologies provide quantifiable evidence of brain injury that strengthens both treatment protocols and legal documentation—turning subtle, often-disputed symptoms into measurable data points that support your client’s case for additional compensation.
Monitoring and Treatment Verification Tools
Once a TBI is identified, continuous monitoring becomes essential both for treatment effectiveness and case documentation. Remote Therapeutic Monitoring, or RTM, systems like AmDTx can provide an ongoing assessment of:
- Depression scores
- Anxiety levels
- Stress (both self-reported and objectively computed)
- Post-concussive syndrome symptoms
These FDA-approved apps can run on a client’s smartphone, requiring only 45 seconds per measurement and providing objective data visualization over time. This creates a comprehensive record that demonstrates both:
- The ongoing impact of the injury
- The effectiveness of prescribed treatments
For you, the victim’s lawyer, these monitoring tools generate regular reports that can be integrated into your case documentation, showing symptom persistence that might otherwise be difficult to prove.
Bringing It All Together
It almost goes without saying: the use of these various tools creates a powerful package of evidence in your client’s favor:
- Initial screening tools establish early identification.
- Eye-tracking diagnostics provide objective evidence of neurological dysfunction.
- Remote monitoring documents symptom persistence and treatment response.
- Treatment needs and effectiveness demonstrate real-world impact.
Each tool generates specific documentation including diagnostic reports, letters of medical necessity, and treatment plans—all of which strengthen your case while ensuring your client receives appropriate care.
The Five Benefits of Finding Mild TBIs
We recommend implementing these tools and techniques into your auto-accident practice because the benefits are huge:
- Needed Treatment for Clients: Ensuring your clients receive proper care for often-missed injuries
- Increased Case Value: Properly documented TBIs can significantly enhance case value
- Faster Policy Limits Recovery: Objective evidence of TBI can expedite policy limits offers
- More Money in Client’s Pocket: Higher settlements translate to better client outcomes
- Opening Policies for Excess Judgment: In appropriate cases, documented TBIs can provide leverage for excess judgments
The Next Steps for YOUR Firm
Implementing a comprehensive TBI identification protocol requires expertise and resources. Don’t leave these valuable cases—and your client’s health—to chance.
The tools to identify TBIs exist today and implementing them in your practice can transform both case outcomes and client care. For more information on implementing TBI identification protocols in your firm, contact your law firm consultants at Xcelerator today.
