If you work in personal injury law, you know auto accident cases matter to your business. It’s no surprise that for many of our clients, auto cases dominate their practice. In a country where cars are essential to daily life, accidents happen constantly—creating a steady stream of people who need legal help and compensation for their injuries.
Are you leaving money on the table by not focusing on the possibilities of traumatic brain injuries (TBIs) in your auto cases? TBIs are far more common in auto accidents than many attorneys realize. While broken bones, whiplash, and visible injuries often dominate a case, TBIs frequently remain hidden—especially when victims suffer no direct impact to the head.
Recognizing the potential for TBIs in more cases isn’t just about maximizing settlements; it’s about ensuring your clients get the care and financial support they need. In this post, we’ll explore how TBIs are present in more cases than you might expect and why it’s crucial to pursue these claims to their full extent.
Just How Prevalent Are TBIs in Car Accidents?
TBIs are so prevalent in vehicle accidents that the statistics border on shocking. According to the International Brain Injury Association, vehicle crashes account for approximately 50% of all TBIs. They also found that around one million Americans are treated for TBIs every year, which means at least 500,000 of those TBIs likely came from some type of crash, be it from a car, truck, motorcycle, or pedestrian-involved collision. The Centers for Disease Control and Prevention (CDC) also reports that these auto accidents account for approximately 17% of all TBI-related fatalities in the United States.
Looking at the available data from a different angle underscores the urgency. An Oxford University study found that 20.2% of all auto accidents resulted in some kind of TBI, be it mild or severe. Additionally, they found that—perhaps unsurprisingly—pedestrians, cyclists, and motorcyclists had a higher prevalence of TBI compared to car occupants. This shows that not only is the possibility of a TBI in your car accident high but other auto-related cases are likely to include it as well.
Why Are TBIs Overlooked in Some Car Accident Cases?
Traumatic brain injuries (TBIs) are frequently overlooked in car accident cases due to several factors that impede timely diagnosis and treatment. One reason is that many TBIs do not present immediate or obvious symptoms. In fact, research indicates that as many as 56% of TBIs are not detected in emergency rooms, with some studies suggesting that hospital ERs miss TBI diagnoses an astounding 80% of the time. This can be attributed to the subtle nature of TBI symptoms, which may not manifest until hours or days after the accident.
Another contributing factor is the overlap of TBI symptoms with other conditions, leading to misdiagnosis or underreporting. For example, older adults are more likely to be hospitalized and die from a TBI compared to all other age groups. TBIs may be missed or misdiagnosed in older adults because symptoms of TBI overlap with other medical conditions that are more common among older adults, like cognitive decline.
Adrenaline and shock after crashes often mask TBI symptoms, causing victims to overlook injuries or downplay signs that could lead to a proper diagnosis. This deadly combination of delayed symptom onset and symptom overlap contributes to the frequent oversight of TBIs in car accident cases.
Why Should I Pursue TBI Compensation in My Auto Cases?
Ignoring TBIs in auto accident cases can have significant consequences, both for the injured client and the overall value of the claim. TBIs can drastically affect a client’s ability to work, maintain relationships, and perform daily activities, making them one of the most impactful injuries a person can suffer. Injured victims deserve to be compensated accordingly.
Pursuing TBI compensation significantly increases settlement values—as industry data consistently shows. But it’s not just about the bottom line. You also want to ensure that your client receives the proper medical attention, rehabilitation, and financial support they need for the long haul.
From a legal strategy perspective, including TBIs in auto accident claims can also strengthen your case. Brain injuries can require extensive medical treatment, rehabilitation, and even lifelong care. This impacts the calculation of damages and the settlement value, accounting for future medical costs, lost earning capacity, and pain and suffering. Therefore, looking for TBIs is a good approach for both ethical and strategic reasons. You should approach every auto case with an awareness that TBIs may be present—even if they aren’t immediately obvious.
Coming Next Month: How to Find and Prove TBIs
Traumatic brain injuries are more common in auto accident cases than many attorneys realize, and failing to recognize them can lead to undervaluing a claim and leaving clients without the long-term support they need. Even in cases where there’s no direct head impact, TBIs can occur and cause significant, lasting effects. By actively considering TBIs in your cases, you’re not only advocating for your clients’ well-being but also ensuring that settlements reflect the full extent of their injuries.
Next month, we’ll dive into how to identify and prove TBIs in auto accident cases, but for now, the key takeaway is this: TBIs are present in more cases than you might expect, and pursuing these claims is essential for securing justice for your clients.
