Jan 4, 2019

Mild Traumatic Brain Injury - MTBI Attorneys

What is an MTBI?

Not all brain injuries are created equally. Here we discuss MTBI and TBI from a lawyer's perspective. We also detail the conditions indicating injury. Then we talk about the preservation of evidence and getting paid for negligence.

Being in a vegetative or crippled state aside, it's scary with all these new expenses. Bottom line, this tragedy was no fault of yours. It was someone else's negligence. Why is this your responsibility? But you need a key to unlock the door to money.

Brain injury inflammation.
Burning brain.

Mild Traumatic Brain Injury Defined.

Mild Traumatic Brain Injury (“MTBI”) comes with one or more of the following symptoms:

  • Loss of awareness;
  • Loss of one’s memory right before or after the brain injury;
  • Any alteration in mental state at the time of the accident;
  • Focal neurological deficits.

In many MTBI cases, a person may seem just fine on the surface. But sadly, they continue to endure chronic functional problems. Some people suffer long-term effects of MTBI. Doctors call this post-concussion syndrome. (“PCS”). Persons suffering from PCS can experience significant changes in cognition and personality.

In addition, nothing proves "mild" about any "traumatic" brain damage. In contrast, this remains a medical term and should be used in this context. "Mild" can still mean the victim is a vegetable for life.

Brain Ricochets

Most traumatic brain injuries cause widespread damage to the brain. Contrast this with mild brain injury. In the latter case, the injury stays in a localized area. Because the brain ricochets inside the human skull, it gets bruised.

This factor remains common during a jarring and jolting auto collision. Furthermore, a diffuse axonal injury occurs when the nerve cells are torn apart. Localized damage may arise from the brain bouncing into the inner the skull.

The brain stem, frontal lobe, and temporal lobes are vulnerable. Similarly, they are located near bony protrusions inside the skull. So they become bruised most natural. Also, their location near the front of the cranium means a higher chance of forward or backward motion impacts.

Brain Stem Facts.

The brain stem begins at the base of the brain. Furthermore, your brain stem regulates essential arousal and regulatory functions. And the brain stem helps people to remain attentive. Short-term memory is connected to the brain stem as well. Trauma to this area leads to disorientation, frustration, and anger. Most noteworthy, our attorneys work to identify the part of the brain harmed.

That way we can work to identify and mitigate damages for you. All this helps later when we argue damages on your behalf — the limbic system, higher up in the brain than the brain stem. Hence, this helps regulate emotions. Connected to the limbic system are the temporal lobes. Likewise, these are associated with many cognitive skills such as memory and language.

Lobe Damage

Damage to the temporal lobe or seizures causes many behavioral disorders. However, the frontal lobe gets injured the most. Doctors consider all of this our emotional and personality control center. As a result, damage to these parts causes poor judgment and increased impulsivity.

Learn more about Diagnosing an MTB Definition of MTBI

A person with MTBI has a traumphysiological disruption of brain function.

This is usually manifested by at least one of the following:

  • loss of consciousness;
  • loss of memory for events right before or after the accident;
  • alterations in one’s mental state at the time of the injury or collision (e.g., seeing stars, lethargy, or confused);
  • neurological deficit(s) that may be transient but the severity of the injury doesn’t exceed the following:
a. loss of alertness of around 30 minutes or less; b. after 30 minutes, a preliminary Glasgow Coma Scale (GCS) of 13-15; and c. post-traumatic amnesia (“PTA”) not greater than 24 hours.

What to Look For in General.

  • Determine whether or not alertness was lost.
  • Determine the length of unconsciousness.
  • Research if there was an alteration of alertness.
  • Determine the duration of altered alertness.
  • Classify the specifics of how the injury occurred.
  • In addition, determine the history of previous head injuries or concussion by an interview with the patient and family.
  • Find about former alcohol use.
  • Determine former substance use.
  • Thus, determine former vocational pursuits, positions, and durations.
  • Determine former leisure pursuits, to include hobbies, athletics, and other recreational pursuits.
  • As a result, if possible, obtain academic record and rule out pre-existence of attention deficit disorder or learning disabilities.
  • Determine social/legal history.

Medical Issues.

  • Determine one’s current sleep patterns, time to bed, time to sleep, times to wake up, activities during wakefulness, rise time, and relaxed state upon awakening.
  • Determine one’s dietary habits.
  • Research one’s exercise routine.
  • Determine one’s caffeine usage and outline any changes since the injury.
  • Read past medical history.
  • Determine family medical history.
  • Discover his past medications.
  • Determine his current medication; chronicle changes in medications.
  • Correlate his symptomatology with medications. Look at side effects. Determine the use of over-the-counter medications/vitamins/supplements.
  • Review the EEG’s.
  • Research the CT scans of the head.
  • Review the skull x-rays.
  • Review the cervical x-rays, CT’s, and MRI’s.
  • Read the headache history. List headaches to look for sinusitis, tension. TMJ dysfunction, medication/substance withdrawal, migraine. Headaches should be fully characterized and described completely.
  • Describe all one’s vision complaints. Know the difference from blurred vision and diplopia. Evaluate the visual fields and one’s ocular motor skills. Determine if there is the presence of photo phobia, image suppression, image persistence in the patient.
  • Define and describe all the patients pain complaints as well as past/current treatments for same.
  • Define patient's complaints of dizziness, imbalance, and disco-ordination.
  • Appraise patients’ balance by single-foot standing, Romberg, star-march.
  • Appraise patient’s history of balance in low-light conditions.
  • Determine patient’s perilymphatic fistula, cupulolithiasis, and cervical dizziness.
  • Appraise patient’s cardiac status and serum glucose levels as possibly contributory to dizziness. * The term “concussion” should be avoided and replaced with the term “mild traumatic brain injury.”

(MTBI) (American Congress of Rehabilitation Medicine, 1992[3]).

  • Review ENG’s.

ADL’s (Activities of Daily Living) * Characterize the patient’s daily living routine.


  • Completely describe the patient's vocational history.
  • Completely describe the person’s current job description. Include whether or not the work is full-time, part-time, seasonal.
  • Determine for the presence or absence of a supplemental disability insurance income.
  • Find out workers’ compensation TD payment level.
  • Determine the presence of salary agreement.
  • Thus, determine if there is a status vs. wage loss compensation.

MTB Victim’s Psychosocial.

  • Evaluate injury patient for anxiety, depression, panic attacks, somatization, hypochondriasis, malingering.
  • Determine injury patient for issues of secondary gain.
  • Evaluate the injury victim for family system adaptation/adjustment.
  • Differentiate victim’s psychiatric symptoms from iatrogenic or seizure-induced symptoms.

Physical Therapy

  • Evaluate the injury victim for overall fitness and conditioning, muscular strength, the range of motion, sensation, proprioception.
  • Define the injury victim’s pain complaints.
  • Balance/coordination diagnostics.


Tests to Consider:

Firstly, many doctors consider the Wide Range Achievement Test highly. Also, the Motor Free Visual Perception Test. Don't forget about the Test of Visual Perception Skills.

In addition, look at the Santa Clara Valley Perceptual Motor Evaluation MMPI-II. Beck’s Depression Inventory is also valuable in this regard. Furthermore, reading the famous Taylor-Johnson Temperament Analysis proves valuable.

Equally important is the FIRO-B, and Woodcock-Johnson Psychoeducational Battery. More recently the Detroit Tests of Learning Aptitudes have proven beneficial in the overall analysis. Even more, experts generally quote from the Booklet Category Test, and Wisconsin Card Sort. (Trails-A, B Neuropsychological Battery). All of these above tests assist patients.

Conclusion - Get a Lawyer!

Furthermore, as discussed-- MTBI and TBI from a lawyer's perspective. Also, covered were methods to survive and thrive after injuries. Last, we examined the preservation of evidence, life care planning and testing. In conclusion, learn more at (888) 400-9721.

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