Traumatic Brain Injury After a Michigan Accident
Can a traumatic brain injury affect a Michigan accident claim?
A traumatic brain injury (TBI) can have a major impact on your life, and when it is caused by a car accident, it can also affect the legal and insurance claims you may be able to make. Properly documenting the injury, its cause and its effect on your daily life is important to any related claim. After a crash, an injured person may want to consider Personal Injury Protection (PIP) benefits and a third-party personal injury claim depending on the evidence and facts of the case.
Why it matters: Insurers often dispute brain injury claims because symptoms can fluctuate, imaging may not tell the whole story, and the strongest proof may come from records gathered early.
A TBI can be the result of a car crash, truck crash, motorcycle crash, fall, assault or another injury event. The legal issue is not just whether the person hit their head, but whether the injury can be proved, whether someone else may be legally responsible and what insurance or damage rules apply.
For concussions or other head injuries from an auto accident, the claim may involve both insurance benefits or a separate claim against an at-fault person or company. For a fall or assault, the analysis may focus more on negligence, premises liability, intentional conduct, insurance coverage and damages.
Why TBI claims are often disputed
Brain injury cases are often disputed because the symptoms can be hard to see from the outside. A person may look fine in a photograph but still struggle with headaches, dizziness, memory loss, light sensitivity, mood changes, sleep problems or trouble working.
Insurance companies may argue that an injury wasn't very severe if there are gaps in treatment, earlier medical history, normal imaging, inconsistent symptom notes or whether the person kept working after the accident.
They may also argue that a concussion or other TBI is temporary, unrelated or not serious enough to support the damages being claimed.
That is why a brain injury attorney usually starts by reviewing records, not making settlement promises. A lawyer may use these records or other evidence to try to determine whether the medical history, symptom timeline, work problems and daily-life changes support a legally provable brain injury claim.
What evidence helps prove a brain injury claim?
An injured person may need to show that their injury is connected to the accident and demonstrate how their life has changed because of it. Important records for evidence may include:
- emergency, urgent care, hospital and follow-up medical records
- a symptom timeline, including headaches, dizziness, confusion, sleep problems, personality changes or memory loss after a car accident
- observations from family members, friends or coworkers about changes in behavior, focus, mood or daily function
- work records showing missed time, reduced hours, mistakes, accommodations or job-duty changes
- imaging results
- neuropsychological testing or specialist evaluations
- photos, crash reports, incident reports, witness information and insurance correspondence
This is not a guide to diagnosing yourself or a checklist of medical issues. TBIs should be diagnosed by a medical professional. People searching for signs of TBI in themselves should document what has happened, preserve all records available and follow medical instruction.
How Michigan No-Fault/PIP may apply after a crash
If the TBI came from a motor vehicle crash, Michigan no-fault/PIP benefits may be relevant before any lawsuit is reviewed or filed. PIP can help cover certain accident-related expenses, work loss and replacement services, subject to the policy, statutory rules, priority rules and other limits.
When determining the facts of possible PIP benefits, the first legal question is often which insurer is responsible. That can depend on whether the injured person had an auto policy, lived with a covered relative, was in an employer vehicle, was riding a motorcycle, was a pedestrian or bicyclist or whether the assigned claims process applies.
This issue is explained in more detail in our article on Michigan car accident medical bills and PIP priority.
PIP benefits claims are not the same as a lawsuit against the at-fault driver. A head injury claim from a car accident may involve both, but they are reviewed under different rules.
When a third-party injury claim may matter
A third-party claim is a personal injury claim against a person or company whose conduct caused the injury. In a motor vehicle crash, Michigan law limits certain third-party claims for noneconomic loss unless the injured person suffered death, permanent serious disfigurement or a serious impairment of body function.
For a traumatic brain injury claim, serious impairment is often evaluated through objective proof and real-life effects.
Does the injury affect an important body function? Did it change the person's general ability to live normally? What was the person like before the accident compared with after it?
Damages can be different in every case depending on the claim type, the evidence available and the facts of the case. In a personal injury case, damages may include medical care not covered by no-fault benefits, wage or earning-capacity loss, pain and suffering, disability or loss of function, future care and other necessary expenses when the evidence and law support them.
Not every head injury supports a lawsuit. An attorney who handles TBI claims can evaluate whether a lawsuit may be appropriate. An attorney may attempt to identify the responsible parties, preserve evidence, review insurance and determine whether the legal elements are actually supported.
What to do next after a suspected TBI
Always focus first on personal safety and receiving medical care. Get emergency help when needed, report the accident and follow your medical providers' instructions.
The next step should be preserving all available evidence such as:
- medical records, discharge papers, referrals and therapy notes
- a simple symptom timeline
- ask family members to write down changes they observe
- wage records, job-duty notes and missed-work documentation
- photos, crash reports, incident reports and insurance letters
- do not guess about settlement value before the records are reviewed
Michigan Legal Center can review the facts of the case and evaluate whether a head injury claim, brain injury claim or concussion claim may be available based on the insurance issues, evidence and applicable law. You can read more about what a personal injury lawyer does or contact Michigan Legal Center for a case review.