Q. Family members come to us with questions about head injuries that have occurred to their love one. Often nothing abnormal shows up on the MRI or CT scan of the head. Yet, the person's behavior is dramatically different after the head injury. The insurance company acts as if the claim is bizarre and without merit. Clients often ask us if this is true?

 A. Doctors know that there can be damage to the brain which causes dramatic changes in behavior even though there is nothing abnormal on the CT scan or MRI. Family members and friends, therefore, are key witnesses in this type of claim. Some of the signs of head injury doctors look for are: (1) loss of consciousness at the time of the accident; (2) inability to remember the accident; (3) disorientation at the time of the accident; (4) short-term memory problems; (5) visual disturbances; (6) change in personality; and (7) loss of sense of smell due to damage to the olfactory nerve as the brain bounces against the inside of the skull. It is not uncommon for the person with the head injury not to recognize these changes. Testing done by a neuro-psychologist can sometimes verify injury to the brain.

            When a person has suffered an injury to the brain it can have devastating effects on the injured person and his family. Your attorney will explore these losses so that the claim can be properly presented to the insurance company or the court.                  

Typically, an attorney who handles these type cases will recommend that the case not be settled within the first year after the injury. This is because in most head injury cases, the extent of permanent brain damage and loss of function cannot be assessed until that time.

            In summary, injuries to the brain can be quite serious even without fracture of the skull or positive findings on a MRI. These claims should be thoroughly investigated by an attorney of your choice.