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The Long-Term Effects of Traumatic Brain Injuries: Why You Shouldn’t Settle Too Soon

Caucasian man with a bandage on head.

A traumatic brain injury (TBI) is one of the most devastating outcomes of an accident. Whether caused by a car crash, motorcycle collision, fall, or workplace incident, a TBI can leave lasting physical, cognitive, and emotional effects that may not fully appear until months or even years after the injury. Unfortunately, insurance companies often pressure victims to settle early, before the full extent of the damage is known. 

In California personal injury cases, understanding the long-term impact of a brain injury is essential before agreeing to any settlement. Once you accept a settlement, you generally cannot go back to seek additional compensation, even if new symptoms arise or your condition worsens. Read on for a discussion of this critical area, and contact the California trial attorneys at Kalfayan Merjanian, LLP, to speak with a skilled and experienced California traumatic brain injury lawyer. 

Understanding the Nature of a Traumatic Brain Injury 

A TBI occurs when a sudden impact, jolt, or penetrating wound disrupts normal brain function. Even so-called “mild” TBIs, such as concussions, can have serious long-term consequences. Moderate to severe TBIs often cause permanent damage, altering how a person thinks, feels, and functions in daily life. 

Because every brain injury is unique, the long-term effects vary depending on the area of the brain affected, the force of impact, and how quickly the victim receives medical care. Some people recover within weeks, while others face lifelong disability requiring ongoing therapy and support. 

Common Long-Term Physical Consequences 

Many TBI victims experience chronic physical symptoms that persist long after the initial injury. These may include: 

  • Chronic headaches or migraines that interfere with concentration and daily activities. 
  • Dizziness and balance problems that make walking, climbing stairs, or driving unsafe. 
  • Vision and hearing changes, such as blurred vision, sensitivity to light, or ringing in the ears. 
  • Seizures or neurological complications, which may develop months after the injury. 
  • Sleep disturbances that contribute to fatigue and difficulty functioning. 

These symptoms can severely limit independence and employability. In some cases, victims require lifelong medication or specialized treatment to manage these conditions. 

Cognitive and Memory Impairments 

The brain is responsible for processing, storing, and retrieving information. After a TBI, many victims experience: 

  • Memory loss affecting both short-term and long-term recall. 
  • Difficulty focusing or multitasking, which can impact work performance. 
  • Slowed processing speed, making even routine decisions or conversations challenging. 
  • Impaired problem-solving and judgment, affecting independence and safety. 

Because these impairments often develop gradually, victims and their families may not notice their full extent for weeks or months. Accepting a settlement too soon before neuropsychological testing or rehabilitation can leave victims without the financial support needed for long-term care. 

Emotional and Behavioral Changes 

TBIs don’t just affect the body. They can alter personality and emotional regulation. Victims may experience: 

  • Irritability or sudden mood swings. 
  • Depression or anxiety linked to changes in brain chemistry or lifestyle limitations. 
  • Impulsivity or aggression, straining relationships with family and friends. 
  • Loss of motivation or interest in activities once enjoyed. 

These emotional effects often create additional challenges for families and caregivers. Some of these changes might not be apparent right away, or they may not be linked to the injury at first. A fair settlement can account for counseling, psychiatric care, and the loss of companionship and emotional stability within the household. 

The Hidden Costs of a TBI 

The true cost of a traumatic brain injury extends beyond medical bills. Many victims cannot return to their previous jobs or must reduce their work hours, leading to lost earning capacity. Others face lifelong rehabilitation, adaptive equipment costs, or home modifications. 

Long-term effects may also include: 

  • Chronic pain management requiring specialist care. 
  • Cognitive and occupational therapy to restore daily functioning. 
  • In-home care or assisted living for those unable to live independently. 
  • Transportation and accessibility expenses for disabled victims. 

Because TBIs can have unpredictable recovery paths, it is essential to project future costs before settling. A premature settlement might only cover short-term medical bills, leaving victims without resources for years of ongoing treatment. 

Why You Shouldn’t Settle Too Soon 

After an accident, insurance companies often contact victims quickly with a settlement offer. These offers can be tempting, especially when medical bills are mounting. However, early settlements are designed to limit the insurer’s financial exposure, not to provide full and fair compensation. 

A TBI claim should never be settled until  

  • All symptoms have stabilized or reached maximum medical improvement (MMI). 
  • Long-term care needs are evaluated by medical experts. 
  • Vocational and neuropsychological assessments are completed. 
  • Future costs, including therapy, assistive devices, and home modifications, are fully estimated. 

Accepting a settlement too early can permanently forfeit your right to compensation for future expenses and pain and suffering. 

The Role of Expert Testimony in a Brain Injury Case 

In California, proving the full impact of a traumatic brain injury often requires expert testimony. Neurologists, neuropsychologists, and life care planners can explain how the injury affects brain function, employment, and quality of life. Financial experts can project the cost of future medical care and lost earnings over a lifetime. 

By presenting this evidence, your attorney can demonstrate that the settlement offer must account for not only your immediate needs but also the long-term consequences of your injury. 

Protecting Your Right to Full Compensation 

California law allows TBI victims to recover both economic and non-economic damages. Economic damages cover medical costs, rehabilitation, lost wages, and future care. Non-economic damages address pain, suffering, loss of enjoyment of life, and emotional distress. 

Because brain injuries often evolve over time, it’s crucial to work with an attorney who understands the medical, legal, and financial aspects of TBI cases. The lawyers at Kalfayan Merjanian, LLP, investigate every detail of your injury, consult with leading medical experts, and calculate the full extent of your damages before entering settlement negotiations. 

Contact the California Trial Attorneys at Kalfayan Merjanian Today 

A traumatic brain injury can have life-altering effects that extend far beyond the initial accident. Dizziness, memory loss, emotional changes, and chronic pain may not fully emerge for months or years, but once you settle your case, you cannot go back for more compensation. 

If you or a loved one suffered a TBI in California, don’t rush into a settlement before understanding the long-term consequences. The experienced attorneys at Kalfayan Merjanian, LLP, may be able to help you secure the medical evaluations, expert opinions, and financial compensation you deserve. We fight to ensure that our client settlements reflect not just today’s injuries but the challenges they may face for the rest of their lives. Contact us today. 

 

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