A traumatic brain injury or TBI, which often results from a strong blow to the head, can cause damage to many areas of the brain, including those that control memory and other cognitive functions. A concussion is a type of TBI that happens when an impact or jolt to the head causes the brain to move back and forth, bouncing or twisting in the skull. This can cause chemical changes in the brain and damage some neurons, and in some cases, the injured person’s memory may be affected.
Memory loss can occur in several ways. Some people struggle with forming new memories but recall most of their previously formed memories. Others may have a “blank spot” in their memory, often involving the accident that caused the TBI and some period of time after, known as post-traumatic amnesia. Many people lose recent memories but retain older ones, and long-term memory issues are uncommon with TBIs.
Symptoms of Memory Loss From a Brain Injury
There are different symptoms depending on the type of memory loss. Signs of short-term memory issues may include:
- Forgetting details after a conversation – for example, forgetting to tell your spouse that their boss called about an urgent problem.
- Misplacing commonly used items like your phone or keys because you can’t recall where you left them.
- Having difficulty remembering what you said or did earlier in the day or in the recent past – for instance, asking a family member the same question multiple times because you forgot that you asked and they answered already.
- Losing track of time or not knowing what day it is.
- Struggling to retrace a route you just used.
- Being unable to recall what you read or saw on TV or in a movie recently.
Prospective memory refers to the act of “remembering to remember.” This means keeping information at the forefront of your mind long enough to act on it. Have you ever forgotten why you walked into a room? This happens to most of us occasionally, often because we’re distracted by something else, like a phone conversation. But if it begins happening frequently after a TBI, it may be worth discussing with your doctor. Other symptoms of prospective memory challenges include:
- Forgetting about appointments or arriving at the wrong time.
- Promising to call or visit someone, then forgetting to do it.
- Being unable to recall what you meant to do or were asked to do at work, school, home, or in your community.
- Forgetting about important events like birthdays of loved ones, anniversaries, or holidays.
- Failing to take your medication on schedule because you forgot about it.
- Forgetting to pick up your kids from school or daycare at the usual time.
What If You Can’t Remember the Details of Your Injury?
This can be frustrating for multiple reasons. Being unable to recall a significant event can be upsetting all on its own. Additionally, it can be a problem if you’re asked to recall the accident or incident by police or insurance investigators.
Unfortunately, your lack of memory may put you at a disadvantage in these situations. For example, if you were in a car accident and don’t recall what happened, the investigating officer will only have the other driver’s account to rely on, unless other witnesses were present. What if the other driver claims that you were at fault? They might say that you ran a stop sign at a four-way stop when in fact, they were the one who ran the stop sign. If you can’t remember anything about the event, the responding officer may conclude the other driver’s story is what happened and you were at fault. You’ll probably be issued a citation, but worse than that, the other driver and their insurance company will expect you or your car insurance carrier to cover their costs. Your own medical costs that aren’t covered by health insurance may or may not be covered by your car insurance, depending on the type of policy you have.
What can you do in this situation? Some people think that going to a doctor or therapist might help them recover their memories of the accident. However, research suggests that people who suffer a TBI and don’t recall the accident usually didn’t form any memories of it in the first place due to their injury. If you never formed memories of your accident, there is nothing to recover. A doctor or therapist may be able to help you with other symptoms, but chances are you will not remember the event.
Does That Mean You Have to Take Responsibility for the Accident?
No, not necessarily. Just because you don’t remember what happened doesn’t automatically mean the injury was your fault. If you’re in a situation where you can’t remember your accident and the other driver/insurance company want to blame you, don’t agree to or sign anything until you speak with an attorney. Our investigative team can look into the accident and gather evidence. We’ll return to the scene, search for witnesses who might have been missed, request phone records and vehicle black box data, and seek out video evidence from traffic, doorbell, or surveillance cameras. We may be able to build a case in your favor even if you can’t remember a thing.
Proving that the other driver was at fault could help protect you from a lawsuit, higher insurance rates, and other financial setbacks, but there are other benefits. If the other driver was responsible, you can seek compensation from them or their insurance carrier for your own damages, including:
- Medical bills and related expenses. The initial diagnosis and treatment of a TBI can be costly, from imaging tests to medication or surgery in more severe cases. If you have chronic cognitive or memory problems following a TBI, you may need to continue seeing doctors or seek care from an occupational therapist. Unfortunately, there are not currently many treatments to improve memory difficulties, although medication is helpful for some patients. Many people benefit from compensatory strategies, in which a therapist teaches the patient methods to work with their current abilities. If your memory difficulties are severe, you may also need assistance with daily activities or in-home care. Your attorney will consider all these expenses when calculating your damages.
- Lost income and earning potential. Aside from time missed at work while you were in the hospital or recovering at home, you might also find that memory issues make it more difficult or even impossible to do your job. If you can no longer work or can only do so in a reduced capacity, then you’ve suffered a loss of earning potential as a result of your TBI.
- Pain and suffering. Dealing with memory loss or other cognitive difficulties after a TBI can be incredibly stressful and frustrating, and some patients find that it leads to arguments or other difficulties in their relationships. It’s also helpful to remember that a TBI increases the risk of mental health challenges like anxiety, depression, and PTSD, and you should not hesitate to seek help if your emotional state has declined. In addition, you may also suffer from painful headaches or other lingering symptoms from your head injury.
- Permanent disability. Once you’ve improved as much as possible with therapy and other treatments, if you still have significant memory or cognitive deficits, you may meet the criteria for a permanent disability.
- Other damages. These may include property damage to your vehicle, travel expenses to see a specialist, and other costs you may not have thought about.
How Can the CEO Lawyer Personal Injury Law Firm Help You Recover Damages After a TBI?
Insurance companies will use every trick they can think of to avoid paying your claim. In the event that they do make a fast settlement offer, it’s possible they are heavily underestimating what your damages are worth. We highly recommend that you seek legal advice from a brain injury lawyer before you sign any agreement with the insurance carrier.
The CEO Lawyer Personal Injury Law Firm was founded by attorney Ali Awad and within a few years, it became one of the fastest-growing law firms in the country. Our focus is helping injured people secure the compensation they deserve to help with their recovery and long-term care. Please contact us today for a free consultation. We work on a contingency basis, so if we take your case, you don’t have to pay us anything until we win or settle your claim.
