When you are involved in an accident, may not always show symptoms immediately. In some cases, symptoms can take days or even weeks to become noticeable. However, it’s important to understand that these injuries can be serious and require proper documentation, especially when seeking compensation for medical bills, lost wages, and other damages. Delayed symptoms are common with brain injuries, and if you don’t document the incident properly, you may weaken your ability to file a personal injury claim.
In this blog, we’ll discuss the steps you need to take to document a brain injury, even if symptoms appear later, and how to strengthen your case for fair compensation. Whether you’re in Hillsborough County, FL, or anywhere else, these guidelines will help ensure your injury is properly recorded and presented during the claims process.
Understanding Brain Injuries and Why Documentation Matters 
Brain injuries, particularly traumatic brain injuries (TBI), are often invisible at first. A mild concussion or a more severe brain injury might not display noticeable symptoms immediately after an accident. This is one reason why many people dismiss the idea of having sustained a brain injury. However, injuries to the brain, whether mild or severe, can lead to significant long-term consequences, such as cognitive issues, physical symptoms, and emotional challenges.
The first step in building a solid personal injury claim is to recognize that brain injuries often develop symptoms over time. Therefore, it’s crucial to start documenting your condition right after the accident, even if you feel fine in the moment.
Proper documentation serves as evidence that you sustained a brain injury as a result of the accident, which is essential when negotiating with insurance companies or pursuing a lawsuit. Not having sufficient records could leave you vulnerable, especially if symptoms manifest only after the fact.
Michael Serrano
Founding Attorney
Candace “Cea” Hartley
Associate Attorney
The Role of Medical Evaluation
Immediately seeking medical attention is critical, even if you don’t feel any immediate symptoms after an accident. Many victims make the mistake of waiting until symptoms worsen before visiting a doctor. By that time, valuable documentation of the injury may be lost.
Once you seek medical attention, your healthcare provider will conduct necessary tests such as CT scans, MRIs, or neurological exams to determine the severity of your injury. The documentation from these tests can serve as important evidence in your claim. Even if the results come back normal, the records will still show that you sought medical help, which can help demonstrate that you were proactive in addressing the injury.
If a doctor diagnoses you with a brain injury, make sure to get a detailed report of their findings, including any recommended treatments. This documentation will help show that your symptoms were indeed related to the accident, which strengthens your case if the injury worsens later on.
Keep a Detailed Journal of Symptoms
One of the best ways to document your brain injury is by keeping a journal. Even if you feel fine in the days following the accident, symptoms of brain injuries often surface slowly. Start writing down any changes in your condition, no matter how minor they seem. This includes both physical symptoms like headaches, dizziness, and blurred vision, as well as mental or emotional changes like memory loss, mood swings, or difficulty concentrating.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”
- Mary
Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"
- Kylie Collier Border
I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."
- Sandy Carter
As symptoms can be subtle, it’s important to note anything unusual. If you start experiencing forgetfulness or struggle to focus at work, make a note of it. If you find that you’re feeling more fatigued than usual or have trouble sleeping, document that as well. Writing down these changes will create a timeline of your condition, which can be crucial when discussing the progression of your injury with your attorney, doctors, or insurance adjusters.
Gather Statements from Witnesses
If your accident occurred in a public setting or there were people around when it happened, witness statements can play a significant role in documenting your injury. Ask anyone who saw the accident to provide a written statement detailing what happened and how you were affected. Witnesses can offer insight into how you were physically affected at the time of the accident, which can support your claim that you suffered a brain injury.
Additionally, eyewitnesses may notice things that you didn’t realize at the time. For example, if you appeared disoriented or confused right after the accident, this could be an important observation for documenting your injury.
Follow Through with Medical Treatments
Brain injuries often require ongoing treatment, even if the symptoms seem to improve in the short term. It’s important to follow through with all prescribed treatments, therapies, and appointments. Failure to do so could be used by insurance companies or opposing parties to argue that your injury isn’t as serious as you claim.
As you undergo treatment, make sure to keep detailed records of each session, including physical therapy, follow-up appointments, and any medications you’re prescribed. These records show that you’re taking your injury seriously and actively working to recover. Additionally, any progress or setbacks documented during treatment will help demonstrate the extent of your brain injury.
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Track the Impact on Your Daily Life
Brain injuries can affect your ability to perform daily tasks, including working, driving, and taking care of household chores. If your injury has limited your ability to function normally, make sure to document how it has affected your daily life.
Keep track of any missed work days or changes in your ability to work. If you had to reduce your hours or switch to a less demanding position, make a note of it. The impact on your ability to earn an income is often a key component in personal injury claims, especially when seeking compensation for lost wages. Additionally, tracking the emotional and physical toll the injury has taken on your personal life—such as difficulty with relationships or loss of hobbies—can also play a role in establishing the extent of your damages.
Legal Assistance with Brain Injury Claims
While documenting your brain injury is essential, the process of filing and managing a personal injury claim can be complex. Seeking legal assistance can ensure that all the necessary documents are gathered and presented in a way that maximizes your chances of a successful claim.
At Serrano Law, we specialize in personal injury claims, including brain injuries. Our experienced attorneys understand the challenges that come with documenting and proving a brain injury claim. We will help you organize your medical records, journal entries, witness statements, and any other necessary documentation to ensure that you have a strong case.
Our legal team will also guide you through the claims process, helping you negotiate with insurance companies and pursue the compensation you deserve. If necessary, we will represent you in court to fight for your rights.
Case Results
Brain injuries can be challenging to diagnose and document, especially when symptoms are delayed. However, proper documentation is key to ensuring that your injury is recognized and that you receive fair compensation. Seek immediate medical attention, keep a detailed journal of symptoms, gather witness statements, and follow through with recommended treatments. If you need assistance navigating the process, Serrano Law is here to help you every step of the way.
