Proving Cognitive Decline In TBI Cases
On Behalf of The Andres Lopez Law Firm , PA | October 21, 2025 | Uncategorized
At The Andres Lopez Law Firm, we often meet individuals who never expected that a seemingly “mild” head‑injury would lead to lasting change. If you’ve recently met with a Traumatic Brain Injury and are challenged by memory, focus, or judgement shifts, our role is to help you understand how these changes can be documented and held accountable when another party’s negligence played a part. For many of these clients, the involvement of a well‑qualified Coral Springs, FL brain injury lawyer makes the difference between acceptance of your loss and meaningful justice.
Recognizing The Hidden Decline
Cognitive decline after TBI is notoriously difficult to map. Even if you feel “different,” standard scans may show little or nothing because functional changes often occur at the microscopic or neurological‑pathway level. Researchers note that even when a CT or MRI is clear, you may still have suffered damage to nerve fiber tracts, producing memory loss, slower processing, or mood changes. And you may not even notice the side effects of these damages until much later. A lesser‑known reality is that certain medications can mask or blur trauma symptoms so someone undergoing treatment may appear “normal,” while real cognitive losses persist. This means the phrase “medication masks brain trauma” is a real factor in how claims arise and how they’re contested. Also, when a lawsuit highlights negligence, it opens the pathway to recognizing how those hidden declines are tied to another party’s breach of duty.Building The Evidence
- Medical Documentation – From emergency records onward, you’ll want consistent notes on what happened, immediate symptoms, and treatment. Standard imaging (CT/MRI) may help, but the absence of visible damage doesn’t mean absence of injury. Be sure to ask for a copy of your records every step of the way to ensure you have documentation.
- Neuropsychological Testing – Such testing assesses memory, attention, executive function, language and more. Because cognitive decline is less visible than, say, a broken bone, these tests carry extra weight in litigation.
- Daily Life Impact Records – Photography of your routine, witness statements (from family, friends, coworkers), symptom diaries can all help show how your abilities have shifted. For example: difficulty finishing tasks you once did easily; requiring extra time to complete familiar activities.
- Linking Negligence And Liability – You must show the other party owed a duty, breached it, and that breach caused your injury and decline. When a lawsuit highlights negligence (for example, a property owner failing to maintain safe walkways or a driver ignoring warnings), this builds a foundation for compensation.
- Projecting Future Effects – Cognitive decline often means future care, lost earning capacity, and ongoing therapy. Those who have experience in this area must be engaged to forecast those future burdens so your claim addresses not just what has happened but what will likely continue.
Overcoming Defense Challenges
Insurance carriers and defense teams often argue: “Your scan was clear,” “Symptoms are exaggerated,” or “Pre‑existing.” Because cognitive decline is subtle, these arguments gain traction Here’s how to counter them:- Emphasize functional testing over just imaging.
- Show consistent behavioral or performance changes (e.g., at work or in daily life) documented before and after the event.
- Use early documentation because when you delay, memory fades and causation is harder to link. In fact, insurance companies will try to argue the decline is due to something later and not the incident that truly caused it.
- Highlight activity reduction, increased need for assistance, or clear drop‑off in capacity.
Practical Steps You Should Consider
- Start a daily log of tasks you now struggle with such as forgetting appointments, needing more time, making mistakes you didn’t make before.
- Preserve all medical records from the injury and treatment onward such as ER notes, specialist visits, rehab notes.
- Collect key witnesses: friends, family, coworkers who saw the “before” you and “after” you.
- Avoid settling early because even a “small concussion” case may open into a larger claim when decline becomes visible.
- Don’t let medication or fatigue hide symptoms. Keep track of when you feel significantly different than before the injury. Again, even a handwritten journal can help prove fault.