Concussion and Mild Traumatic Brain Injury (mTBI) Personal Injury Cases –
What You and Your Lawyer Need to Know
Concussions and mild traumatic brain injuries (mTBIs) are among the most misunderstood and underestimated injuries in personal injury law. Often invisible on imaging and downplayed in emergency rooms, these injuries can still have life-altering effects on cognition, mood, sleep, and quality of life. Successfully investigating and prosecuting an mTBI case requires a deep understanding of medicine, symptom progression, and how these injuries impact a person’s everyday functioning.
At Lupetin & Unatin, we’ve spent years refining our approach to litigating concussion and mTBI claims. We know how to separate valid cases from questionable ones, and how to build compelling evidence that explains the true impact of these “invisible injuries” to defense counsel, judges, and juries.
Why Concussion and mTBI Cases Are Challenging
Concussions and mTBIs rarely show up on CT scans or standard MRIs. That makes them easy for insurers and defense lawyers to minimize—or outright deny. But just because the injury isn’t visible on a scan doesn’t mean it isn’t real.
Symptoms can include:
- Headaches, dizziness, and nausea
- Memory and concentration issues
- Sensitivity to light or sound
- Emotional instability, personality changes, or sleep disruption
- Difficulty returning to work, school, or normal daily activities
These symptoms can linger for months or years and severely disrupt a person’s life. Still, mTBI claims often face skepticism, especially if the injury wasn’t immediately documented or if there are gaps in treatment.
What to Do If You Think You’ve Suffered a Serious Concussion or mTBI
If you’ve been in a car accident, fall, or other traumatic event and suspect you may have suffered a concussion or mild traumatic brain injury (mTBI), taking the right medical steps early on can make a major difference in your recovery—and in protecting your legal rights.
Many people ignore or downplay early symptoms like headaches, confusion, or sensitivity to light. But even a “mild” brain injury can lead to long-term cognitive, emotional, and physical impairments if not properly diagnosed and treated. Here’s what you should do:
1. Seek Medical Attention Immediately
Go to the emergency room, urgent care center, or your primary care provider as soon as possible after the injury. Tell them exactly what happened, including:
- Whether you hit your head
- If you lost consciousness (even briefly)
- If you had memory gaps, confusion, dizziness, or nausea
- If you felt “off” or disoriented afterward
Early documentation is critical. Medical records from the first 24–72 hours following the incident are often the most important in proving the existence and seriousness of an mTBI.
2. Use Specific Language When Describing Symptoms
Don’t just say “I’m fine” or “I feel weird.” Be specific. Report symptoms such as:
- Headache or pressure in the head
- Balance issues, dizziness, or nausea
- Difficulty concentrating, remembering things, or speaking clearly
- Sensitivity to light or sound
- Irritability, anxiety, sadness, or other mood changes
- Sleeping more or less than usual, or trouble falling asleep
Medical providers often under-document or misinterpret concussion symptoms. The more precise you are, the more likely you are to receive appropriate care—and have accurate records if a legal claim becomes necessary.
3. Follow Up With the Right Specialists
If your symptoms persist for more than a few days, ask for referrals to appropriate specialists. Some of the most helpful providers for diagnosing and managing mTBI include:
- Neurologists – for brain function, headache management, and diagnostic clarity
- Neuropsychologists – for comprehensive cognitive testing to measure memory, attention, and processing speed
- Physiatrists (rehabilitation medicine doctors) – for overall management of brain injury recovery
- Vestibular and vision therapists – for balance, eye-tracking, and motion sensitivity issues
- Behavioral health providers – for anxiety, depression, or emotional changes triggered by brain injury
Getting referred to specialists—and following through with appointments—shows that your condition is real and taken seriously by medical professionals.
4. Stick With Consistent, Credible Treatment
One of the biggest mistakes people make after a concussion is not following up or stopping treatment too soon. Others bounce between providers or rely on alternative care that lacks objective documentation. To protect your health and your case:
- Attend all scheduled appointments
- Follow prescribed treatment plans
- Be honest with your providers about ongoing symptoms
- Avoid treatment that appears driven by a legal claim (like “concussion clinics” that exist solely to generate litigation records)
Consistency builds credibility. Gaps in care or attorney-directed treatment without solid medical foundation can hurt your recovery and legal claim.
5. Document the Impact on Your Life
In addition to your medical treatment, it helps to keep a daily journal of how your symptoms affect your ability to work, think, sleep, socialize, and enjoy life. If others notice changes—like forgetfulness, irritability, or confusion—ask them to write down what they see.
When appropriate, notify your employer, school, or athletic organization. Request formal accommodations if needed. These real-world effects help validate your experience and show how the injury changed your life.
6. Avoid Activities That Can Worsen the Injury
Rest is critical in the early days after a concussion. Avoid screen time, loud environments, strenuous activity, or anything that worsens your symptoms. Returning too soon to work, sports, or school can prolong recovery—or lead to a second, more severe injury.
Follow your medical provider’s guidance on when it’s safe to return to normal activities. If symptoms return or worsen with exertion, back off and seek further care.
7. Know That You’re Not Alone
mTBI symptoms can be isolating and frightening. You may feel like others don’t believe you, or like you “should be fine by now.” But many people with concussions and mTBIs recover gradually—and many experience real setbacks along the way.
You are not imagining it. You deserve to be taken seriously. And you deserve care and support—medically, emotionally, and legally.
The Key to Success: Structured Case Investigation
At our firm, we approach these cases with a disciplined and systematic screening process to ensure that we only pursue cases with clear documentation, credible symptoms, and long-term impact. We look for cases that check the boxes in the following key categories:
- Mechanism of Injury – Was there a head strike, airbag deployment, or significant deceleration? Loss of consciousness or amnesia?
- Initial Medical Presentation – Did the client report symptoms promptly and seek care from an ER, urgent care, or PCP?
- Diagnosis and Treatment – Is there a documented concussion or mTBI diagnosis from a reputable provider (neurology, physiatry, etc.)? Was therapy prescribed and followed?
- Symptom Profile and Duration – Are the symptoms consistent with concussion and have they lasted more than a few weeks?
- Objective Testing – Do neuropsychological evaluations or vestibular/ocular testing show real deficits?
- Functional Impact – Is there evidence of missed work, disrupted school, strained relationships, or inability to function normally?
- Credibility and Preexisting Conditions – Are the client’s claims supported by witness accounts, social media, and clean validity testing?
Our Free Case Screening Worksheet
To help fellow injury lawyers and potential clients evaluate the strength of a concussion or mTBI case, we’ve created a comprehensive mTBI Case Screening Worksheet. This internal tool reflects the same framework our firm uses to evaluate incoming cases—and we’re making it publicly available to help others.
Whether you’re a lawyer looking to vet an mTBI claim or an injured person trying to understand whether you have a viable case, this worksheet can help guide your thinking.
Download the mTBI Case Screening Worksheet here
The worksheet covers:
- Mechanism of injury and red/yellow/green flags
- Timing and documentation of symptoms
- Diagnosis and treatment consistency
- Functional impact on work, relationships, and daily life
- Credibility, prior conditions, and malingering risk factors
Using this worksheet doesn’t guarantee a viable lawsuit, but it does help clarify where the strengths and weaknesses of a case may lie.
Building a Winning mTBI Case
If the screening flags a promising case, the next steps involve building strong legal and medical support. We coordinate with:
- Board-certified neurologists and physiatrists to explain the diagnosis
- Neuropsychologists to test and confirm cognitive deficits
- Vocational experts to explain how the injury affects earning capacity
- Lay witnesses to describe changes in personality, work ethic, and behavior
We also leverage focus groups and trial-tested storytelling to help jurors understand how a concussion—even a so-called “mild” one—can derail someone’s life.
Why Work With Lupetin & Unatin
Unlike general personal injury firms, we focus on cases involving serious, complex, and disputed injuries—especially those involving misdiagnosed or misunderstood medical harm. We’ve taken on mTBI cases that other firms rejected and turned them into meaningful recoveries for our clients.
We don’t chase volume—we fight hard for people with life-changing injuries that others can’t see. And we welcome calls from referring attorneys who want a trusted partner to handle these medically intensive cases.
If You Suspect a Concussion or mTBI Case, Start Here
If you’re an attorney evaluating an mTBI claim—or someone who has experienced lingering symptoms after an accident—use our free case screening worksheet to guide your next steps. Then contact our team for a more detailed review.
Call Lupetin & Unatin today for a free case evaluation.
Pittsburgh-based, serving clients across Pennsylvania.