Proving Mild Traumatic Brain Injury
Most victims of a Mild Traumatic Brain Injury recover fully within one year of their injury. But, sometimes, victims can be left with long-term cognitive problems that affect both their jobs and 
their family lives for years to come. Despite the potentially devastating effects of a mild brain trauma -- also known as a " concussion " -- the injury seldom appears on X-Rays, CT scans, or other common imaging techniques. Without such objective proof, the wrongdoer who caused the injury invariably argues that its victim suffered no brain injury at all, and that the victim is simply making up his symptoms.
One sure way to prove that a victim suffered a brain injury is to prove that the accident caused the victim to lose consciousness, or "black out." Though an accident victim can suffer a brain injury even without losing consciousness, doctors agree that if an accident causes a victim to lose consciousness, however briefly, brain injury has always resulted. Unfortunately, many victims who black out never realize it, and so insist to paramedics or doctors at the hospital that they did not. Therefore, the first challenge for a lawyer representing the victim of a Mild Traumatic Brain Injury is proving that the brain injury even exits.
Brain specialists can help. A neurologist can conduct sophisticated tests, such as PET scans and SPECT studies. These studies may show an impairment in brain functioning that doesn't appear on an MRI. A neuropsychologist can administer objective tests of memory, attention, problem-solving, sensory perception, planning, organization, and other cognitive functioning. The results of such testing can sometimes prove that the accident victim, does, in fact, suffer from a brain injury.
When confronted with proof -- from either cognitive test results or PET/SPECT studies -- that there is a brain injury, wrongdoers argue that the victim's symptoms are attributable to a previous accident and not the one that they caused. And, in fact, many of those who suffer long term effects from a Mild Traumatic Brain Injury have a prior concussion in their medical history. However, research shows that one concussion -- even if it caused the victim no lasting symptoms -- leaves the victim at risk of permanent symptoms should he receive another concussion. That is why professional football players retire after receiving multiple concussions despite "feeling fine", and why boxers who don't retire eventually become "punch drunk."
To prove that the victim had fully recovered from the prior injury, and that it was the most recent concussion that caused the symptoms, it can be helpful for family, friends, and employers to testify. These witnesses can frequently establish that the victim exhibited no changes in his behavior, mood, or cognitive abilities until after the most recent injury.
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To get answers, the victim's attorney needs to review internal documents and interview employees and supervisors. Unfortunately, wrongdoers seldom allow their victims' attorneys to review their internal files voluntarily. To get their cooperation, the victims' attorney needs a 
damage caused by the trauma is just too subtle. Of course, even subtle changes in brain structure can cause profound changes in brain functioning. Simply because the brain injury cannot be seen on an MRI, it doesn’t mean that it doesn't exist.
Doctors frequently use PET scans to find changes in brain functioning in an Alzheimer’s patient or an epileptic. They less commonly use them to diagnose victims of traumatic brain injuries. This is one reason why some judges are reluctant to allow PET scans to be used in a trial of a traumatic brain injury case. These judges, however, are often more willing to allow the PET scans to be shown to the jury when the scan was ordered by the victim's treating doctor for the purpose of diagnosis or treatment – before any lawsuit was filed. 