Mental Health, ABI, And The Law

Mental Health, ABI, And The Law

March 16, 2021 Off By Glespynorson

Excellent mental health is crucial for emotional, social, and psychological wellness. The brain controls how we think, feel and act. It determines how we relate and the choices we make. We need our brains to be in excellent health from childhood to our golden years.

However, some people suffer from congenital brain disorders. Others experience brain damage later in life following disease, a medical procedure, drug use, or trauma following an accident.

This kind of brain damage is also referred to as Acquired Brain Injury (ABI), or Traumatic Brain Injury (TBI) when it is due to trauma.

This article explains more about ABI, its symptoms, where to get help, how the law can help.



Physical injuries are often easy to diagnose and state the effects. For instance, a bruise to the eyes could cause visual impairment. However, brain injury is not so easy to recognize. Worse still, it could have far-reaching effects which are harder to tell.

Some of the symptoms of ABI manifest physically. The victim could experience poor balance, lethargy, changes in sleep patterns, seizures, repetitive headaches, and alterations in senses like vision, smell, or hearing.

The symptoms could also show in the way the person’s brain functions. He or she may experience memory problems, inability to focus, confusion, or difficulty holding coherent conversations.

Other symptoms display in the person’s behavior and emotions. A brain injury could result in abnormal mood swings, irritability, and personality changes.

These symptoms could be amplified, thus triggering an immediate response, or subtle and have catastrophic effects.


A brain injury could lead to permanent changes in personality, mood, and behavior. It could affect the victims’:

  • Relationships with family and friends.
  • Ability to live in a community.
  • Ability to participate in social activities.
  • Ability to engage in productive work.

These predispose a person to social isolation, stress, depression, loss of employment or income, and significantly change their quality of life.

Therefore, it is vital to seek help and get treatment early.

Getting Medical Help

Brain Injury may not be as obvious or easy to diagnose even to an ordinary doctor.

A person who experiences an event that could have resulted in brain injury (like a blow to the head in an accident) should seek medical help from a mental health specialist urgently.

If diagnosed early, a neurologist or psychologist can help to diagnose ABI and recommend the appropriate treatment.

Such treatments often don’t come cheap. Therefore, it is crucial to ensure that your health insurance plan covers therapy and other out-of-the-ordinary treatment techniques.

Since ABI could have catastrophic and life-changing effects, it requires remedies that surpass treatment of the brain. It calls for social and financial restoration. These can be pursued through legal channels, especially where the injury was due to another person’s fault.

ABI, TBI, and the Law

As mentioned earlier, accidents (especially automobile accidents) could result in ABI and TBI. In such cases, the victim could be eligible for compensation as a loss due to Personal Injury. Other events permissible under Personal Injury include injuries resulting from operating faulty equipment, slips and falls in public places, and medical malpractice.

In such cases, the law could provide some social and financial remedy. But there is a lot that goes into brain injury claims. For starters, the plaintiff must prove that better judgment by the defendant could have prevented the injury. The plaintiff must also show that the resultant Personal Injury has significantly affected their quality of life.

A lawyer can help bring such evidence to the fore, represent a victim in court hearings, and negotiate fair compensation.

Lawyers Can Help

An experienced lawyer – who is familiar with a brain injury – can guide a plaintiff through the ordinances and regulations associated with Personal Injury claims. They advise clients about their rights and the best ways to pursue compensation.

Victims should reach out to traumatic brain injury attorneys and interview them concerning personal injury law. When comfortable, they can proceed to discuss the injury and claim at length. Lawyers will weigh the evidence and circumstances and advise whether the claim can qualify for compensation under existing Personal Injury law.

Cases involving extensive brain injury are often easy to prove and thus, file a claim. However, cases involving minor brain injury require more insight. An experienced lawyer will dig deeper. They will not only rely on readings from the Glasgow Coma Score and other scientific tools such as MRIs. They do more investigations into the victim’s ‘before and after’ behaviors, intellectual functioning, and personality.

Lawyers can present such evidence to courts, tribunals, or insurance companies to support claims and negotiate a fair settlement.

Closing Remarks

Acquired Brain Injury is a serious condition that inhibits many people from enjoying a quality life. It has repercussions that span beyond physical wellbeing and delves into mental and social wellness.

Fortunately, medical and psychological assistance can help victims regain their mental wellbeing.

In cases where ABI or TBI occurs due to another person’s fault, the law provides a remedy.

Experienced brain injury claims lawyers can help. Victims can get assistance in processing claims and negotiating for settlements that cover medical bills, future expenses, and other financial losses.