A person can leave an emergency department with a normal CT scan and still struggle to read a screen, finish a work shift, or follow a conversation after a crash. That gap between what a scan shows and what daily life feels like is one reason a traumatic brain injury claim can be difficult to explain in court. It calls for careful medical follow-up and a record of specific changes, not a dramatic description of every bad day.
The CDC explains that a mild traumatic brain injury or concussion can follow a blow to the head or a hit to the body that moves the head quickly. The agency also says a CT scan is not needed to identify every mild TBI, though a clinician may order one to look for bleeding or another serious problem. A normal scan therefore answers one question; it does not settle every question about symptoms or function.
What the medical record can and cannot show
Early notes matter because they place the first reported symptoms close to the event. Headache, dizziness, confusion, light sensitivity, sleep changes, and trouble concentrating may develop or become noticeable at different times. The CDC notes that some symptoms appear hours or days later. A first visit that mentions only a headache is not necessarily inconsistent with later reports of trouble with memory or attention.
Medical visits also give clinicians a chance to examine the patient, decide whether imaging is appropriate, offer treatment, and make referrals. A person who suspects a concussion should seek medical care and follow the treating clinician’s instructions. Records should describe symptoms accurately, including improvement. Exaggeration and understatement can both make the later timeline harder to understand.
Imaging, clinical examinations, and cognitive testing have different roles. A CT or MRI may help identify structural injuries or complications; it should not be described as a universal concussion test. Clinical evaluations can address memory, concentration, balance, and other reported problems. If symptoms continue, the reason for a referral or additional testing is part of the story. The question in litigation is how the injury was diagnosed, how it changed over time, and what evidence connects those changes to the event.
A timeline that shows actual change
The most persuasive account is often specific: before the crash, a bookkeeper could complete a monthly reconciliation without stopping; afterward, she needed breaks and made errors she had not made before. That example would still need support from records and witnesses. Work schedules, correction emails, missed classes, calendars, and observations from people who knew the person beforehand can give context to the medical notes.
A short dated log can help a patient explain symptoms at follow-up appointments. It should record what happened, when, how long it lasted, and whether a particular activity made it worse. It is useful to note good days too. The goal is an accurate account a treating professional can use, not a document written to win an argument with an insurer.
Preserve the ordinary evidence surrounding the injury as well: crash photos, witness contact details, messages sent soon afterward, and any video that may be overwritten. If a vehicle is being repaired or disposed of, its condition may be harder to document later. Our Baton Rouge brain injury practice page explains how the firm approaches these claims. For context on the injury itself, see our published articles on brain injuries after a car crash and concussion signs after a crash.
When the insurer points to a normal scan
A normal scan may be important evidence, but its meaning depends on why it was ordered and what it was designed to detect. The CDC’s diagnostic guidance distinguishes imaging for possible bleeding from the clinical assessment of mild TBI. The answer to a scan argument should come from the treating record and the person’s actual course, rather than a claim that scans never matter.
Other disputes require the same care. If the person had migraines, anxiety, a previous concussion, or difficulty concentrating before the crash, earlier records can establish a baseline. If there was a gap in care, its reason may matter. If work resumed quickly, the record may show whether duties changed, mistakes increased, or recovery continued. A social media photo of one outing says little by itself about the weeks around it, but posts and messages should be preserved rather than deleted.
Louisiana fault and filing rules
Proof of the brain injury is only one part of a civil claim. The claimant must also connect the injury to conduct for which another party is legally responsible. For delictual actions arising on or after July 1, 2024, Louisiana Civil Code article 3493.1 generally gives two years from the day injury or damage is sustained. Earlier incidents and special claims can follow different rules, so the particular claim needs a prompt deadline review. The current text of article 2323 addresses comparative fault and a bar when the injured person’s negligence reaches 51 percent. The change took effect January 1, 2026 under Act 15 of 2025. The date and circumstances of the injury matter when deciding which law governs.
These issues are easier to assess while video, witnesses, and medical records are available. If symptoms are affecting work, school, driving, or ordinary tasks, bring the actual records and a brief chronology to a lawyer. Babcock Injury Lawyers can review the evidence and the applicable deadline through its contact page.