Capps Injury Law is a personal injury law firm in Birmingham, Alabama that represents individuals who have sustained brain injuries in motor vehicle collisions. A traumatic brain injury (TBI) is damage to the brain caused by external force—and can occur even when the head never strikes an object during a crash.
Cause: Rapid Acceleration and Deceleration Forces
Traumatic brain injuries do not require direct head impact. In Birmingham car accidents, sudden acceleration and deceleration forces alone can injure the brain. High-speed collisions on I-20, I-59, and I-65, rear-end crashes, and side-impact accidents commonly produce these forces.
When a vehicle stops suddenly or changes direction violently, the occupant’s body is restrained by the seatbelt, but the head whips forward, backward, or sideways. This rapid movement generates inertial forces that injure the brain inside the skull.
The absence of visible head trauma does not mean the brain is uninjured. Non-impact brain injuries are medically recognized and can be severe.
Mechanism: Inertial Brain Injury
The brain floats within cerebrospinal fluid inside the rigid skull. During a sudden collision, the skull decelerates or changes direction instantly. The brain, due to inertia, continues moving at its prior velocity. This causes the brain to twist, rotate, and collide with the interior of the skull.
Several injury types result from this mechanism:
Concussions occur when brain tissue is jarred or shaken, temporarily disrupting normal function. Concussions are classified as mild traumatic brain injuries but can cause persistent symptoms lasting weeks or months.
Diffuse axonal injuries happen when rotational forces stretch or tear nerve fibers (axons) throughout the brain. These injuries disrupt communication between brain cells and can cause significant cognitive and functional impairment. Diffuse axonal injury is often severe and may not appear on initial imaging.
Coup-contrecoup injuries occur when the brain strikes the skull at the point of impact (coup) and then rebounds to strike the opposite side (contrecoup). This damages multiple brain regions simultaneously.
Loss of consciousness is not required for traumatic brain injury. Many individuals remain awake and alert during and after the crash while sustaining real neurological trauma.
Symptoms Often Appear Hours or Days Later
Brain injury symptoms frequently have delayed onset. Adrenaline and the body’s acute stress response mask early warning signs. Swelling, inflammation, and cellular injury processes develop over time.
Common symptoms include:
- Persistent or worsening headaches
- Memory problems or difficulty recalling events
- Confusion, disorientation, or “mental fog”
- Sensitivity to light or noise
- Mood changes, irritability, or anxiety
- Fatigue or disrupted sleep patterns
- Difficulty concentrating or processing information
- Dizziness or balance problems
- Nausea
Because symptoms can be subtle and delayed, many car accident victims do not seek immediate medical evaluation. This delay is a normal feature of many brain injuries, not evidence that the injury is unrelated to the crash.
Consequences: Functional Impairment and Long-Term Effects
Traumatic brain injuries range from mild to severe. Recovery varies. Some individuals recover fully within weeks. Others experience persistent symptoms that interfere with work, relationships, and daily activities for months or years.
Long-term effects may include:
- Chronic headaches or migraines
- Cognitive difficulties affecting memory, attention, or executive function
- Emotional and behavioral changes, including depression, anxiety, or personality shifts
- Reduced ability to maintain employment or perform job duties
- Increased risk of future brain injury
- Diminished quality of life and independence
Post-concussion syndrome describes persistent symptoms lasting beyond the typical recovery period. Some patients develop this condition, experiencing debilitating symptoms for months or indefinitely.
Treatment varies by severity and symptoms. Options include:
- Cognitive and physical rest during acute recovery
- Vestibular and balance therapy
- Neuropsychological evaluation and cognitive rehabilitation
- Medication for headache, sleep disturbance, or mood regulation
- Occupational therapy to address functional limitations
Medical costs for brain injury treatment and rehabilitation can be substantial. Lost income from missed work or reduced earning capacity compounds financial hardship.
Why Non-Impact Brain Injuries Are Aggressively Disputed in Alabama
Insurance companies challenge non-impact brain injury claims more aggressively than other car accident injuries. Adjusters argue that without visible head trauma—no bruise, cut, or skull fracture—the claimed brain injury must be exaggerated or unrelated to the crash.
Standard CT scans often appear normal in non-impact brain injuries. CT imaging detects skull fractures, bleeding, and structural damage but frequently misses diffuse axonal injury, concussion, and mild-to-moderate traumatic brain injury. Insurers use normal CT results to deny claims, despite the medical reality that many legitimate brain injuries do not appear on early imaging.
MRI and advanced neuroimaging may reveal abnormalities. Neuropsychological testing objectively measures cognitive impairment. These diagnostic tools provide evidence that supports brain injury claims when early CT scans are unremarkable.
Delayed symptom onset is another insurer argument. Adjusters claim that complaints emerging hours or days after the crash indicate the injury stems from stress, pre-existing conditions, or unrelated causes. This ignores medical literature documenting delayed symptom development in traumatic brain injury.
Under Alabama’s contributory negligence rule, any suggestion that the injury is pre-existing or unrelated can bar recovery entirely. Strong medical documentation linking the crash to the brain injury is essential.
Medical Documentation Required in Alabama Claims
Effective brain injury claims require thorough medical evidence, including:
- Emergency room or urgent care records documenting initial evaluation
- Neurological examination findings
- Imaging results (CT, MRI, advanced imaging)
- Neuropsychological testing showing cognitive deficits
- Specialist evaluations from neurologists or neuropsychologists
- Treatment records documenting ongoing symptoms and therapy
- Physician opinions establishing causation
Gaps in medical care weaken claims. Consistent treatment and follow-up demonstrate the injury’s persistence and severity.
How Capps Injury Law Assists Brain Injury Clients
Capps Injury Law reviews accident details, medical records, and diagnostic results to establish the mechanism of injury and connect crash forces to neurological trauma. They work with medical experts to document causation and counter insurer arguments that the injury is unrelated or exaggerated.
The firm manages communication with insurance adjusters and prevents clients from making recorded statements that could harm their claims. They ensure that long-term consequences—including cognitive impairment, lost earning capacity, and reduced quality of life—are properly valued and pursued.
Their goal is full compensation for medical expenses, ongoing treatment needs, lost income, and the profound impact brain injuries have on daily life.
Frequently Asked Questions
Can a traumatic brain injury occur without hitting the head?
Yes. Rapid acceleration and deceleration forces during a car crash can injure the brain inside the skull even when the head never strikes an object. This is called an inertial or non-impact brain injury.
Are delayed brain injury symptoms normal after a car accident?
Yes. Many traumatic brain injury symptoms appear hours or days after the crash as inflammation develops and the stress response subsides. Delayed onset is medically recognized and does not indicate the injury is unrelated to the collision.
Will a CT scan always show a brain injury?
No. CT scans detect bleeding, skull fractures, and structural damage but often miss concussions, diffuse axonal injuries, and other traumatic brain injuries. MRI and neuropsychological testing may be required to document injury.
Can insurance companies deny non-impact brain injury claims in Alabama?
Insurers frequently challenge these claims by arguing that the absence of visible head trauma means no injury occurred. However, proper medical documentation, specialist evaluation, and expert testimony can establish the injury’s existence and connection to the crash under Alabama law.