Concussion and mild TBI: the most underpaid injury in personal injury

By Kyle P. Cottner, Esq. · Las Vegas Trial Attorney · 7 min read

A concussion is a mild traumatic brain injury. Same thing, two names, and the insurance company will use both against you: 'just a concussion' to minimize it, and 'mild' to pretend it resolved in a week. Meanwhile you cannot focus at work, light bothers you, your temper is shorter, and your CT scan was 'normal.' Here is how these cases actually get proven and paid.

Why the clean scan means almost nothing

Emergency room CT scans look for bleeding and fractures, the injuries that kill you tonight. They do not see the diffuse, microscopic damage of a concussion. A normal CT rules out a crisis; it says nothing about whether your brain was injured. The insurance company knows this and will wave the clean scan anyway, because it works on people who do not know better.

Standard MRI usually misses mTBI too. The proof lives elsewhere: in how you function.

The symptoms that are evidence

Headaches, brain fog, memory gaps, light and noise sensitivity, sleep changes, irritability, anxiety, word-finding trouble. Individually they sound vague; documented together, over time, they are the clinical picture of post-concussive syndrome. The people around you are witnesses: a spouse who says you are not the same person, a supervisor who watched your output drop.

The single biggest mistake in these cases is toughing it out silently. Undocumented symptoms do not exist to an insurance company. Report every symptom to your doctor every visit, even the embarrassing ones.

What a real workup looks like

Strong mTBI cases are built on neuropsychological testing, which objectively measures memory, processing speed, and executive function against where someone like you should score. Vestibular and vision therapy records, specialized imaging where appropriate, and treatment with providers who actually handle brain injury all convert an invisible injury into a documented one.

This is also where the right lawyer changes outcomes, because most injured people are never sent for the workup that proves their case. Kyle builds these files deliberately, the same way he prepares everything: like it is going to trial.

How insurers fight it, and what it is worth

The playbook: it was mild, it resolved, the symptoms are stress, she is exaggerating, he had problems before. The counter is objective testing, consistent treatment, before-and-after witnesses, and where needed, experts who can explain to a jury what a damaged brain costs a life.

Value follows function: a brain injury that changes your work capacity, your relationships, and your daily life is among the most serious claims in personal injury, no matter what the word 'mild' implies. These cases settle for full value only when the insurer believes the file can be tried.

If your head has not been right since the crash

Stop minimizing it. Tell your doctor everything, bring your spouse's observations, ask about neuropsychological testing, and call Kyle before you give any insurer a statement about how you are 'doing fine.'

This page is general information about common crash injuries and Nevada law, not legal or medical advice. For your health, see a doctor. For your case, call (702) 530-7777 for a free consultation.

Related Questions

People also ask.

Yes. CT scans detect bleeding and fractures, not the microscopic damage of a concussion. Most mTBI cases involve normal CT scans; the proof comes from symptoms, function, and neuropsychological testing.

Most concussions improve within weeks, and those claims are real but modest. When symptoms persist for months, post-concussive syndrome, the claim becomes serious, which is exactly when insurers fight hardest and early settlement becomes most dangerous.

It tracks function: documented effects on work, memory, mood, and daily life, supported by objective testing. Properly built mTBI cases are among the highest-value injury claims; poorly documented ones get dismissed as stress. The file makes the difference.

Client Reviews

What clients say.

★★★★★ 287+ five-star reviews on Google
★★★★★
After a devastating accident caused by an impaired driver, Attorney Cottner handled every detail with care and dedication to ensure I was made whole again. I am forever grateful!
— Nakia
★★★★★
Kyle is an easygoing and highly communicative lawyer who genuinely cares about his clients. He takes the time to explain each step of the process clearly, making sure his clients feel informed and supported.
— Braiden
Calls get answered. ◆ Concerns get solved. ◆ Cases get bigger, faster.
Free Case Review

Get a straight answer about your injury.

Tell Kyle what happened and what hurts. The consultation is free, and you pay nothing unless he wins your case.

Call
(702) 530-7777Free consultation, calls answered 24/7
Request your free review
We respond the same business day.

Submitting this form does not create an attorney-client relationship. Please do not include confidential information until a relationship has been established.

☎  Free case review · Call (702) 530-7777