A traumatic brain injury (TBI) can change every aspect of life, from cognitive function and personality to the ability to work, drive, and care for family. Even injuries labeled mild on the Glasgow Coma Scale (GCS) can produce lifelong consequences. If you or a loved one suffered a TBI in Delaware due to someone else’s negligence, you may be entitled to seek compensation for medical care, lost income, lifelong support needs, and pain and suffering.
Joseph M. Jachetti, licensed in Delaware since December 1998 (Delaware Bar #003744), has experience handling TBI cases involving motor vehicle crashes, falls, workplace incidents, and assaults. His 10-year prior career as an insurance claims adjuster informs how he documents the long-term implications of brain injuries and pushes back against carriers who minimize these claims.
How TBI Cases Happen in Delaware
TBIs arise from any incident producing a sudden blow, jolt, or penetrating injury to the head. Common Delaware scenarios include motor vehicle crashes on I-95 and Route 1, falls from heights at construction sites, slip-and-falls on commercial premises, sports collisions, assaults, and incidents involving defective products. Coup-contrecoup injuries (brain striking opposite sides of the skull) often occur in rear-end crashes even without direct head impact.
Types of Traumatic Brain Injuries
- Concussion (mild TBI) — disruption of brain function from a blow or jolt
- Contusion — bruising of brain tissue
- Diffuse axonal injury — widespread tearing of nerve fibers
- Penetrating injury — object enters the skull
- Subdural hematoma — bleeding between the brain and dura mater
- Epidural hematoma — bleeding between the skull and dura mater
- Subarachnoid hemorrhage — bleeding into the space surrounding the brain
- Anoxic and hypoxic brain injury — oxygen deprivation
Common Symptoms and Long-Term Consequences
- Memory and concentration problems
- Headaches and migraines
- Dizziness and balance issues
- Sensitivity to light and sound
- Mood changes, irritability, and depression
- Sleep disruption
- Vision and hearing problems
- Seizure disorders
- Loss of executive function
- Personality changes affecting relationships and employment
Who May Be Liable
Liability depends on the underlying incident: the at-fault motorist in a car crash, the property owner in a fall, the construction site general contractor in a workplace incident, the manufacturer of a defective product, or an assailant. Workers compensation applies for on-the-job TBIs but does not bar third-party claims against equipment manufacturers, other contractors, or other motorists.
How Delaware Law Applies
The general personal injury statute of limitations is two years under 10 Del. C. section 8119. Delaware applies modified comparative negligence under 10 Del. C. section 8132. Delaware PIP under 21 Del. C. section 2118 covers initial medical treatment in motor vehicle TBI cases. Workers compensation under 19 Del. C. chapter 23 covers occupational TBIs but limits the right to sue the employer.
Establishing the severity of a TBI typically requires GCS scores from EMS and emergency department records, neuroimaging (CT, MRI, sometimes diffusion tensor imaging), neuropsychological testing, and longitudinal evaluation by qualified medical professionals.
Damages You May Be Able to Pursue
- Past and future medical expenses
- Cognitive rehabilitation and speech therapy
- Lost wages and lost earning capacity
- Pain and suffering
- Loss of life enjoyment
- Long-term attendant care
- Home and vehicle modifications
- Loss of consortium
- Wrongful death damages
How Insurance Companies Handle These Claims
Joseph Jachetti’s 10-year background as an insurance adjuster informs how carriers handle TBI claims. Insurers commonly argue that mild TBIs heal completely, that symptoms are subjective and exaggerated, that pre-existing conditions caused the cognitive issues, or that the claimant is malingering. They may push neuropsychological examinations by carrier-selected providers to undermine credibility. Documenting consistent symptoms across treating providers, neuroimaging findings, and standardized testing is essential.
Steps to Take After a Suspected TBI
- Seek immediate emergency medical evaluation.
- Request neuroimaging (CT or MRI) if symptoms persist.
- Document all symptoms with a daily log.
- Follow up with a neurologist or neuropsychologist for evaluation.
- Have family members track behavioral changes you may not notice.
- Avoid recorded statements with insurance representatives.
- Preserve evidence of the incident causing the injury.
- Contact Schuster Jachetti LLP for a free consultation.
Frequently Asked Questions
What if my CT scan was normal?
Many TBIs do not appear on standard CT or MRI. Functional imaging, neuropsychological testing, and clinical evaluation often establish the diagnosis.
How long after the incident can symptoms appear?
Symptoms can develop or worsen over days, weeks, or even months. Continuous documentation matters.
Are mild TBIs really serious?
Even mild TBIs can produce lifelong cognitive and emotional changes. The mild label refers to acute presentation, not long-term impact.
What is a Glasgow Coma Scale (GCS) score?
The GCS measures consciousness on a 3-15 scale, with lower scores indicating more severe injury. EMS and emergency department records often contain initial scores.
How do you prove a TBI in court?
Through neuroimaging, neuropsychological testing, treating provider records, lay witness testimony about behavioral changes, and qualified medical professional opinion.
Schuster Jachetti LLP Serves Delaware Clients Statewide
Wilmington (302) 966-8684, Smyrna (302) 775-0728, Georgetown (302) 877-9524, Lewes (302) 527-9513. Sitewide: (302) 984-1000.
Talk to a Delaware Traumatic Brain Injury Lawyer Today
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.