Traumatic brain injury CT scan lawyer

The single most common argument made against a brain injury claim is that the CT scan was normal. It is a persuasive argument to anyone who assumes a scan looks for brain injury generally. It does not. Understanding what a head CT is designed to detect, and what it is not, is often the difference between a claim that survives and one that does not. Law Offices Of SRIS, P.C. handles brain injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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What a head CT is designed to find

A head CT performed in an emergency department is a triage tool. It is looking for findings that require urgent intervention: bleeding inside or around the brain, skull fracture, mass effect, midline shift and swelling. It performs that task quickly and well, which is why it is used. What it is not designed to detect is microscopic axonal shearing, small contusions in certain locations, or any functional disturbance of brain tissue that has not produced a structural change large enough and dense enough to appear. A normal head CT means no emergency was identified. It does not mean no injury occurred.

Why a normal scan does not defeat the claim

Because the threshold is functional, not radiological. The question is whether the person sustained an injury producing compensable harm, established through the mechanism, the acute neurological picture, and documented persisting deficits. Mild traumatic brain injury is defined in a way that contemplates normal structural imaging. A claim that depends on the scan will fail; a claim that explains the scan and rests on the clinical record does not have to.

When further imaging is appropriate

MRI is more sensitive than CT for contusions, small haemorrhages and certain patterns of injury, and gradient-echo or susceptibility-weighted sequences increase that sensitivity further. Where symptoms persist after a normal CT, follow-up MRI is often clinically appropriate and sometimes changes the picture. That said, MRI is frequently normal too in mild injury, and pursuing imaging in the hope of a finding is not a substitute for the assessments that actually document functional deficit.

How carriers use the scan

They quote the radiology report — commonly a single line stating no acute intracranial abnormality — and treat it as a finding that no brain injury occurred. They pair it with the absence of documented loss of consciousness and with any gap before treatment. The argument is effective precisely because it sounds like objective evidence, and it is answered not by disputing the scan but by explaining accurately what the scan was for. That explanation generally has to come from a qualified clinician rather than from argument.

Building the record around a normal scan

Establish the mechanism, including forces capable of causing rotational injury. Establish the acute picture, asking specifically about confusion, disorientation and gaps in memory, which are frequently not recorded because nobody asked. Ensure symptoms are documented from the first contact. Obtain assessments that produce measurements — neuropsychological testing with validity measures, vestibular and oculomotor assessment. And gather specific dated third-party accounts of functional change. The scan becomes a single unremarkable data point in a coherent record rather than the headline.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

The hospital said my CT was normal. Does that mean I am fine?

It means no injury requiring emergency intervention was identified, which is genuinely good news. It does not exclude a brain injury. CT is designed to detect bleeding, fracture and mass effect, not the microscopic and functional injury that produces persistent cognitive symptoms. If symptoms continue, they should be evaluated regardless of the scan result.

Should I ask for an MRI?

If symptoms are persisting, follow-up imaging is often clinically appropriate and MRI is more sensitive than CT for several patterns of injury. That is a decision for your treating physician based on your symptoms. It is worth understanding that MRI is also frequently normal in mild injury, so a normal result should not be taken as an answer either.

Why did the emergency department not do more?

Because their task was to identify and treat anything immediately dangerous, and they did. Emergency departments are not set up to assess subtle cognitive function, and they routinely do not document complaints that are not life-threatening. That is a limitation of the setting rather than evidence about your injury, but it does mean follow-up matters.

What does no acute intracranial abnormality mean?

It means the radiologist saw no new bleeding, fracture, swelling or mass effect on that study at that time. It is a statement about a specific set of structural findings, not a general conclusion that the brain is uninjured. Carriers quote this line frequently, and it is worth understanding precisely what it does and does not say.

Can a brain injury show up on a scan later?

Sometimes. A contusion may become more apparent on follow-up imaging, and later scans can show areas of tissue loss that were not visible acutely. But many genuine injuries never produce a structural finding at all, which is why the clinical assessment rather than repeat imaging is usually the productive path.

How do I prove an injury with normal imaging?

Through the mechanism, the acute neurological picture, contemporaneous symptom documentation, formal neuropsychological testing with validity measures, objective vestibular and oculomotor findings where present, and specific accounts from people who knew you before. That combination is what establishes these claims; imaging is one component and often the least informative.

Should I get my imaging reviewed by someone else?

In some cases a second review by a neuroradiologist identifies findings not noted in the original report, particularly where the original read was performed quickly in an emergency setting. It is worth considering, but it should not become the focus of the case at the expense of documenting function.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and discovery rules and to shorter notice periods for claims against government entities. A normal early scan followed by a later diagnosis does not automatically extend the deadline.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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