The ER May Have Missed Your Mild Traumatic Brain Injury Diagnosis
Studies estimate 40–50% of mild TBI patients leave the ER without a documented TBI diagnosis. You may still have a valid claim — here's why.
By Attorney Dan D'Angelo
Trial Lawyer · Brain Injury Advocate · Avid Cyclist

Even if you did not receive a traumatic brain injury diagnosis at the ER, you may still have suffered a TBI and have a valid claim for injuries and compensation.
Several studies have estimated that 40% to 50% of patients with mild traumatic brain injuries who go to a hospital emergency department do not receive a documented TBI diagnosis. This can be for many reasons such as ERs prioritize patient care for the most life-threatening conditions, i.e. the principle of treat first what kills first approach, inadequate clinical assessment, or because a TBI patient is not a reliable historian of the events and their injury.
We've actually seen this occur in some of our own cases and were still able to successfully advocate for our clients, and in some cases still recover millions for their brain injury. We understand these nuances about the difficulties of brain injury diagnosis that enables us to strongly advocate for our clients' legal rights even in the less than typical TBI case.
Have a question about your case?
Attorney Dan D'Angelo offers free consultations for brain injury and cycling accident victims throughout Colorado.
About the Author
Attorney Dan D'Angelo
Trial Lawyer · Brain Injury Advocate · Avid Cyclist
Attorney Dan D'Angelo founded D'Angelo Law Office, P.C. in 2009 and Bike Brain Law to focus exclusively on traumatic brain injury and cycling injury cases in Colorado. An avid cyclist himself, Dan combines deep TBI science knowledge with hands-on cycling experience to build winning cases against insurance companies and corporations that put profits over safety.
- Practicing Colorado personal injury attorney since 2009
- Focused practice in TBI and bicycle injury litigation
- Multi-million dollar settlements and verdicts for injury victims
- Avid road and commuter cyclist



