Ryan Bradley | June 6, 2025 | Brain Injury
Key Takeaways:
- Delayed concussion symptoms are common. Your brain injury may take days to reveal itself through headaches, memory issues, or mood changes.
- Insurance companies may dismiss delayed symptoms as unrelated, exaggerated, or even pre-existing conditions to try to minimize your claim.
- Documentation is your most powerful weapon when you lack an immediate ER diagnosis. As soon as you notice symptoms, start tracking them, see a specialist, and contact a personal injury lawyer who can help you get compensated.
You’ve been involved in an accident. Maybe your head hit the steering wheel, or you took a nasty slip and fall at work. Immediately afterward, you’re shaken but feel fine. Two days later, the headaches and dizziness begin, and you just know: something is wrong.
As you’re trying to get your health and life back on track, your insurance company is claiming your symptoms can’t be from the accident as you don’t have an ER diagnosis.
Don’t let an insurer’s manipulative tactics rob you of the compensation you deserve. Whether you skipped medical care or an ER doctor dismissed your concerns, you still have options. We’ll show you how to protect your rights.
“I Didn’t Need the ER”—Why Concussions Go Undiagnosed
Concussions are notorious for flying under the radar, and for good reason. Your brain may react slowly when something’s wrong. Here’s why concussions can get missed:
- Adrenaline Masking Injuries: In an accident, your body’s natural fight-or-flight response floods your system with chemicals like adrenaline, masking pain and symptoms for hours (and sometimes days).
- Dismissing Delayed Symptoms: Unlike a broken bone, concussion symptoms can take 24-72 hours to fully appear. By then, victims may have already decided they’re “fine” and don’t need a medical assessment.
- ER misdiagnosis: Even if you did the right thing and went to the ER, the numbers aren’t in your favor. According to the Brain Injury Association of America, as many as 56% of traumatic brain injuries (TBI), like concussions, are not detected in the ER since they don’t show up on standard imaging tests.
Whether you skipped the ER thinking you were fine or you were told nothing was wrong, missing a proper diagnosis is an insurance company’s favorite weapon against your claim. But you are not powerless. Knowing the symptoms to watch out for and the steps to take can help you get the settlement you deserve.
How to Recognize a Concussion
Concussion symptoms may show up days after your accident, leaving you wondering whether they are even accident-related. In addition, an insurance company may use delayed symptoms to build their case against you, potentially saving them thousands while leaving you with mounting medical bills and no support. Here are some delayed concussion symptoms to watch out for:
- Persistent headaches that worsen with physical or mental activity
- Unexplained dizziness and balance issues
- Sudden emotional changes like irritability, anxiety, or depression
- Sleep disturbances that leave you exhausted
- Memory and concentration problems that make simple tasks challenging
- Sensitivity to light and noise
- Blurry vision or seeing “stars”
The moment you notice something’s wrong, make a note, including the date and symptoms. See a doctor as soon as possible for a thorough assessment, explaining that you have been in an accident or experienced a fall. Documenting your symptoms creates an evidence trail you’ll need to recover fair compensation.
Medical Tests and Evaluations That Help Prove Concussions
You may not have medical records from the ER proving a concussion, but there are numerous specialized evaluations that can provide compelling evidence for your injury:
- Neuropsychological Testing. These assessments measure cognitive functions such as memory, attention, and processing speed, all of which can be affected by concussions.
- Balance Testing. These tests measure how steady you can stand or walk. They can prove your brain injury by showing problems with your balance system that healthy people don’t have.
- Advanced Imaging Technologies. Specialized brain scans that go beyond regular CT scans, like functional MRIs, can reveal subtle brain abnormalities.
- Oculomotor Examinations. These tests track how your eyes move and focus. After a concussion, your eyes may show subtle differences in tracking objects or shifting focus.
How Insurance Companies Use a Delayed Diagnosis Against You
Don’t be tricked by the friendly insurance adjuster who calls enquiring about your health. They may be fishing for information to use against you. Here are some of their tactics:
The Gap in Treatment
“You didn’t seek medical attention until 5 days after the incident, suggesting your injuries were minor and not caused by the accident.” If this is what your insurance company says, they blatantly ignore the medical reality that concussion symptoms can take days to appear.
The Pre-Existing Condition Deflection
Another tactic is to turn your accident injury into a pre-existing problem. Maybe you suffer from chronic migraines, and now the insurer is trying to prove that your symptoms existed before the accident.
Lack of Objective Evidence
Concussions may not appear on standard imaging, and diagnosis is primarily based on symptoms and neurological assessment. Insurance companies may assert that without scans showing the injury, you don’t have a valid claim.
The Lowball Settlement Pressure
Sometimes, insurers make lowball settlement offers, coercing victims to sign quickly, or they may withdraw the offer. Insurers hope you’ll go away before you understand the full extent of your injuries and what your claim is really worth.
How to Prove a Concussion Without ER Records
Proving a concussion without early medical records can be tricky, but it’s not impossible. Here’s your checklist of actions to take:
✓ See a doctor immediately once symptoms appear. Ask specifically for a concussion evaluation.
✓ Start a symptom journal right away. Record what you’re experiencing, when it started, and how severe it is.
✓ Take photos of any visible injuries, including bruising that may appear days after the accident.
✓ Save all communications where you mentioned not feeling well (texts, emails, social media).
✓ Ask witnesses to write down what they observed about your behavior after the accident.
✓ Request copies of all medical records from every provider you see.
✓ Contact an attorney before speaking with insurance adjusters.
Hiring an experienced brain injury lawyer can be crucial. They know how to build your case by consulting medical specialists who can turn your symptoms into evidence that insurance companies have to take seriously.
Bradley Law Fights for Brain Injury Victims
Don’t let an insurance company convince you that your case is impossible without an immediate ER diagnosis. With the right legal team, it’s just an obstacle you can overcome.
At Bradley Law Firm, we’ve helped brain injury victims get significant recoveries, including a multi-million-dollar settlement. But time is critical with concussion claims, as every passing day without a diagnosis could reduce your chances of recovering what you deserve.
Contact us today to schedule a complimentary consultation. There are no upfront costs, and you pay nothing unless we win your case.