Brain Injuries - TBI

While we can recover from some injuries quite quickly, brain injuries need a little more attention. Unfortunately, many Americans around the country experience what’s known as TBI (traumatic brain injury) every year. With the brain and head responsible for much of everything else that happens with the body, some are left paralyzed and with permanent disabilities.

In this guide, we’re going to cover everything you need to know about TBI and brain injuries. You’ll learn about brain injury law, how The Injury Firm can help with personal injury cases, the symptoms of TBI, and lots more!

What’s TBI?

Currently, there are lots of misconceptions around TBI, what it is, and what it means for victims. Therefore, let’s start at the beginning and cover the basics before we move deeper into this field. Short for traumatic brain injury, a TBI is effectively when the brain dysfunctions as a result of sudden force, an instant jolt, or a violent blow.

As you’ve seen, TBI is a general phrase used to describe trauma to the brain - therefore, there are several causes of this injury. If the skull is shattered or penetrated in some way, this is also considered TBI.

As we all know, the skull is important for a number of reasons. Not only does it protect the brain, but it also provides protection for sensory organs and is connected to the spinal cord and the nervous system. With damage in the wrong areas, victims can’t feel certain parts of their body and lose control of basic bodily functions.

For those unaware, the nervous system connects the spinal cord and brain to all other parts of the body. With an intricate web of nerves and cells, messages are carried around the body and this is what allows us to function. After some accidents, this complex web of nerves is damaged, and it can leave some people paralyzed.

With the head and brain such a sensitive area, it’s perhaps not surprising then to learn that 30% of all deaths contain cases of TBI. 

Causes of TBI

At The Injury Firm, we know that TBI cases are a delicate matter, and it’s made even more delicate by the cause of the injury. For example, one of the biggest causes is car accidents. Personal injury attorneys will tell you that many of these accidents are entirely preventable, and this is what makes the field so frustrating. If we could remove negligent and careless/reckless driving from existence, there would be significantly fewer accidents on the road every year.

Of all the visits to an emergency room as a result of TBI, it’s thought that half of these come from a fall, and this is another issue in itself. When we use the term ‘fall’, most people think it relates to elderly people or toddlers with a lack of strength and balance. In reality, falls can happen to anybody. In fact, there’s a whole area of law dedicated to it, like brain injury law, called slip and fall law. You might slip over some food in a restaurant, upturned carpets in a store, or as a result of damaged handrails on another business premises.

Elsewhere, a TBI is sometimes caused through sports injuries, violence, or simply being struck by an object of some sort. The head and brain are sensitive areas, and any of these causes have the potential to generate serious damage.

TBI - The Physical Aspect

For those who have experienced a slight impact, this doesn’t necessarily mean that you’ll experience severe TBI symptoms. Instead, it might be that you suffer a slight case of concussion. After more serious accidents, it could cause unconsciousness, major brain dysfunction, long-term memory loss, behavioral changes, and a coma. Repeated physical blows to the head - such as those sportsmen and women might receive - increases the risk of Parkinson’s, Alzheimer’s, and other diseases.

What’s more, it’s important to note that the location of the injury can determine the extent of the damage. Here are three examples:

• Temporal Lobe - Damage to the temporal lobe is likely to affect language and speech.

• Parietal Lobe - Here, the damage is likely to cause vision, touch, and other sense-related issues.

• Frontal Lobe - After any damage to the frontal lobe, you may suffer from a lack of organization and concentration.

While mild effects of TBI include a temporary change in mental status, severe effects include memory loss, major brain dysfunction, and a coma. After a blow to the head, it’s important to look out for some of the most common side-effects. For example, this includes:

• Memory loss
• Numbness
• Dizziness
• Confusion
• Lack of energy
• Persistent headaches
• Blurred or affected vision
• Emotional instability
• Extreme changes in sleep pattern
• Lack of organization or concentration

The difficulty with brain injuries is that not all symptoms display immediately; it might be some days until you or a loved one notices some of the above. Some people will chalk the side effects up to adrenalin and just a result of the accident when they are, in fact, something more serious. In other cases, people put it down to work and stress because they don’t think that the side effects are linked to an accident from days or weeks before.

If you experienced any form of head trauma, we recommend visiting a medical professional as soon as possible. Even if you think that everything is normal, medical experts will call for the appropriate scans and ensure that you don’t have TBI. The sooner you get help for a brain injury, the higher your chances of a full recovery.

Furthermore, those who suffered a brain injury that wasn’t their fault may be entitled to compensation. Personal injury attorneys have full knowledge of the applicable brain injury law and can file a lawsuit to recuperate medical bills, lost wages, and other costs.

TBI - The Wider Effect

Brain injuries affect more than just the victim, and more than just physically – there’s a ripple effect that takes place after a serious injury. For example, victims often struggle with relationships, job prospects, the future, and money. As well as the physical impact, some victims are left dealing with depression, anger, anxiety, and other mental health problems. 

Suddenly, family members struggle because the person has changed their behavior. Sometimes, full families are put to the test because of a car accident or a fall. If it’s a permanent disability, partners and family members are forced to look after the individual and this could mean giving up work themselves.

It’s fair to say that TBI has a wider effect, and this is why early medical treatment and legal assistance are so important. If you were injured in an accident that wasn’t your fault, compensation is possible.

Can I Seek Compensation?

Yes, in many cases compensation is entirely plausible if you were injured in an accident that wasn’t your fault. You may receive compensation if another party was negligent, careless, or reckless. For example, this could include reckless actions on the road. Alternatively, it could be a negligent business failing to clear up a spillage.

It’s impossible to list all the possible causes of a brain injury in this guide but know that compensation is possible if somebody else was responsible for the accident that caused your injuries.

Types of Compensation

With this, your next question is likely to revolve around the types of compensation and the amount applicable to your case. Unfortunately, there’s no way that we can provide you with an estimated value because your case is unique. Since we don’t know the facts of your case, it would be remiss to give a figure.

On the other hand, we can give you the different types of compensation and damages that could apply to your brain injury law case. From here, feel free to contact The Injury Firm because we offer a free consultation. We’ll discuss your case, consider the likelihood of compensation, and make a sensible decision as personal injury attorneys.

Here are examples of common damages involved in a brain injury case:

• Medical Bills - Firstly, brain injuries normally require serious medical attention including emergency care, scans, operations, and more. As the months pass, victims may need medication, therapy, and other forms of rehabilitation.

• Lost Wages - As the second economic damage, injuries might keep you away from work through no fault of your own. In this case, you can claim against the guilty party to cover this amount.

• Pain and Suffering - Not all losses are tangible, and this is why we’ll consider pain and suffering as a possible element of your personal injury case. After suffering brain injuries, this is likely to come with lasting emotional damage just as serious as the physical damage.

• Loss of Enjoyment - Sadly, a brain injury can change the entire outlook of one’s life. Depending on the extent of the injuries, you may be forced to change your lifestyle and completely stop all the things you previously loved.

• Wrongful Death - We mentioned the seriousness of brain injuries and how they often lead to death, and some will read this guide after losing a loved one - we’re sorry to hear of your loss. After losing somebody, don’t let the negligent or reckless acts of another individual go without punishment. You shouldn’t have to pay for all the medical bills, funeral costs, and other expenses.

• Loss of Consortium/Companionship - Finally, loss of consortium and companionship applies when a family has lost an important member. Whether they were the main provider or not, your family will now miss out on comfort, companionship, love, affection, and more. As well as death, this could also be available in a case where the individual suffers permanent damage.

Working with Personal Injury Attorneys

The first thing we want you to know at The Injury Firm is that we’re on your side and, after taking on your case, we’ll do everything possible to protect your legal rights and put you on the right path towards compensation. We’ll listen to you in a free consultation and consider brain injury law when pursuing a lawsuit and the correct course of action.

At this point, those without experience in this field will wonder how the process works. How do we prove that the other party was negligent? How do we build a strong case for you?

There are four parts to a personal injury claim, and it all starts with a duty of care. As your personal injury attorneys, we need to prove that the guilty party had a duty of care towards you. If you were injured in a car accident, this is easy because everybody has a duty of care towards each other. If you fell in a store, this is also simple because the property owner and business owner have a requirement to provide a safe environment for all visitors.

Whether it was medical malpractice, playing sports, or another other accident, we’ll work out whether or not the other party had a duty of care. From here, the individual needs to have failed in this duty. For example, a business failing to keep the environment safe for guests or a driver not acting responsibly.

The final two steps are as follows:

• You must have suffered serious injuries
• There must be a link between these injuries and the breach of duty of care

With this in mind, you cannot claim for pre-existing injuries - the damages you seek through compensation must relate to the accident in question. Don’t worry, we have experience at The Injury Firm to talk you through this process and guide you through each step.

Firstly, we’ll gather evidence - this includes medical bills, police reports, CCTV, witness statements, and medical experts. From here, we’ll compile a case and push for a strong settlement. Medical experts are an important tool for brain injury cases because they accurately describe the seriousness of all injuries. If no fair offer is provided, we’ll take the case in front of a judge.

Contact The Injury Firm today! 954-951-0000