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    Traumatic Brain Injury: Understanding the Impact and Legal Options

    What is Traumatic Brain Injury?

    Experiencing a traumatic brain injury (TBI) can be a life-altering event, leaving victims and their families facing a complex road to recovery.

    A traumatic brain injury (TBI) occurs when a sudden impact or trauma damages the brain.

    Common signs of damage include brain bruises, bleeding, tissue tears, and swelling.

    Once the sensitive tissues of the brain are damaged a person will start exhibiting certain physical and mental signs.

    The physical consequences of a brain injury, such as chronic pain, balance issues, and fatigue suffered after personal injury accidents, can severely limit a person's independence and require long-term rehabilitation and support.

    The traumatic brain injury lawyers at Lawsuit Legal have decades of experience and know how to win complex cases involving brain injuries.

    If you or a loved one has experienced a head injury, this guide will help you understand TBI's effects, recognize symptoms, explore treatment options, and learn how a traumatic brain injury lawyer develops a strong legal case for compensation.


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    Traumatic Brain Injury Lawsuit Compensation


    • Brain injuries often result in devastating, lifelong consequences for victims, including cognitive impairments, emotional challenges, and physical disabilities that require extensive and costly long-term care.
    • Insurance companies often lowball brain injury victims with initial settlement offers that cover, on average, only 30% of their actual long-term costs, leaving them woefully undercompensated for their medical care, lost income, and lifelong challenges.
    • Victims are often forced to take legal action against the negligent parties to obtain full and fair financial compensation for the devastating, lifelong impact of the injury.


    Why Choose Lawsuit Legal's Brain Injury Lawyers


    Our experienced brain injury attorneys regularly take on big insurance and are known for winning high profile cases.

    In our experience the responsible party in a high-impact case often needs to be forced to pay the full compensation you deserve.

    From initial consultation to lawsuit resolution, we stand by your side and support you through the process.


    • Experience: Our trial attorneys have a proven track record of handling complex lawsuits successfully for clients.
    • Expertise: We know what it takes to win and understand how important winning full compensation is for you and your family.
    • Reputation: Our award-winning lawyers have been recognized among the best litigators in the nation and have the proven track-record to back it up.
    • Resources: Our law firm has the expertise to build a strong case and the means to fight in court before judge and jury to secure a verdict if necessary.
    • Communication: Our legal team is committed to clear communication about your case's progress and to provide legal advice.

    When you choose us, you are taking the first step towards fair compensation.

    Our experienced personal injury lawyers specialize in complex cases involving brain injuries and have a history of recovering big settlements in lawsuits involving brain injuries.

    We know that healing doesn't just require medical attention—it requires justice.

     

    Our Top-Rated injury lawyers standing-by to review your case

     


    Types of Traumatic Brain Injuries: Understanding the Spectrum of Damage


    Traumatic Brain Injuries (TBIs) range from mild concussions to severe, life-altering conditions. Each type affects the brain's structure and function differently. For lawyers, building a strong TBI case means demonstrating the injury's full impact on the client's life. This includes proving fault and accurately quantifying the damages to secure fair compensation. Whether it's a concussion causing temporary neurological issues or a diffuse axonal injury with widespread nerve damage, understanding the specifics of each TBI is crucial for diagnosis, treatment, and legal success.


    • Concussions: A common, usually mild TBI caused by a blow or jolt to the head, temporarily affecting brain function without visible structural damage on standard imaging.
    • Contusions: These are bruises on the brain tissue caused by a direct impact, leading to localized bleeding and swelling.
    • Diffuse Axonal Injury (DAI): A severe TBI resulting from strong rotational forces that stretch and tear nerve fibers, often causing prolonged unconsciousness or coma.
    • Penetrating Brain Injuries: These TBIs occur when a foreign object pierces the skull, directly damaging brain tissue and posing a high risk of infection.
    • Hematomas: These involve a collection of blood that pools within or around the brain due to a ruptured blood vessel, potentially causing pressure on the brain tissue, that requires emergency medical attention.

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    What are the Signs of Traumatic Brain Injury?

    "Living with the emotional and physical challenges of a brain injury is an every day struggle..."

    Recognizing TBI symptoms can be life-saving. After a head injury, individuals may experience immediate or gradual changes in behavior and physical abilities.

    These signs aren't always obvious, even after seemingly minor accidents. Paramedics and doctors carefully monitor accident victims for key indicators of TBI, including:


    Physical Signs

    • Headache - Dull or sharp pain within the skull. Can occur anywhere with the cranium including areas away from the point of injury.
    • Pain around or above the neck - Normally associated with whiplash. The head does not have to be hit for internal damage to occur. The brain tissue is harmed when hitting the inside of a person’s skull.
    • Bleeding or bruising to any part of the head - Most obvious sign of minor to severe TBI. This includes nose bleeds, cuts or deep bruising to the face, neck or head.
    • Hearing issues - People can lose hearing in one or both ears, hear ringing or high pitched noises that are not present.
    • Eyesight problems - Dizziness, Blurred vision, seeing spots or blind spots. People have a hard time focusing or experience changes to vision after a blow to the head.
    • Jaw pain - Normally occurs from an act of violence or punch. A blow to the jaw can transfer force to skull resulting in damage to brain.
    • Nausea or Vomiting - Similar to motion sickness or seasickness effect. People feel off balance indicating internal damage to the head.

    Mental Signs

    • Confusion - People are easily confused or disoriented. They can’t remember basic information.
    • Changes in mood - Agitation and combativeness levels are higher.
    • Mental Status - Days and weeks after an incident a person’s normal behavioral patterns change. Become more aggressive, depressed or anxious.
    • Heightened sensitivity to sound and/or light - Normal sounds and well-lit rooms cause irritation, headache or pain. Sufferers of TBI will prefer dark quiet rooms.

    The severity of head injuries can be categorized into different levels. Doctors and medical professionals will provide proper head injury diagnosis.

    People should seek immediate medical attention if any of the symptoms above present.

    The signs of TBI are numerous and are the result of different causes. Associating the causes with the symptoms above can save someone's life.

    Causes of Acquired Brain Injury?

    According to the Centers for Disease Control and Prevention (CDC), approximately 5.3 million people in the U.S. live with permanent or long-term brain injuries requiring daily assistance.


    Leading Causes Brain Injury


    • Slip and Fall Accidents: The most common cause of TBI, our slip and fall lawyers handle complex personal injury cases ranging from falls in big box retail stores to restaurant falls, parking lot accidents, government property falls, hotel and workplace falls.
    • Being Struck by or Against an Object: This includes intentional assaults or accidental impacts to the head.
    • Motor Vehicle Accidents: Whiplash, airbag deployment, or striking the head within the vehicle can cause TBI.

    Other TBI Causes


    • Medical Malpractice - Medical malpractice brain injuries also occur due to negligence and errors in prescribing medication or radiation to a patient.
    • Intentional Self-Harm - Suicide attempts, typically by gunshot.

    In the United States there are around 1.7 million traumatic brain injury (TBI) related deaths, hospitalizations, and emergency department visits each year.

    A brain injury does not require traveling at a high rate of speed or striking a hard object. Falls, auto accidents, medical malpractice, sporting activities and workplace accidents can result in serious brain injury.

    Any kind of trauma to the head or neck region can also cause the brain to bruise, bleed, tear, or swell. These types of damage are placed into four main categories of brain damage.

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    The 4 Main Types of Brain Damage

    Brain damage can result from various types of trauma. Untreated TBI can lead to serious complications, including death. Here are four main categories of brain damage:

    • Concussions: Caused by a blow to the head, concussions force the brain against the skull, potentially leading to bleeding or nerve damage.
    • Contusions: These are bruises on the brain resulting from a direct impact.
    • Diffuse axonal injury: DAI occurs when the brain shifts rapidly inside the skull, often due to severe car accidents, falls, or child abuse (e.g., shaken baby syndrome). It's extremely serious; 90% of those with severe DAI never regain consciousness, and those who do often face lifelong impairments.
    • Recurrent TBI: This happens when a second head injury occurs before the first has fully healed. Common in sports, recurrent TBI can cause severe complications, including ocular and respiratory failure. Research suggests a link between recurrent TBI in football and Chronic Traumatic Encephalopathy (CTE), a debilitating brain disease affecting many former NFL players.

    With all the causes and types of TBI happening everyday it was important develop levels of severity and a scale for professionals to reference.

    Was Your Car Accident Strong Enough To Bend Metal?
    If a motor vehicle accident was strong enough to bend metal, the force of impact had enough force to result in a brain injury. Even if you feel it was just a minor crash, you should seek medical attention immediately.

     

    Types of Head Injury Severity
    chronic headache pain

    Head injuries are categorized by severity as follows - Mild, Moderate and Severe. These can have multiple symptoms in common.


    • Mild Brain Injury

      • Normally a concussion resulting in changes to your mental status.
      • A loss of consciousness from 0 to a maximum of 30 minutes.
      • Victims will experience confusion, dizziness, fatigue, memory loss, mood changes and headaches.
      • Additional symptoms listed above can be present as well.
      • Medical exams and tests (MRI & CAT Scans) may not show damage.

    • Moderate Brain Injury

      • Concussions and Mild symptoms will be present. These issues will last longer and get worse overtime.
      • A loss of consciousness from 15 minutes to 5 hours.
      • Same symptoms of mild injury but worse.
      • Medical exams and brain scans will be used reveal brain tissue damage.

    • Severe Brain Injury

      • Loss of consciousness for more than 5 hours.
      • Obvious swelling of head.
      • Results in permanent neuro-biological damage.
      • Results in a permanent lessening of cognitive abilities and sensory functions.
      • Medical exams MRIs & CAT scans will necessary to assess extent of and area of damage.
    Glasgow Coma Scale (GCS) Score
    How The Glasgow Coma Scale Works

    The Glasgow Coma Scale (GCS) is a widely used neurological tool for assessing a patient's level of consciousness after a head injury. It provides a reliable method to evaluate a person's conscious state based on three key responses:


    • Eye Opening
    • Verbal Response
    • Motor Response

    Each response is scored, and a higher total score indicates a less severe injury. Here's a breakdown of the scoring system:

    Higher scores indicate less trauma to the brain.


    1. Best Eye Response
      a. Spontaneous eye opening (+4)
      b. Opens eyes to verbal command (+3)
      c. Opens eyes to painful stimuli (+2)
      d. Does not open eyes (+1)

    2. Best Verbal Response
      a. Oriented, conversation normal (+5)
      b. Confused, unsettled (+4)
      c. Incoherent or irrational words (+3)
      d. Sounds only not words (+2)
      e. No vocal responses (+1)

    3. Best Motor Response
      a. Obeys commands (+6)
      a. Localizes to painful stimulus (+5)
      b. Withdrawal or flexion from pain (+4)
      c. Abnormal flexion to painful stimuli (+3)
      d. Extension to pain stimuli (+2)
      e. No Movement (+1)

    The GCS is widely used by clinicians to diagnose patients. The method was developed over 40 years ago and was recently updated in 2014. Some researchers believe the system allows for too much interpretation by the scorer.

    Nurses, Doctors and medical professionals should carefully use the GCS Score. Unintentional negligence can happen in cases where the patient assessment leads to poor treatment outcomes.

    Treatment of Traumatic Brain Injuries

    Treatment Plans

    The treatment of TBI will be determined by the severity of the injury sustained. Mild, moderate or severe brain damage treatment methods are listed below.

    The TBI treatment plan consists of two key components:

    1. Patient Care
    2. Patient Monitoring

     

    Mild TBI

      TBI Patient Care

      While mild TBI often requires minimal intervention, it's crucial not to underestimate its potential severity.

      Even seemingly minor cases can lead to serious health problems later on. Always seek a professional diagnosis. Doctors typically recommend rest, reduced stress, and over-the-counter pain relievers for headaches.

      TBI Patient Monitoring

      TBI Patient Monitoring: Close monitoring is crucial, even after discharge from a possible short-term hospital stay. Watch for any changes in behavior or physical abilities. Difficulty performing previously routine tasks could indicate permanent damage requiring further treatment. Discuss any concerns with your doctor promptly.

    Moderate TBI

      TBI Patient Care

      Treatment for people suffering from mild TBI requires minor care which results in little to no change of normal life. This typical case outcome leads many to believe mild TBI is not serious. This assumption is wrong. Mild TBI can result in serious health problems weeks after the incident. Professional diagnosis should be received. A Doctor will prescribe rest and low stress during recovery. Over-the-counter pain relievers are taken to treat headaches.

      TBI Patient Monitoring

      Short-term hospitalization is possible. Once the patient is released someone will need to monitor them closely for changes in behavior or physical abilities. The inability to perform normal tasks, previously completed, are important to note and discuss with your Doctor as this can be a sign of permanent damage which requires more in-depth treatment.

    Severe TBI

      Traumatic Train Injury Patient Care

      A severe head injury will result in hospitalization. In the process of stabilizing a patient ER personal will do everything they can to avoid secondary damage due to cranial bleeding, reduced oxygen to the brain and inflammation (swelling).

      In the process of stabilizing the patient strong medications and/or surgery can be used to avoid secondary damage. These include:

    • Diuretics. These medications lower the high levels of fluid in tissues and increase urine output. These drugs are given intravenously to patients with traumatic brain injury to help reduce pressure inside the brain.
    • Anti-seizure drugs. People that had a moderate or severe TBI are at a higher risk for seizures within the first couple weeks after the injury. Seizures will cause additional brain damage. These drugs are only continued if a seizure occurs.
    • Coma-inducing drugs. A comatose brain needs less oxygen to function. Doctors will use these drugs to put people into a temporary coma. The swelling of brain tissue makes it difficult for compressed blood vessels to supply the oxygen needed. Inducing a coma is extremely helpful in alleviating this condition.
    • Emergency surgery. Brain surgery will be used only when necessary in TBI cases. This can be done to remove clotted blood (hematomas), repair skull fractures, stop uncontrollable bleeding in the brain or opening the skull to relieve pressure. Opening a window into the skull will allow accumulating cerebral spinal fluid to drain or provide room for tissue swelling.

      • TBI Patient Monitoring

      Patients with severe TBI will require round the clock professional monitoring after an accident involving serious head trauma. Some patients will receive an intracranial pressure monitor. This probe in inserted through the skull to monitor pressure.

      The overriding goal in severe head trauma cases is to minimize damaging tissue swelling and bleeding. Once this goal is reached the next phase is to cognitively stabilize the patient. Some damage can be irreversible. This leads to life changing long-term care.

    Damaging Effects of Traumatic Brain injury

    brain-damage

    Brain injuries can have life-altering consequences for individuals and their families. Even a seemingly minor head injury can lead to long-term challenges, including:

    The long-term effects TBI:

    • Recurring surgeries
    • Costly medication
    • Long-term care needs
    • Permanent disability
    • Paralysis
    • Memory loss

    Rehabilitation is crucial for regaining lost cognitive and physical abilities. Patients often need to relearn basic skills like walking and talking. Fair lawsuit damages should include consideration for the long-term medical care needs of the victim.


    Recovery of a Damaged Brain

    The human brain possesses a remarkable ability to heal and adapt after injury. In our law practice we've seen firsthand victims make remarkable recoveries. While the exact mechanisms are still being researched, several theories attempt to explain how the brain recovers functionality:

    Diaschisis: Undamaged brain areas connected to injured areas may regain function.

    Replacement: Different brain regions can take over functions previously performed by the damaged area.

    Redundancy: The brain has fail-safe features and multiple supplies of blood to support vital functions. Portions of the brain already perform the same vital function. If one of those portions is damaged the other takes over fully.

    Behavioral Substitution: The brain can develop new pathways and strategies to compensate for lost abilities; for example, a person with vision loss after TBI might experience improved hearing over time.

     

    The types of TBI rehabilitations and specializations for TBI recovery

    TBI rehabilitation typically begins in the hospital, progresses to an inpatient rehabilitation center, and then transitions to outpatient services. Recovery time varies depending on the severity of the injury and its impact on overall well-being. A multidisciplinary approach involving various specialized therapies is often needed.

     

    TBI Rehabilitation Specialists
    • Physiatrist: A physician specializing in physical medicine and rehabilitation who oversees the entire rehabilitation process, prescribes medication, and manages rehabilitation issues.
    • Occupational Therapist: Helps patients regain or improve skills needed for daily activities.
    • Physical Therapist:Assists with mobility, balance, and relearning movement patterns like walking and standing.
    • Speech and Language Pathologist: Helps patients improve communication abilities, particularly if speech is affected by the TBI.
    • Neuropsychologist: Assesses cognitive impairments, helps patients manage behavioral changes, and provides coping strategies.
    • Social Worker or Case Manager: Facilitates access to services, provides counseling on care decisions, and aids communication between medical teams, patients, and families.
    • Rehabilitation Nurse: Provides ongoing rehabilitation care and assists with discharge planning.
    • Traumatic Brain Injury Nurse Specialist: Offers specialized guidance, coordinates care, and educates families about TBI and the recovery process.
    • Recreational Therapist: Helps patients adapt to their new lifestyle after TBI by assisting with time management and leisure activities.
    • Vocational Counselor: Assesses a patient's ability to return to work, identifies suitable vocational opportunities, and provides resources for workplace challenges.
    • Traumatic Brain Injury Attorney: A legal expert who helps TBI victims seek justice and compensation for their injuries. They typically offer free consultations and work on a contingency basis.

     

    Modern medicine and rehabilitation resources allow for traumatic brain injury suffers to recovery some or all their pre-accident lives. The time, energy and cost for these services is tremendous. Victims of TBI are not the only ones affected. Families member have changes to their jobs, time, financial wellbeing and lives. The support needed to provide these resources can be difficult to obtain.

    How to Find the Resources for Brain Injury Victims

    brain-scan
    Coping and Support Strategies for TBI victims

    Individuals with TBI and their loved ones can use several strategies to cope with the challenges affecting daily life, relationships, and communication:

    • Join a Support Group: Connect with others who understand the experience of living with TBI. Doctors and rehabilitation professionals can provide referrals.
    • Take Notes: Write down important information, appointments, and tasks to aid memory.
    • Keep a Routine: Establish a consistent daily schedule to reduce confusion and provide structure.
    • Schedule Breaks: Plan for regular rest periods to manage fatigue and prevent overstimulation.
    • Adjust Work Expectations: Communicate with employers about any necessary accommodations, such as modified tasks or a reduced workload.
    • Minimize Distractions: Create a calm environment by reducing exposure to loud noises and intense light.
    • Practice Focused Attention: Concentrate on one task at a time to improve concentration.
    • Speak to an Attorney: onsider consulting with a TBI attorney to understand your rights and options for compensation. Friends and family members can assist with this process.

     

    "The long-term costs of sustained care and treatment make a successful case resolution even more critical..."

     

    Supporting the TBI Resources Needed
    brain-skull-scan

    Families often rely on insurance to cover the costs of TBI care. However, long-term treatment can be expensive, and government assistance may be an option for those with insufficient coverage.

    It's also crucial to investigate the cause of the TBI, as another party may be at fault.

    Legal action against negligent individuals or entities can provide vital financial resources. Common causes of TBI that may warrant legal action include car accidents, assaults, medical malpractice, drug company negligence, and workplace accidents.

    A TBI lawyer can help families navigate the legal complexities, allowing them to focus on their loved one's recovery while ensuring their rights are protected and they receive the compensation they deserve.

    Key Takeaways: Never Underestimate Mild TBI

    A car accident involving mild TBI leads to tragic results.

    Even seemingly minor car accidents, particularly rear-end collisions, can cause brain injuries. The impact can force the head against the steering wheel, airbag, dashboard, or side window, potentially leading to mild TBI. It's crucial to remember that even mild TBI can have serious long-term consequences.

    Example: A driver is rear-ended by a commercial truck. Her head hits the door frame due to the airbag deployment. Initially diagnosed with whiplash and a mild concussion, she's prescribed rest and over-the-counter pain relievers. However, two months later, she experiences persistent, intense migraines. A CT scan reveals a damaged area of her brain where minor bleeding occurred, leading to a diagnosis of permanent brain damage and long-term health issues. Unfortunately, she waits eight months to consult a TBI attorney, and her state's statute of limitations for filing a lawsuit has passed. A settlement could have provided crucial financial support for her ongoing care.

    Conclusion: Don't delay seeking legal advice after a head injury. If you or a loved one has suffered a TBI, contact an experienced attorney immediately for a free consultation.

     

     

     

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