Law Offices of Nooney Roberts Hewett & Nowicki :

TRAUMATIC BRAIN INJURIES

Road accidents, job accidents, and slip and falls are all common, and hundreds of Americans die every day because of them. Survivors of these incidents may have serious injuries that leave them scarred for the rest of their lives. 

A traumatic brain injury (TBI) is one of the most serious injuries that an accident victim may have. Traumatic injuries to the brain may occur as a consequence of an extreme blow, force, or penetrating damage to the head. 

Mild traumatic brain injuries might cause temporary damage to the victim's brain cells. Objects piercing the brain tissue, on the other hand, inflict severe injury. The shock caused by these things shattering or damaging the skull produces a serious traumatic injury to the brain. 

Symptoms

A serious brain injury may result from a forceful jolt or blow to the head. The interruption of normal brain activities is, in most instances, the initial injury. The brain tissue may be pierced by the quick blow to the head, resulting in symptoms such as: 

  • Loss of vision, speech changes, and muscular weakness are examples of localized neurological deficits
  • Slow thinking, trouble focusing, and confusion are all symptoms of poor mental function § Consciousness loss or reduction 
  • Short-term memory loss and amnesia 

Symptoms of a traumatic brain injury vary from person to person and depend on the degree of the damage. Depending on the severity of the brain injury, the symptoms may be mild, moderate, or severe. 

Types of TBIs

There are numerous different sorts of particular injuries within traumatic brain injuries.  The kind of damage that the patient suffers will always be specified by a health professional. To choose what actions to follow to get treatment and compensation, it is necessary to understand the various kinds of injuries. 

Hematoma: a blood clot in the brain tissue or on the brain's surface. A hematoma may form in any part of the brain. 

Contusion: the bruising of the brain tissue is known as a contusion. Under a microscope, cerebral contusions might resemble a bruise on any other area of the body. 

Hemorrhage: the term for bleeding that occurs inside the brain tissue. Internal brain hemorrhage symptoms may not be immediately apparent in certain cases. 

Diffuse brain injuries: microscopic changes in the brain induced by a blow to the head may not show up on a CT scan. This damage might be dispersed throughout the brain. They may arise in the presence or absence of mass lesion damage. 

Ischemia: this form of diffuse damage causes a lack of blood flow to different areas of the brain. Other negative consequences of decreased blood flow in the brain include sensitivity to light and headaches. 

Skull fractures: linear cracks or breaks in the skull cause fractures. Skull fractures are frightening and difficult to cure, particularly if the nerve endings are involved. 

Falls

While an accident cannot be avoided, most injuries caused by falls may be avoided. The majority of workplace falls are caused by poor working conditions, people using malfunctioning equipment, and incompetence. Patients who have suffered traumatic brain injuries as a result of their jobs may be entitled to compensation. They have the right to sue for compensation for: 

  • Suffering and pain § Wrongful death
  • Medical expenses
  • Loss of a source of income and livelihood
  • Loss of pleasure in life

According to the CDC[1], one in ten United States citizens aged 18 and older report falling at least once every year.

The patient's family members are also permitted by law to file a lawsuit on the patient's behalf. Before initiating a lawsuit, it is critical to understand all the legal alternatives accessible to the victim. 

Auto Accidents

Vehicle collisions are the greatest cause of traumatic brain injuries, according to the Centers for Disease Control. A research study[2] found that 69 percent of accident fatalities had skull fractures, with an average of 54 percent having an intracranial bleed. It was conducted between 2001 and

2005. Most of the victims in the research were adult men between the ages of 21 and 40, with a 40% death rate[3]

Patients who made it to the emergency hospital following an auto accident had a better chance of survival. The incredible amount of litigation involving motorcycle, truck, and vehicle accidents now pending in courts attests to the incidence of these accidents. To discourage irresponsible driving and encourage adherence to traffic regulations, the legislation is harsh on drivers and other road users who cause such incidents. 

You may be entitled to compensation if you or someone you love has experienced traumatic brain injury. In most of these instances, the defendants are drivers who have broken traffic laws or have failed to operate their automobiles appropriately. 

Aggression

The third most prevalent cause of traumatic brain injury is aggression.

While prevalent, brain injuries caused by acts of violence may be difficult to cure since victims seldom get care in a timely manner. Many assaults that result in brain injury are physical assaults, such as robbery, domestic violence, child abuse, and rape. 

Acts of violence, including the use of weapons in certain situations, are the leading cause of traumatic brain injury among Americans aged 15 to 24. It's also the greatest cause of fatal injuries in children under the age of three. 

Concussions and contusions are the most prevalent symptoms of brain injuries induced by attacks. A concussion is a relatively minor injury that may or may not result in long-term consequences. However, if not treated promptly, it might result in loss of consciousness and severe brain damage.

Contusions are more serious because they affect a specific part of the brain. The contrecoup injury is caused by a blunt or sharp item striking the head. 

Gunshot wounds are the most difficult of all traumatic brain injuries caused by assaults and acts of hostility. For more than three decades, the number of persons who survive gunshot wounds to the head has been on the increase. This is the most common cause of traumatic brain injury among people living in all of America's major cities. 

Brain Injuries and the Law 

In legal communities, traumatic brain injuries are sometimes referred to as "invisible injuries."

This is because, unlike with other traumas, the patient may seem and behave uninjured. Injuries that have no obvious signs, such as hemorrhage or skull fractures, may go undiscovered until they become serious. 

It is fairly unusual for an accident survivor to resume regular activities following the injury. When they begin to experience memory loss, focus issues, impulsivity, and poor emotional control, they understand something is wrong. 

There are some frequent myths concerning brain damage that end up costing the sufferer money. The most common is that a patient is "normal" if they recover from a concussion and go about their day. 

Call Nooney, Roberts, Hewett & Nowicki Today!

Brain damage is detected and evaluated in a medical manner. Neuropsychology and neuropsychological tests are recommended for accident and assault patients who suspect brain damage. These procedures may include brain imaging to detect any injuries or problems in the brain as soon as feasible. For most patients, getting a good medical evaluation and treatment is a matter of life and death. 

Patients with severe traumatic brain injuries must, at the very least, be concerned about the longterm effects of the injury. 

If you believe you or someone you care about has suffered a brain injury, take the time to learn about the disease and the best methods to seek treatment and legal assistance. To get legal assistance for a brain injury, contact our team of personal injury attorneys at Nooney, Roberts, Hewett & Nowicki today. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our experienced personal injury lawyers! ¡Hablamos español!


[1] Peterson AB, Kegler SR. Deaths from Fall-Related Traumatic Brain Injury, United States: 2008–2017. MMWR MORB MORTAL WKLY REP 2020;69:225–230.

[2] A. Kumar, et al. Fatal Road Traffic Accidents and their Relationship with Head Injuries: An Epidemiological Survey of Five Years, THE INDIAN JOURNAL OF NEUROTRAUMA, Volume 5, Issue 2, 2008, 63-67.

[3] 11 Id.

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