Traumatic brain injuries (TBIs) are among the most severe and life-altering injuries a person can endure.
They occur when an external force causes brain dysfunction, often resulting from a violent blow or jolt to the head or body.
The effects of a TBI can range from mild, temporary symptoms to permanent, debilitating conditions.
Understanding how TBIs happen, recognizing their impact, and knowing how a personal injury attorney can assist are crucial steps in navigating the aftermath of such a devastating event.
Understanding Traumatic Brain Injuries
TBIs are categorized into two types: closed and penetrating injuries. A closed brain injury occurs when there is a non-penetrating injury to the brain with no break in the skull. A penetrating, or open, brain injury is when an object breaks the skull and enters the brain.
The most common causes of TBIs include:
- Falls: Slip and falls, or falls from a height, are particularly common among the elderly and young children.
- Vehicle-related Collisions: Automobile, motorcycle, and bicycle accidents can cause severe head injuries.
- Sports Injuries: High-impact or extreme sports can result in TBIs, with activities like football, boxing, and skateboarding posing higher risks.
- Violence: Assaults, gunshot wounds, domestic violence, and child abuse are significant sources of traumatic brain injuries.
- Explosive Blasts and Other Combat Injuries: Military personnel are at risk, especially those in active combat zones.
Symptoms of TBI
The symptoms of a TBI can vary widely depending on the severity of the injury and the part of the brain affected. They can be physical, cognitive, sensory, or emotional, including:
- Mild TBI or Concussion: Symptoms can include headache, confusion, dizziness, blurred vision, ringing in the ears, fatigue or lethargy, and a change in sleep patterns.
- Moderate to Severe TBI: These can lead to worsening headaches, repeated vomiting, convulsions, inability to awaken from sleep, dilation of one or both pupils, slurred speech, weakness or numbness in the limbs, loss of coordination, and profound confusion.
Long-Term Impact of TBIs
The long-term effects of a TBI can be profoundly debilitating, affecting an individual’s ability to work, engage in social relationships, and perform daily activities. These may include chronic pain, cognitive impairments, memory problems, mood swings, and personality changes. In severe cases, individuals may require lifelong care and assistance.
Legal Assistance After a TBI
Navigating life after a TBI is challenging not only for the victims but also for their families. This is where a personal injury attorney specializing in brain injuries can provide invaluable assistance. Their role involves more than just legal representation; it encompasses advocacy, support, and guidance through a complex recovery and legal process.
How a Personal Injury Attorney Can Help
1. Investigating the Cause: A thorough investigation is crucial to establish the cause of the TBI and determine liability. This involves collecting evidence, interviewing witnesses, and consulting with medical professionals and accident reconstruction experts.
2. Understanding the Full Impact: Attorneys work with medical experts to understand the full extent of the injury and its long-term implications. This comprehensive approach ensures that any claim or lawsuit accounts for current and future needs, including medical expenses, rehabilitation costs, lost wages, and pain and suffering.
3. Negotiating with Insurance Companies: Insurance companies often seek to minimize payouts. An experienced attorney can negotiate effectively to ensure fair compensation that reflects the severity of the injury and the financial and emotional costs incurred.
4. Litigation: If a fair settlement cannot be reached, the attorney is prepared to take the case to court. Their expertise in presenting evidence and arguing the case can be pivotal in securing a favorable judgment. They will handle all aspects of the trial, from filing the lawsuit to representing the client in court, ensuring that the victim’s rights are fully protected and advocated for.
5. Providing Support and Resources: Beyond legal representation, personal injury attorneys often offer emotional support and guidance through the recovery process. They can connect clients with medical professionals, rehabilitation services, and support groups, helping them navigate the challenges of adjusting to life after a TBI.
6. Advocating for Future Needs: Given the potential for long-term or permanent disabilities following a TBI, it’s essential to consider future care needs. A skilled attorney will work to secure compensation that covers not only immediate medical expenses but also long-term care, including therapy, counseling, medical equipment, and home modifications, if necessary.
7. Protecting Legal Rights: One of the most crucial roles of a personal injury attorney is to ensure that the victim’s legal rights are protected throughout the entire process. This includes adhering to statutes of limitations, filing all necessary legal documentation, and representing the victim’s interests in all legal proceedings.
Choosing the Right Attorney
When selecting a personal injury attorney after experiencing a TBI, it’s important to choose someone with specific experience in brain injury cases. These cases often require a deep understanding of both the medical and legal complexities involved. Look for an attorney who:
- Has a proven track record of successfully handling TBI cases.
- Demonstrates a deep understanding of the medical aspects of brain injuries.
- Shows compassion and a commitment to personalized attention.
- Has a network of medical and rehabilitation experts to consult on the case.
- Is prepared to take the case to trial if necessary to secure the best possible outcome.
