A brain injury occurs when the head is struck and/or yanked in an unexpected direction (during whiplash, for example) or penetrated by a foreign object. Most cases of traumatic brain injury involve an accident or a deliberate act or arise out of negligence. A brain injury can happen in a split second. Mild brain injury cases may result in a brief change in mental state or consciousness, while severe cases may result in extended periods of unconsciousness, coma, or even death. Brain injuries can be devastating physically, emotionally, and financially, which is why it’s important that any traumatic brain injury case is handled by an experienced legal representation.
Causes of Traumatic Brain Injury
In the United States, traumatic brain injuries caused by the actions (or inactions) of someone else generally are classified in three different categories:
- Reckless conduct. For example: driving while intoxicated.
- Negligent conduct. For example: failing to clean up a floor hazard at a market.
- Intentional conduct. For example: an assault.
Some common causes of traumatic brain injury are:
- Motor vehicle accidents
- Slip and fall accidents
- Being struck by or against an object
- Medical error
- Workplace accidents
- Combat injuries
- Recreational and sports injury
According to the Centers for Disease Control and Prevention (CDC), the leading causes of brain injuries include:
- Falls account for almost half of the brain injuries. Construction workers are at a high risk of being injured in falls from ladders, scaffolding, roofs and other heights. Anyone can suffer a brain injury in a slip and fall accident, however, older adults are particularly vulnerable.
- Car accidents are the second leading cause of brain injuries. Vehicle occupants can suffer traumatic brain injuries in high-impact collisions, while motorcyclists, bicyclists and pedestrians can also sustain brain injuries when they are struck by a car.
- Violent crimes such as assault and domestic violence often result in brain injuries. While violent crimes may result in criminal charges, it is possible to file a civil lawsuit against the defendant regardless of whether he or she is charged or convicted.
- Sports injuries are common in contact sports like football, boxing, hockey. However, traumatic brain injuries can also occur in baseball, lacrosse and skateboarding.
- Struck by/against an object. Brain injuries sustained after being struck by something could happen while playing contact sports such as football or boxing. Workplace and military accidents could also involve being struck.
Common symptoms of brain injury include physical symptoms such as confusion, disorientation, headaches, vomiting and nausea, sleepiness, tiredness, propensity to sleep more than is customary and dizziness; sensory problems like blurry vision or tinnitus (ringing in the ears) and increased sensitivity to sound or light; and mental difficulties such as cognitive impairment, loss of memory, irritability, anxiety, depression and mood swings.
Damages that may be claimed in a brain injury accident lawsuit include:
- Current and future medical bills
- Current and future loss of wages or income
- Physical suffering
- Loss of ability to enjoy or take part in the lifestyle the victim formerly enjoyed
Everyone responds to a brain injury differently. Some symptoms may appear right away, while others will gradually become more apparent. Worse still, some head injury effects may not show up until years later and may even be permanent, eventually requiring special equipment or care and affecting a victim’s ability to work and live independently.
Some long term consequences from a brain injury accident:
- Physical Impairments such as difficulty eating, breathing, and exercising can occur, and treatment may require special rehabilitation programs or expensive mobility devices.
- Cognitive Disabilities that affect a victim’s ability to think, organize, and act independently can have permanent effects on both the victim and their family.
- Issues with hearing, reading, writing, speaking, and trouble with numbers can lead to long-term Communication Issues.
- Whether it’s because of the injury itself or the results of the injury on the victim’s life, the emotional trauma that results may be something that a TBI victim carries with them for the rest of their life.
- TBI victims may become reckless, impatient, obsessive, or develop other behavioral impairments that were not present prior to their injury.
- If the brain’s voluntary movement portion is injured, muscles may become continuously stiff or spastic, interfering with the victim’s ability to speak, move, eat, and even breathe.
Victims may suffer through multiple surgeries and lengthy rehabilitation programs, a development that severely curtails a survivor’s ability to hold a job, live on their own, or truly enjoy life.Any medical procedure fees or recovery-related expenses incurred as a result of the accident can be claimed in a personal injury lawsuit. Because of the nature of the injury, if you or a loved one has experienced a TBI you should contact immediately an experienced attorney from Workers’ Advocate Law Group who can assist you accordingly.
File your claim and schedule your free consultation in English or Spanish today. Count on an experienced lawyer from Workers’ Advocate Law Group who has extensive experience in fighting for their clients’ rights.