- $16 million for a construction worker who suffered a TBI after falling from scaffolding.
- $10.775 million for a woman who sustained a TBI in a serious truck accident.
- $6.5 million for a construction worker injured in a scaffold accident resulting in a TBI.
- $1.25 million for a physician in Nassau County who suffered a TBI from a car crash.
Each year, millions of Americans experience brain injuries, encompassing TBIs, closed head injuries, skull fractures, and brain bleeds. A significant number of these individuals face long-term disabilities. If you’re grappling with the aftermath of a TBI, understanding what it is, its causes, and your legal options is the first step towards recovery and justice.
What Exactly is a Traumatic Brain Injury (TBI)?
A traumatic brain injury occurs when a forceful impact or trauma to the head disrupts the brain’s normal function. This disruption can range from mild, like a concussion, to severe, depending on the injury’s intensity and the affected brain area. Most TBIs are considered mild, causing temporary changes in mental state or consciousness. However, severe TBIs can lead to prolonged unconsciousness and lasting neurological impairments.
Brain trauma often results from a direct blow to the head, which can bruise the brain and damage delicate internal tissues and blood vessels. There are two main categories of head injuries:
- Closed Head Injury: In these injuries, the skull remains intact. The brain is jolted against the skull’s interior, leading to shearing or tearing of internal linings, nerves, tissues, and blood vessels. This can cause bleeding, bruising, and swelling, often classified as subdural hematomas, subarachnoid hemorrhages, and epidural bleeds.
- Penetrating or Open Head Injury: These injuries involve a fracture of the skull, where an object pierces the skull and enters brain tissue.
The initial brain damage at the time of impact is known as the primary brain injury. Following this, a secondary brain injury can develop over hours or days. This involves a complex cascade of cellular, chemical, tissue, and blood vessel changes that can further destroy brain tissue and exacerbate the initial damage.
The Widespread Impact of Traumatic Brain Injuries
Traumatic brain injuries are a significant public health concern. Approximately 1.7 million Americans sustain a TBI annually, leading to around 275,000 hospitalizations. Tragically, over 52,000 individuals die each year from TBI, and a staggering 125,000 become permanently disabled. The Centers for Disease Control and Prevention (CDC) estimates that at least 3.2 million Americans live with permanent disabilities resulting from TBIs.
Certain age groups are at a higher risk of TBI, including:
- Children aged 0-4 years
- Adolescents aged 15-19 years
- Adults aged 65 years and older
Nearly half a million children experience serious brain injuries from accidents each year. Furthermore, males are 1.5 times more likely to suffer a TBI than females. Certain professions, such as construction work, also carry a higher risk of brain injuries due to the nature of the work environment.
Common Causes of Traumatic Brain Injuries
Understanding the common causes of TBIs is crucial for prevention and legal considerations. The most frequent cause of TBI is falls, accounting for approximately 35.2% of cases. Motor vehicle accidents and traffic crashes are the second leading cause, responsible for about 17.3% of TBIs. Sports-related injuries are also a significant contributor to TBIs, particularly among younger populations. Other causes can include assaults, workplace accidents, and incidents involving pedestrians or cyclists.
Recognizing the Signs and Symptoms of a TBI
The symptoms of a TBI are varied and depend heavily on the injury’s severity and location within the brain. These symptoms can be broadly categorized as physical, cognitive, and behavioral changes:
Physical Symptoms:
- Persistent headaches
- Dizziness and balance issues
- Fatigue and unexplained weakness
- Muscle spasticity
- Loss of coordination
- Nausea and vomiting
- Changes in senses (taste, touch, sight, smell, hearing)
- Sleep disturbances
- Seizures
- In severe cases, coma
Cognitive Symptoms (Thought-Related):
- Memory loss (amnesia)
- Shortened attention span
- Difficulty concentrating
- Problems with problem-solving
- Confusion and disorientation
- Impaired judgment
- Language and communication difficulties
- Challenges in learning and understanding new information
Behavioral Symptoms:
- Depression and anxiety
- Mood swings and irritability
- Restlessness and agitation
- Frustration and low tolerance
- Lack of empathy
- Inappropriate or aggressive behavior
- Difficulty controlling emotions
It’s important to note that symptoms can emerge immediately after the injury or develop over time. Seeking prompt medical attention after any head trauma is crucial for accurate diagnosis and appropriate management.
Recovery and Long-Term Outlook After a TBI
The duration and recovery process for a TBI vary significantly based on the injury’s severity. Mild TBIs, or concussions, usually see symptom improvement within hours to days, with complete resolution typically within three months.
However, moderate to severe TBIs can result in long-lasting, potentially permanent medical, physical, and cognitive challenges. These often necessitate specialized and ongoing care, including:
- Physical therapy to regain motor skills and mobility.
- Speech therapy to address communication and swallowing difficulties.
- Neuropsychological therapy to manage cognitive and emotional issues.
- Occupational therapy to improve daily living skills.
A TBI is often considered a catastrophic injury due to its potential for long-term disability and impact on quality of life. While recovery is possible, especially with dedicated care and rehabilitation, the more severe the TBI, the less likely an individual will fully return to their pre-injury status. Nevertheless, many individuals continue to improve for years following their injury with appropriate support and treatment.
When Should You Consult a Traumatic Brain Injuries Lawyer?
If you or a loved one has experienced a head injury due to a fall, accident, or any blunt trauma and are exhibiting symptoms of a TBI, it’s essential to understand your legal rights. You may have grounds to pursue a lawsuit, especially if the injury resulted from someone else’s negligence or wrongful actions.
Benefits of Filing a Lawsuit for a Traumatic Brain Injury:
Dealing with a TBI involves significant financial burdens. The costs associated with medical treatment, rehabilitation, ongoing care, and lost income can be overwhelming. A successful lawsuit can provide crucial financial support to cover these expenses, helping to alleviate financial strain and ensure access to necessary care. Compensation can address:
- Medical expenses (past and future)
- Rehabilitation costs
- Lost wages and future earning potential
- Assistive devices and equipment
- Pain and suffering
- Loss of enjoyment of life
Time Limits for Filing a TBI Lawsuit:
It’s critical to be aware of the time limits, known as statutes of limitations, for filing a lawsuit. These deadlines vary by state, and missing them can permanently bar your right to seek compensation. Therefore, if you suspect a TBI resulting from negligence, seeking legal counsel promptly is paramount to protect your rights.
Why Choose Experienced Traumatic Brain Injury Lawyers?
When a TBI results from another party’s wrongful conduct, experienced traumatic brain injury lawyers are indispensable. These cases require attorneys with:
- Specialized Knowledge: Deep understanding of brain injuries, medical terminology, and related medical issues.
- Investigative Skills: Ability to thoroughly investigate the accident, gather evidence, and establish liability.
- Litigation Experience: Proven courtroom track record and skills to effectively present your case.
- Compassion and Dedication: Commitment to advocating for your rights and securing the maximum possible compensation.
Firms like Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf possess the necessary experience, medical understanding, and courtroom expertise to build a strong case on your behalf. They are dedicated to ensuring you receive full compensation for medical expenses, rehabilitation, lost income, pain, suffering, and loss of life’s enjoyment.
If you believe you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, contacting a qualified Traumatic Brain Injuries Lawyer is a vital step. Do not hesitate to seek legal advice to understand your options and pursue the justice and compensation you deserve. Contact us today for a consultation and let our network of experienced attorneys guide you through this challenging time.
