In the United States, an estimated 2.5 million people sustain a Traumatic Brain Injury (TBI) each year. This makes TBI the leading cause of death and disability in this country. The economic burden of TBI is estimated to be at 30 billion dollars annually.
Traumatic Brain Injury, once coined as the “Silent Epidemic” is an injury to the brain caused by an external force, such as a blow to the head or an object piercing the skull and brain, leading to various physical, cognitive, and emotional challenges.
Also, treating TBI can be extremely complicated. Many factors, including size, severity, and location of the brain injury, influence how TBI is treated and how quickly a person may recover.
If you or a loved one has experienced a TBI, you may be familiar with the financial, emotional, and physical challenges as a result of this diagnosis. The costs to cover TBI-related expenses can feel insurmountable. With this in mind, hiring a TBI attorney may be the best way to advocate for your recovery and get support for your medical expenses.
In this guide, we’ll cover the different types of Traumatic Brain Injuries and when to seek a TBI attorney.
What Causes a Traumatic Brain Injury?
TBI can occur due to various incidents, including falls, vehicle accidents, sports injuries, military injuries, and the like. Although a brain injury often occurs at the moment of head impact, much of the damage related to severe TBI develops from secondary injuries— emerging days, weeks, or even years after the initial trauma.
The most common causes of TBI include:
- Falls
- Motor vehicle accidents
- Sports injuries
- Violence (e.g., assaults, gunshot wounds)
- Explosive blasts and combat injuries
- Being struck by or against an object
- Workplace accidents
When to Seek Medical Attention for a Head Injury
All head injuries should be evaluated immediately by a medical professional. Head injuries are serious matters, so a visit to the emergency room is recommended.
The affected individual will likely undergo a neurological exam, which will evaluate their motor and sensory skills, hearing and speech, coordination and balance, mental status, and mood/behavior. The medical provider will likely use brain imaging to evaluate the extent of the brain injury.
Symptoms of Traumatic Brain Injury
The symptoms of TBI can vary from person to person, and range in severity. Also, certain symptoms may not be immediately present after the injury but emerge over time. If you experience a head injury, seek medical attention regardless of whether you experience symptoms right away or not.
Common symptoms of TBI include:
- Headaches
- Nausea and vomiting
- Fatigue or drowsiness
- Sleep disturbances
- convulsions/seizures
- Slurred speech
- Blurred vision
- Weakness of arms or legs
- Loss of balance
- Difficulty concentrating
- Memory problems
- Confusion or disorientation
- Mood swings
- Irritability or anxiety
- Depression
How Serious is a TBI?
The severity of a TBI can vary dramatically, with some individuals experiencing temporary changes in mental status or consciousness, while others may suffer from long-term complications.
Mild TBI
A “mild” TBI may have temporary effects such as headache, dizziness, confusion, or memory issues. Treatments will focus on pain relief and “brain rest”. For example, you should avoid activities that require high concentration or attention.
Note: TBIs can be misdiagnosed as “mild” and not changed to “severe” until new or worsening symptoms take place often weeks later.
Moderate TBI
A “moderate” TBI may include loss of consciousness, and/or physical, cognitive, or emotional impairments. It may also be characterized by memory loss lasting for more than 24 hours, but less than 7 days, and/or an abnormal CT, PET, or MRI.
Severe TBI
A “severe” TBI may involve more prolonged unconsciousness or coma, brain damage leading to permanent disabilities, and even life-threatening complications. The individual may also experience weakness in the legs or arms, balance and coordination issues, and/or hearing or vision loss.
Types of Traumatic Brain Injuries
Only a licensed medical professional will be able to diagnose the type and severity of the Traumatic Brain Injury. Assessing your specific condition will be imperative to your prognosis. If you have experienced a head injury, seek medical attention right away.
Here are the 5 main types of Traumatic Brain Injuries:
1. Concussion
Concussions are classified as mild TBIs and are typically caused by a blow to the head or a violent shaking of the head and body. Symptoms often include:
- Headaches
- Confusion
- Dizziness
- Difficulty concentrating
While many individuals recover fully from concussions, repeated injuries can lead to chronic complications and/or a “severe” TBI.
2. Contusion
A contusion is a bruise on the brain. It occurs when brain tissue is injured and bleeds, often as a result of a direct impact to the head. Symptoms can vary depending on the severity of the contusion and its location, potentially leading to seizures, confusion, or loss of consciousness.
3. Penetrating Brain Injury
This type of TBI occurs when an object penetrates the skull and enters the brain, causing direct damage to the brain tissue. Common causes include gunshot wounds and shrapnel injuries. Penetrating TBIs can be catastrophic, often leading to severe neurological deficits or death.
4. Acquired Brain Injury
Although not classified as TBI in the traditional sense, acquired brain injuries can result from internal factors such as strokes, tumors, or infections. These injuries may have similar symptoms to TBI and require thorough medical evaluation and treatment.
5. Diffuse Axonal Injury (DAI)
DAI is one of the most severe forms of TBI. It occurs when the brain moves rapidly back and forth inside the skull, resulting in widespread damage to the brain’s axons (the long projection of a nerve cell that conducts electrical impulses). This injury often leads to prolonged unconsciousness or a vegetative state.
Navigating the Long-Term Effects of TBI
Managing the long-term effects of a TBI can be difficult. From physical symptoms to mental impairment to mounting medical costs, there can be many residual effects from a brain injury. Seeking the support of a compassionate medical team, as well as a TBI attorney if needed, can be extremely helpful.
In the long-term, individuals who have a TBI may experience:
- Cognitive impairments, including difficulties with problem-solving, attention, and memory
- Changes in behavior and personality
- Physical disabilities, including motor function challenges and coordination issues
- Emotional disorders, such as depression and anxiety
- Increased risk of neurodegenerative diseases, like Alzheimer’s and Parkinson’s
Reasons & Causes to Hire a TBI Attorney
Not all TBIs are a result of a crime or negligence. If you had a simple accident of your own accord, you may not have a legal case. But if your TBI was a result of military service, a workplace injury, involvement in organized sports, or the like, there may be a basis for a legal case.
No matter the situation, it can be worth it to consult with a professional TBI attorney for a recommendation. You may not realize you have a case, then find out that there is a justification to seek compensation. This can be highly valuable when it comes to covering your medical expenses and long-term care.
Here are the most common instances in which to hire a TBI attorney:
Negligence (other party)
You may have a case if your TBI is a result of someone else’s negligence and/or your injury occurred on someone else’s property. Some examples include:
- Car, motorcycle, or bicycle accidents caused by another driver’s negligence
- Slip-and-fall incidents due to unsafe conditions on someone else’s property
Workplace Accident
Injuries sustained at work, especially in hazardous industries like construction, may justify a legal case against your employer to cover medical expenses.
Medical Malpractice
A Medical Malpractice suit may be justified if your brain injuries were a result of surgical errors, delayed diagnosis, or improper treatment.
Product Liability
If your TBI was caused by a defective product, like a faulty helmet, airbag, or sports equipment, you may have a case. The company may be held liable for your injuries.
Sports Injuries
Brain injuries caused by inadequate supervision, defective sports equipment, or unsafe conditions during organized sports may justify a legal case, if an organization or product may be held liable.
Assault
TBIs sustained during physical assaults, domestic violence, or other criminal acts by another party may justify a legal case.
Insurance Disputes
You might also have a case if you experienced a TBI and your insurance company denied or underpaid for your claim. Depending on the circumstances, you may be able to sue your insurance company.
How to File a TBI Lawsuit – Seek Legal Support
The in-hospital cost alone for one individual with a moderate to severe TBI can cost up to $400,000! This is not counting the cost incurred during rehabilitation. Other costs may include nursing home care, speech and occupational therapy, prescription medicine, assistive devices, in-home handicap modifications, and transportation expenses. Filing a lawsuit may be the right course of action to cover these costs.
You typically have up to 3 years to file a personal injury lawsuit following a TBI when the TBI was a result of negligence, workplace injury, or any of the scenarios listed above. Again, it’s best to consult with a personal injury attorney to assess your unique scenario, as you may not realize you have a case. The attorney will then be able to walk you through the filing process.
1. Understand Your Rights
An experienced attorney can help you navigate the complexities of the legal system and understand your rights as a victim of TBI. They can provide clarity on the legal avenues available to you, ensuring you receive the compensation you deserve.
2. Gather the Evidence
To build a successful case, you’ll need to collect the relevant evidence. This may include medical records, accident reports, witness testimonies, and expert opinions. An attorney can assist in collecting this evidence, which can help demonstrate the impact the TBI has had on your life.
3. Contact Your Insurance Company
See what is covered under your existing health insurance. Unfortunately, insurance companies often attempt to minimize payouts. An attorney with experience in TBI cases can negotiate on your behalf, ensuring you receive fair compensation for medical expenses, lost wages, and pain and suffering. They can also help sue your insurance company if needed.
4. Establish Cause and Liability
Proving liability in TBI cases can be complex. An attorney can help determine who is responsible for the injury, whether it’s an individual, business, or government entity, making it easier to pursue legal action.
5. Calculate the Damages
You can then work with an attorney to accurately calculate damages related to medical treatment, rehabilitation, lost income, and the potential for long-term disability. They will make sure all potential damages are accounted for in your claim, even including estimated future expenses.
Build Your TBI Case with The Oshman Firm
Not sure if you have a case? Contact The Oshman Firm for a free, no-obligation consultation! We can advise you on whether there is enough justification to prove intent or negligence, and whether there’s a liable party in your TBI case. You may be due compensation for your medical treatment, long-term disability, and suffering.
Traumatic Brain Injury can be a lifelong diagnosis and condition — one that requires extensive medical care and resources. Work with The Oshman Firm to get the compensation you’re due!
Sources:
- Centers for Disease Control and Prevention. National Center for Health Statistics: Mortality Data on CDC WONDER. Accessed April 2023, https://wonder.cdc.gov/mcd.html.
- Galgano M, Toshkezi G, Qiu X, Russell T, Chin L, Zhao LR. Traumatic Brain Injury: Current Treatment Strategies and Future Endeavors. Cell Transplant. 2017 Jul;26(7):1118-1130. doi: 10.1177/0963689717714102. PMID: 28933211; PMCID: PMC5657730.
- Traumatic Brain Injury.National Institute of Health. https://www.ninds.nih.gov/health-information/disorders/traumatic-brain-injury-tbi
- Rauchman SH, Albert J, Pinkhasov A, Reiss AB. Mild-to-Moderate Traumatic Brain Injury: A Review with Focus on the Visual System. Neurol Int. 2022 May 30;14(2):453-470. doi: 10.3390/neurolint14020038. PMID: 35736619; PMCID: PMC9227114.
