Brain Injuries

Mar 24, 2020 By Andrea Gold Read in 4 minutes

A brain injury caused by the negligence of another is devastating.

There are about 1.7 million traumatic brain injuries (TBI) in the United States every year, according to the American Association of Neurological Surgeons. The annual costs associated with these injuries are about $48-56 billion.

When you sustain a brain injury, whether it's minor or severe, the recovery time can be expensive and lengthy. Recovery starts with a proper diagnosis, which includes costly diagnostics and treatment. Many brain injury patients are not able to go back to work for months and, in some cases, not at all.

There are two types of brain injuries; one is a traumatic brain injury (TBI), which is caused by an external force, and the second is a non-traumatic brain injury caused by lack of oxygen, exposure to toxins, and other factors.

Traumatic Brain Injury Causes

  • Slips or Falls-according to WebMD, falls are the leading cause of (TBI's).
  • Car accidents-road traffic injuries are the second leading cause of TBI, according to WebMD.
  • Workplace injuries-brain injuries due to a workplace accident aren't uncommon. This can take place due to falling objects, walking into an object, slip or fall, and more.
  • Abuse-brain injury is a typical result of domestic violence in the United States, according to the National Coalition Against Domestic Violence (NCADV)'s.

Non-Traumatic Brain Injury Causes

  • Toxic exposure- exposure to toxic chemicals can lead to irreversible brain damage. In most cases, toxic brain injury is permanent, but there is treatment for the symptoms.
  • Electric shock- work injuries such as electric shock can cause brain injury.

Brain Injury from Whiplash

What many people don't realize is that whiplash can cause brain damage. This type of injury is called a closed head injury because it takes place within the skull. The rapid back and forth motion can cause the brain to impact the other side of the skull resulting in brain damage. Some insurance companies try to dismiss this type of brain injury because it isn't apparent right away. Many people don't realize they have a brain injury until weeks or even months later.

Physical Symptoms of Brain Injury

  • Nauseous
  • Headaches
  • Dizziness
  • Loss of consciousness
  • Confusion

Cognitive Symptoms

  • Amnesia
  • Concentration Issues
  • Disorientation
  • Short term memory loss

Emotional Issues

  • Agitation
  • Depression
  • Personality change
  • Appetite changes
  • Irritability

How Can a Brain Injury Affect You?

  • Memory issues-many people are confused after the accident and have a hard time with short term memory. Some people with a TBI suffer from post-traumatic amnesia, which can last a few minutes, days, or a lifetime.
  • Slow learning-brain damage can cause many learning issues such as impaired memory, comprehension, slow thought processing, attention span issues, difficulty understanding cause and effect, trouble following a sequence, and problems with complex information.
  • Mood swings-head injuries can cause neurological damage that can lead to emotional issues such as overreacting, crying, angry outbursts, and more.
  • Behavior changes- behavioral changes after a head injury are common. You may notice issues with anxiety, depression, and other behavior changes that can worsen over time.
  • Balance-many people have issues with their balance after a head injury, which could lead to other problems.
  • Concentration-lack or lessening of concentration is also common after this type of accident. You may have issues focusing, paying attention, finishing a project, and more.

Elements of a Brain Injury Lawsuit

    If you suffered a brain injury due to someone's negligence, you might have a lawsuit. In a negligence claim, our skilled attorneys will work hard to prove the information below.

  • Causation: negligence by the defendant that is directly responsible for your injury or damage.
  • Damages: to file a claim, you must be able to show non-economic or economic damages as a result of your brain injury. Damages can include medical bills, lost wages, emotional distress, and loss of enjoyment in life.
  • Duty of Care: doctor's, chiropractors, and other professionals have a legal obligation requiring them to exercise reasonable care. They are required to perform their duties up to a certain level of standards to prevent harm to others.
  • Breach of Duty: to prove breach of duty, your doctor or the person or entity you're suing must have breached their duty of care.

A brain injury caused by the negligence of another is devastating physically and emotionally. The recovery process can be expensive and impact you and your family both emotionally and financially. In some cases, recovery can require medical attention for a lifetime.

It's essential to have a legal team behind you that understands the tactics used by insurance companies and defense attorneys that fight these types of claims every day. If the negligence of a person, company, or other entity caused your brain injury, our dedicated brain injury attorneys will build a strong case and help you get the justice and compensation you and your family deserve.