A Traumatic Brain Injury (TBI) is a serious injury to the brain caused by an external force, such as a blow to the head, a fall, or an accident. TBI can range from mild concussions to severe brain damage, and it can have long-lasting or permanent effects on a person’s physical, cognitive, and emotional well-being.
The impact of a traumatic brain injury can change a person’s life forever, leading to long-term medical needs, lost income, and significant emotional distress. If you or a loved one has suffered a TBI due to someone else’s negligence or recklessness, you may be entitled to compensation.
Types of Traumatic Brain Injury
Traumatic brain injuries can be classified based on severity and the type of injury. Common types include:
1. Concussion:
A mild TBI caused by a blow or jolt to the head. While concussions can often go unnoticed, they can still cause lasting cognitive or emotional effects.
2. Contusion:
A bruise on the brain caused by a direct impact, often leading to swelling or bleeding in the brain.
3. Penetrating Injury:
Occurs when an object (e.g., a bullet, shard of glass) pierces the skull and enters the brain, causing damage to brain tissue.
4. Diffuse Axonal Injury:
A severe form of brain injury that occurs when the brain is rapidly shifted inside the skull, causing widespread damage to brain cells, often leading to unconsciousness or coma.
5. Coup-Contrecoup Injury:
A type of injury where the brain is injured at the site of impact (coup) and then rebounds to the opposite side of the skull (contrecoup), causing damage to both sides of the brain.
Causes of Traumatic Brain Injury
There are many causes of traumatic brain injury, including:
Car Accidents
Whiplash, sudden impacts, or ejections from vehicles can result in TBI.
Slip & Fall Accidents
Falling from a height or tripping can cause a head injury that leads to a brain injury.
Workplace Accidents
Construction site injuries, falls, or being struck by objects can lead to TBIs.
Sports Injuries
Contact sports like football, hockey, and soccer have a higher incidence of TBIs, especially concussions.
Physical Assaults
Violence, such as domestic abuse or physical attacks, can cause traumatic brain injuries.
Medical Malpractice
Errors during surgery or failure to diagnose a brain injury can lead to serious harm.
Symptoms of Traumatic Brain Injury
Symptoms of TBI can vary greatly depending on the severity of the injury. They may include:
Memory loss, confusion, difficulty concentrating, problems with speech or comprehension.
Emotional Symptoms:
Mood swings, depression, anxiety, irritability.
Behavioral Symptoms:
Impulsivity, lack of coordination, difficulty with daily tasks or decision-making.Impulsivity, lack of coordination, difficulty with daily tasks or decision-making.
Some symptoms, particularly after a mild TBI (like a concussion), may not show up immediately, so it’s important to seek medical attention right away if you suspect a head injury.
Long-Term Effects of Traumatic Brain Injury
The consequences of a traumatic brain injury can be life-altering, particularly if the injury is severe or left untreated. Long-term effects of TBI may include:
Chronic Traumatic Encephalopathy (CTE): A degenerative brain disease often seen in athletes who suffer repeated head trauma, leading to dementia-like symptoms.
Post-Concussion Syndrome: Persistent symptoms such as headaches, dizziness, and memory problems long after a mild concussion.
Cognitive Impairment: Issues with memory, concentration, and executive functioning.
Physical Disabilities: Paralysis, motor skill difficulties, speech issues, and sensory problems.
Emotional and Behavioral Changes: Depression, anxiety, personality changes, and an increased risk of substance abuse.
How to Prove Liability in a TBI Case
In a traumatic brain injury case, it’s important to establish that the injury was caused by someone else’s negligence or wrongful conduct. To prove liability, we will examine the following:
1
Duty of Care
The at-fault party had a responsibility to take reasonable steps to prevent harm (e.g., a driver had a duty to drive safely, an employer had a duty to maintain a safe workplace).
2
Breach of Duty
The defendant’s actions or failure to act resulted in a breach of their duty of care (e.g., running a red light, neglecting safety protocols).
3
Causation
There must be a direct connection between the breach of duty and the TBI. This may involve medical testimony or accident reconstruction to show that the injury was a result of the defendant’s actions.
4
Damages
The injured party must have suffered harm, such as medical bills, lost wages, pain and suffering, and diminished quality of life.
Why Choose Schnepper Law?
We are committed to helping individuals and families whose lives have been changed by traumatic brain injuries. Our experienced attorneys have successfully represented clients in a wide variety of TBI cases, including accidents, medical malpractice, and workplace injuries.
We offer:
In-Depth Knowledge of TBI Cases:
Traumatic brain injuries require expert medical analysis and legal strategy. We work with leading neurologists and medical experts to evaluate the full extent of your injury and ensure you get the compensation you deserve.
Compassionate Representation:
We understand the emotional and financial toll of a brain injury. We treat every client with the care and respect they deserve, helping them navigate the complexities of their case with confidence.
Aggressive Legal Advocacy:
We don’t back down from a fight. Whether negotiating a settlement or taking your case to trial, we’re dedicated to securing the best possible outcome for you and your family.
Steps to Take After a Traumatic Brain Injury
If you or a loved one has suffered a traumatic brain injury, here are the critical steps to take:
1
Seek Medical Attention
Getting a proper diagnosis and treatment is crucial. Even if the injury seems mild, seek medical evaluation right away.
2
Document Everything
Keep a record of all medical visits, treatments, and any changes in your symptoms. Also, collect evidence from the scene of the accident, such as photos, police reports, and witness statements.
3
Contact an Experienced Lawyer
The sooner you contact a lawyer, the better. A timely investigation can help preserve critical evidence and ensure your legal rights are protected.
Statute of Limitations
The time you have to file a traumatic brain injury claim varies by state, but it typically ranges from 1 to 3 years from the date of the accident or discovery of the injury. It’s important to consult with an attorney as soon as possible to ensure your claim is filed within the legal deadlines.
How Schnepper Law Can Help
At Schnepper Law, we understand how devastating a traumatic brain injury can be. Our legal team is here to help you get the compensation you need for your medical bills, lost wages, pain and suffering, and more. Contact us today for a free consultation to discuss your case and learn about your legal options.