Traumatic Brain Injury is defined by the American Medical Association as a Brain dysfunction caused by an outside force, usually a violent blow to the head, via a fall, car accident or other trauma. Traumatic brain injury often occurs as a result of a severe sports injury or car accident, as an example.
Immediate or delayed symptoms may include confusion, blurry vision, and concentration difficulty. Infants may cry persistently or be irritable. However, ongoing mental, emotional, psychological or physical challenges can continue through a lifetime.
In particular, if the Traumatic Brain Injury is a Closed Head Trauma, an additional difficulty lies with the fact that the outside world cannot physically see the harm done to your health.
In “looking healthy,” your loved ones may not understand personality changes or memory loss, and often due to the isolation and loneliness of this type of injury, it is often difficult to hold a job.
While there are levels of severity in brain injuries, the same injury in one person might produce different symptoms in another. Even if you believe your brain injury is mild, you may still suffer serious and long-lasting effects. Unless you seek medical attention, there is no way to know for sure whether you or somebody else has suffered a TBI or may be in danger due to one.
Depending on the medical professional’s assessment of how severe the injury to your brain is, TBIs can usually be placed into one of three categories:
A concussion is a minor brain injury that is caused by an impact to the head, shaking, or a sudden change in movement, like whiplash. Oftentimes, concussions cannot be seen through an imaging test, but they should still be considered serious and should be treated as so.
Concussions can cause headaches, problems with concentration, memory loss, and disorientation. Concussions are especially dangerous if more than one is sustained over time, or if a second one occurs before the first one heals (“second impact syndrome”).
Second Impact Syndrome: A second impact is more likely to cause severe brain damage than a first, even if the victim does not lose consciousness. If you suffer a blow to the head in the months following a brain injury, seek prompt medical care, even if you feel fine. Often, second concussions are a silent killer, since both impacts can appear minor at the time.
A brain contusion is a bruise of the brain tissue, just like one might have a bruise on their skin. And like any other bruise, they are caused by the breaking and leaking of small blood vessels. On the skin level, this leaking blood under the skin is what causes the blue coloring; on the brain, the leaking causes a plethora of issues that mostly relate to a building of pressure.
Brain contusions can be caused by any impact to the head. For example, a contusion may occur in a car accident when the head hits the steering wheel, a slip, and fall when the head hits the ground, or in a sports-related accident in which the brain takes a significant impact.
During the impact that causes a brain contusion, it’s possible for the brain to be damaged directly under the site of impact, on the opposite side from the point of impact as the brain is slammed into the opposing side of the skull, or both.
Contusions, like concussions, can range dramatically from minor to extremely severe. Severe contusions may cause a loss of consciousness, confusion, tiredness, emotional distress, or agitation. More severe contusions may cause the brain to swell, could prevent proper oxygenation, and other serious consequences.
Penetrating brain injuries occur when some type of object pierces through the skull. This may cause the object, or hair, skin, or fragments of the skull, to make contact with the brain. This contact with and force on the brain can cause serious injury to a concentrated, or large, part of the brain.
Penetrating brain injuries may be caused by any external force or object that is strong enough to break through the skull, such as:
An anoxic brain injury occurs when the brain does not receive enough oxygen to operate properly. After just four to five minutes without a proper amount of oxygen, brain cells will begin to die and brain injury will occur. Since oxygen is carried to the brain by blood, anoxic brain damage most often occurs because of a blockage of this blood flow.
A diffuse axonal injury (DAI) is similar to a concussion in that it results from the brain moving, but it is often much more serious. With a DAI, the head so violently moves that the brain stem cannot keep up with the rate of movement, causing tears in the connections of the brain to the spinal cord. These tears can be microscopic, producing varying degrees of brain damage, or they can be quite large.
Tears that are sufficient may cause extremely serious, life-long effects or they can even be fatal. The severity of symptoms with this type of injury is largely dependent on the brain areas affected, the severity of the tears, and whether any other injuries — such as a contusion or concussion — were also sustained.
One type of traumatic brain injury is a hypoxic brain injury, which occurs when the brain receives some but not enough oxygen and suffers damage as a result. This is usually achieved by incomplete reduction of oxygen to the lungs or blood to the brain via some form of inefficient suffocation like:
One version of hypoxic brain injury is a hypoxic-ischemic brain injury, also called stagnant hypoxia or ischemic insult.
Cognitive: Short- or long-term memory loss; spatial disorientation; difficulty concentrating, communicating, or planning.
Psychological/Behavioral: Anxiety; depression; mood swings; agitation; impulsivity.
Physical: Seizures; headaches; speech impairment; partial or complete paralysis of the body; vision, hearing, smell, or taste loss.
A CT scan uses a series of X-rays to create a detailed view of the brain. A CT scan can quickly visualize fractures and uncover evidence of bleeding in the brain (hemorrhage), blood clots (hematomas), bruised brain tissue (contusions), and brain tissue swelling. Magnetic resonance imaging (MRI).
The amount of medical care you will need varies, but it is often very expensive. Your brain is an extremely sensitive organ and performs the most vital function of your entire body. Even if you can physically repair some of the damages resulting from TBI, you still need to face the negative effects it can have on your body for years to come.
The truth is, there is really no way to tell. A general estimate is that most brain injury cases generally settle for around $100,000 at the minimum. Due to the brain’s highly sensitive nature and how impactful injuries to it are, it is not uncommon to see TBI claims settle in excess of several million dollars.
This is not a guarantee that your case will settle in that amount. However, our lawyers will do everything in their power to get you the best settlement possible for your damages. TBIs can result in permanent and lasting damages that are worth the amount of money you can potentially receive. We will do everything we can to ensure that you get a fair settlement that covers all your needs and more.
The average TBI lawsuit will settle in 2 years timeframe, but can be slightly longer with someone who has a permanent disability.
The cost of caring for individuals with traumatic brain injuries varies substantially based on such factors as the severity of the injury (mild, moderate, and severe) and the age and health of the individual affected. Several studies developed by the CDC have projected average medical costs as follows:
There is no simple answer to this complex question. The answer depends on many factors such as:
Our recommendation is to always speak with an experienced Personal Injury Attorney to evaluate your specific case factors, your situation, and the appropriateness of retaining a lawyer.
Remember, when you deal directly with an insurance company, you are dealing with a large, corporate entity, specifically staffed with lawyers and specialists trained in techniques to minimize the value of your claims. They utilize many techniques that are very effective in reducing the value of their offers to you. You can read about numerous examples of case results where settlement offers increased by a factor of ten or more when clients have legal representation.
Do not give up your only leverage in dealing with an insurance company; you’re right to legal representation and due process. We provide an initial free consultation and personal injury case evaluation for all potential clients and will give you an honest assessment of the case including a potential value and strategy to win your case.
The Feidler Law Firm believes that everyone deserves high-quality legal representation, no matter their financial status. Therefore, we operate on a contingency fee basis, which means you pay us only when we win your case. Our fee would come in the form of a percentage of the settlement or verdict amount we obtain. If there is no recovery, there will be no attorneys’ fees.
You’re not alone. The Feidler Law Firm is here to help. Submit your information through our web form, or call The Feidler Law Firm at 843-790-9015 for a FREE consultation to discuss your case.
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