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Brain Injury Lawsuit

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While it is essential to have functioning organs like the heart to keep a person alive, the brain is by far the most important part of the human body. It controls nearly everything we do from our voluntary and involuntary movements like walking and breathing.

Despite being such an essential aspect of our body, the brain is surprisingly vulnerable. Something as simple as a single jolt to the head or fall could be a catastrophic injury that severely affects a person’s life forever.

Those who suffer from a traumatic brain injury due to negligence or reckless behavior by others may seek legal action. Find out more about traumatic brain injury and how a lawsuit could help.

Traumatic Brain Injury Definition

According to the National Institute of Neurological Disorders and Stroke, traumatic brain injury (TBI) occurs when the brain suffers from sudden trauma. More specifically, the Centers for Disease Control and Prevention defines a TBI as a penetrating head injury from a bump, blow, or jolt that disrupts the brain’s normal function.

It is important to acknowledge that not all blows or jolts to the head result in a traumatic brain injury. A TBI can occur from a sudden and violent jolt to the head or when an object pierces the skull, like a gunshot wound, and goes directly into the brain.

The severity of a TBI can range from mild, moderate, to severe. This depends on the extent of the injury to the brain.

Prevalence of Traumatic Brain Injury

Traumatic brain injury is a severe injury that affects millions of people every year. In 2014, the CDC estimated about 2.5 million emergency room visits, hospitalizations, and deaths were related to TBI.

About 50,000 deaths are attributed to TBI in the United States every year. Around 153 people die from TBI-related injuries every day.

Males account for the vast majority of all TBI cases at 78.8 percent, with females accounting for the rest. The issue is especially prevalent among children as 1 in 4 causes of TBI were caused by being struck by or against an object. Starting at the age of 30, the risk of dying from a head injury begins increasing. At age 75 and older, the death rate from head injury is highest. According to the American Association of Neurological Surgeons, about 13.5 million people live with a disability caused by traumatic brain injury in the United States alone.

Leading Causes of Traumatic Brain Injury

The causes of TBI vary widely. These are among the most common situations that result in traumatic brain injury.

Falls

The most recent data from the CDC says that falls are the leading cause of TBI in the country, accounting for 48 percent of all TBI-related cases. This type of injury disproportionately affects the young and the old. More than half of TBI cases in children under 15 are from falls, while nearly 4 in 5 cases of TBI in adults over 64 are from falls.

Falls cover many different situations, from slipping on an icy sidewalk to tripping over something in the living room.

Being Struck By or Against an Object

Being struck by or against an object comes in at the second most common. About 15 percent of all TBI cases were related to being hit in the head by an object like a ball or bullet. This could result from being struck by a fallen branch on a windy day.

Motor Vehicle Accidents

Although TBI from car accidents has been dropping over the years, it remains the third highest cause of traumatic brain injury cases. It accounted for about 14 percent of TBI-related cases in the country.

Common Traumatic Brain Injury Symptoms

Depending on the extent of the damage to the brain, symptoms can range from mild to severe. In some cases, it is not immediately evident that a traumatic brain injury even occurred. However, there are a few things to watch out for.

Mild TBI Symptoms:

  • Heachache
  • Confusion
  • Dizziness
  • Ringing In The Ears
  • Bad Taste In The Mouth
  • Mood Changes
  • Blurred Vision
  • Lightheadedness
  • Fatigue
  • Difficulty Concentrating
  • Memory Problems
  • Trouble Holding Attention

The National Institute of Neurological Disorders and Stroke1 warns that moderate to severe cases may show some of the same symptoms of mild TBI but with additional signs.

Moderate to Severe TBI Symptoms:

  • Long, Worsening Headache
  • Repeated Vomiting
  • Nausea
  • Seizures
  • Dilation Of The Pupils
  • Slurred Speech
  • Weakness In Limbs
  • Numbness In Extremities
  • Coordination Issues
  • Agitation
  • Restlessness
  • Heavy Sleeping

Effects of Traumatic Brain Injury

In some cases, the TBI is so severe that it is fatal. In nonfatal cases, the effects of TBI can be numerous and varied. There could be changes in a person’s consciousness. For example, the person could fall into a coma, vegetative state, minimally conscious state, or brain death.

The short- and long-term effects fall into four categories: cognitive function, motor function, sensation, and emotion.

Cognitive Function

Changes to cognitive skills are not uncommon in those suffering a TBI. In some cases, the person may suffer from memory problems, difficulty keeping attention, an inability to organize thoughts, and trouble following conversations. Cognitive decline may not be outwardly recognizable because there is usually no physical indicator.

Motor Function

A person’s motor skills may also see a decline. For example, an individual may suffer weakness in an extremity, vertigo, impaired coordination, difficulty writing, inability to form words, and more.

Sensory Function

The brain controls the senses, but an injury can cause impairment of sensation. This could manifest itself as difficulty hearing, double vision, blurred vision, blind spots, bitter tastes, ringing in the ears, foul smells, tingling skin, pain, impaired touch, and more.

Behavioral Function

Finally, there may also be changes in a person’s mood and behavior. This is a problem publicized by the family of many football players with TBI who exhibited anger, insomnia, depression, anxiety, mood swings, irritability, and suicidal thoughts and actions. Other behavioral changes may include impulse-control problems, social awkwardness, and risky behavior.

None of these short- or long-term effects on a person is mutually exclusive. They can all happen together and may even be caused by a TBI-related degenerative brain disease like Parkinson’s disease, Alzheimer’s disease, dementia, and chronic traumatic encephalopathy (CTE).

Traumatic Brain Injury & Legal Claims

The ramifications of a brain injury are wide-reaching. Not only is the victim affected by a TBI, but also the families who have to make sacrifices to their lives to pay for or take care of the victim(s). The CDC estimates that the economic cost of TBI in 2010 was $76.5 billion. Some of the cost falls on society and insurance companies, but much of the cost is on victims and their families.

It is essential to know your legal rights when you or your loved one has suffered a traumatic brain injury due to negligence. Depending on the cause of the TBI and proof that the person or organization who caused their injury is legally responsible and at fault, the victim and their family may file a lawsuit. Seek legal help from a personal injury lawyer who specializes in brain injury litigation.

Examples of Brain Injury Lawsuits

Many people who have suffered from a TBI have hired brain injury lawyers and successfully filed lawsuits against those who caused their injury. Here are a few examples.

Car crashes are commonly at the center of lawsuits related to TBI. In one example, a real estate lawyer suffered a traumatic brain injury after the taxi he was riding in swerved off the road and crashed into a concrete barrier in 2005. In 2015, the man and his wife sued the taxi company and were awarded nearly $26 million in damages.

In 2017, the parents of a child who suffered permanent brain damage sued the federal government after a health clinic doctor was found to have negligently used forceps during delivery. A judge ruled that the federal government should pay the couple $32.9 million in past and future medical expenses, $5 million for noneconomic damages, and $2.7 million in lost wages.

There have also been cases of employees at work who suffered injuries while on the job. In one case, an employee who worked at an oil well site was shot in the air after being exposed to a piece of equipment that released a large amount of pressure. He suffered a severe traumatic brain injury after landing on his head. Even though he was found partially at fault, he and his wife were initially awarded nearly $8.5 million in damages.

Recovering Damages in a Lawsuit

When someone else’s negligent actions cause an incident that results in a brain injury, the victim’s family members could be entitled to compensation. Legal representatives like those at The Eichholz Law Firm are ready to consult with anyone who believes that someone is legally liable for a loved one’s head or brain injury. Even if there are already ongoing negotiations with an insurer or if a workers’ compensation claim is in process, our legal team wants to discuss all options with the victim’s family members to ensure that all responsible parties are held liable.

In the event of a TBI injury due to another party’s negligence, certain damages may be recovered through a brain injury lawsuit. It is crucial to speak with an experienced brain injury lawyer to determine the amount of damages you can recover in your specific case. The following is a listing of some common damages often mentioned:

  • Medical Expenses – A brain injury victim can claim damages and request financial compensation for medical expenses that have been incurred due to the injury. Such costs may include hospital bills, doctor visits, therapy sessions, rehabilitation center expenses, medications, and medical equipment.
  • Loss of Wages – Commonly, brain injury patients miss a substantial amount of time from work. These victims can claim financial compensation for the income they have already lost, plus income they will likely lose in the future because of the accident.
  • Pain and Suffering – Brain injury victims may be eligible to claim financial compensation for any lasting physical or emotional pain, such as brain damage or amnesia.
  • Lost Enjoyment of Life – Victims and their families can ask for financial compensation because of their lost ability to ever again enjoy certain things they used to do.
  • Wrongful Death – If a victim succumbs to death from an accident-caused brain injury, remaining family members can seek damages such as funeral expenses and loss of present and future financial support.

Medical Expert Testimony

At The Eichholz Law Firm, our brain injury lawyers work with medical experts. They help us demonstrate causation, one of the essential and most difficult elements to prove in a lawsuit.

To demonstrate a link between the defendant’s negligence and the victim’s injuries, these experts will examine medical records and determine whether the medical professional failed to meet the standard of care required by their profession. They will also compile evidence to prove the failure, such as creating computer simulations of the accident.

Our medical experts’ testimony helps show jurors a correlation between the responsible party’s negligence and the victim’s brain injury. Although prior success cannot guarantee a future outcome, our attorneys’ ability to utilize expert witness testimony has led to many successful verdicts and settlements.

Get Help From Our Brain Injury Lawyers

A highly skilled lawyer will perform certain functions that help ensure success in a lawsuit. Some of these actions include:

  • Determining negligence
  • Identifying those responsible
  • Conducting independent and thorough investigations
  • Recreating accident events
  • Dealing with Insurers
  • Negotiating a settlement
  • Completing lawsuit paperwork
  • Providing expert legal advice

Contact The Eichholz Law Firm

If you or a loved one has suffered a brain injury due to someone else’s negligence, please call the skilled brain injury lawyers at The Eichholz Law Firm.

We help brain injury victims take legal action that advances their legal rights. Our attorneys are skilled and experienced in litigating brain injury lawsuits. We will negotiate on behalf of clients for maximum financial compensation. We will work to resolve your case outside of court but will take the matter to a judge or jury if necessary.

References

Please seek the advice of a medical professional before making health care decisions.
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