Brain Injury Lawsuit

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 important 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 as a result of 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

Traumatic brain injury (TBI), is when the brain suffers from sudden trauma, according to the National Institute of Neurological Disorders and Stroke1. More specifically, the Centers for Disease Control and Prevention2 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 results 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 serious injury that affects millions of people every year. In 2014, the CDC estimated about 2.8 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 injuries everyday that is in relation to a traumatic brain injury.

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.

There are about 5.3 million people living with a disability caused by traumatic brain injury in the United States alone, according to the American Association of Neurological Surgeons3.

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 47 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 covers a lot of 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 second most common. About 15 percent of all TBI cases were related to being struck 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, being unable to form words, and more.

Sensory Function
The brain controls the senses, but an injury could 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 victim(s). The CDC estimates 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 important 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 be able to file a lawsuit. Seek legal help from a personal injury lawyer who specializes in brain injury litigation.

Examples of TBI Lawsuits

Many people who have suffered from a TBI have 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, that 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 damages4.

In 2017, the parents of a child who suffered permanent brain damage sued the federal government after a doctor at a health clinic 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 wages5.

There have also been cases of employees at work who suffered injuries while on the jobsite. 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 damages6.

Brain Injury Lawsuit