Traumatic Brain Injury Lawsuits Explained

A traumatic brain injury, also known as TBI, alters how a person’s brain works. Traumatic brain injuries can be mild, moderate, or severe. In our experience handling traumatic brain injury lawsuits, we have handled cases involving a wide of range of brain injuries. We discuss each type below.

Mild Traumatic Brain Injury or Concussion

A mild TBI usually follows a blow to the head followed by symptoms of concussion, including post-concussion syndrome. In our work handling brain injury lawsuits, we typically see mild TBI in low-impact or low-speed motor vehicle accidents. In one case, our client was rear-ended and lurched forward, hitting his head on the steering wheel. Even though the collision occurred at a low rate of speed, the impact of hitting the steering wheel resulted in a concussion, or mild TBI. A mild TBI can create problems with concentration, headache, sensitivity to light or loud sounds, and other side effects. Treatment usually consists of rest and controlling mental stimulation.

Moderate Traumatic Brain Injury

Moderate TBI can be caused by a variety of unfortunate events, including falls, firearm-related incidents, motor vehicle crashes, and assaults. Moderate TBI typically involves some life-altering loss of mental function and some sort of economic loss. People with moderate TBI may be unable to work and earn money at their previous level of productivity. They may experience personality changes. There are significant social and economic costs associated with moderate TBI, including the need for ongoing care.

Severe Traumatic Brain Injury

Severe TBI, like moderate TBI, typically follows from the same sort of destructive impacts to the brain. The difference between moderate and severe TBI is a matter of degree. People with severe TBI will usually have permanent injuries without improvement. Simple routine tasks like going to the grocery store or scrolling on a cell phone may become impossible because of light sensitivity and vertigo symptoms. They may experience a substantial loss of quality of life and be unable to work. It is not unusual for people with severe TBI to seek governmental disability benefits. The social cost to severe TBI can be high. According to the CDC, “the lifetime economic cost of TBI, including direct and indirect medical costs, was estimated to be approximately $76.5 billion (in 2010 dollars).”

Traumatic Brain Injury Lawsuits

Our firm has handled a variety of cases involving traumatic brain injuries. As an example, we obtained a $193,000 settlement in a case where a woman fell on a dangerous sidewalk, severely injuring her head. She suffered moderate to severe TBI injuries, including light sensitivity and inability to work. As another example, we obtained a $375,000 settlement in a case where a man was injured in a golf cart crash at a hotel resort. One issue in these cases is proving the nature and extent of the traumatic brain injury. TBI doesn’t neatly show up on any one scan or test. The diagnosis of TBI is usually made following evaluation by a treatment team including a neuropsychologist and a neurologist. Obtaining the necessary expert proof to establish TBI is a key issue in traumatic brain injury lawsuits. That is why it is important to retain an experienced brain injury attorney from a reputable personal injury law firm for these kinds of cases.

I or a loved have a Traumatic Brain Injury, what should I do?

After you have have sought the necessary medical treatment, it may be worth looking into whether you or your loved one has a valid legal claim that someone else is responsible for your injury. Sometimes this is obvious, as in the case of a motor vehicle accident or trucking accident. Sometime this is harder to figure out, as in the case of the defective sidewalk design case mentioned earlier. That’s why it is important to contact the experienced traumatic brain injury lawyers at DRS Law today.

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