Traumatic Brain Injuries (TBI) usually occur through a jolt, bump or blow to the head that causes head injury. TBI can be very deadly and often leads to long-term complications. It can also cause some form of disability in a victim. Traumatic brain injuries can also affect the sufferer psychologically and socially. If you or your loved one suffers from TBI because of an accident, CAIL Personal Injury Law Firm can help you get the compensation you deserve.
Types of Brain Injuries
The brain is such a delicate organ of the body. Most times, it can be hard to discover damage to it until it’s too late. That’s why it’s essential to go for a medical evaluation, even for minor head injuries.
The treatment you will receive at the hospital will depend on the TBI type and complexity you have. These are the major types of Traumatic Brain Injuries:
Hemorrhage is the medical term for bleeding. When it comes to TBI, it means uncontrolled bleeding in the brain due to head trauma — whether external or internal. It’s dangerous because it drains blood (an essential component of the brain) from the brain. Anyone suffering from brain hemorrhage must seek urgent medical attention. It’s deadly, and the significant symptoms include swelling, headache, vomiting, and nausea.
When you have a hematoma, it means that the bleeding in your brain has formed a blood clot. This condition is dangerous because the pressure and buildup of blood can lead to brain tissue damage. Subdural hematoma happens if the blood clots between the skull and the brain. Significant symptoms of hematoma include loss of consciousness, headaches, and seizures.
Skull fracture happens when the skull cracks or breaks as a result of external impact. It leads to swelling, bleeding, and severe brain injury.
The human brain can retain fluid so much that it causes swelling around the head. The swelling doesn’t allow for fluid circulation and can build up too much pressure. This condition is called edema and can cause terrible brain damage.
Diffuse Axonal Injury
Also called DAI, Diffuse Anoxal Injury is one of the most common and devastating TBI types. DAI happens due to rapid brain shifts inside the skull occurring simultaneously with a developing brain injury. The quick brain acceleration and deceleration cause the axons to smear, leading to a dangerous condition resulting in coma. DAI symptoms include disorientation, fatigue, nausea, vomiting, and sleeping trouble.
A concussion is a mild traumatic brain injury. It’s usually self-diagnosable and arises from a gentle head blow or impact. Common symptoms of concussion include memory loss, headache, vomiting, and confusion. While a concussion is fully recoverable, the repeated trauma can have serious adverse effects on the victim’s brain health.
Traumatic Brain Injuries can also be open-headed or close-headed.
- Open-Head Injury – If you have an open-head injury, it means an object has penetrated your skull, leaving your brain exposed. This type of injury worsens with further brain impacts. It’s also more susceptible to infections.
- Closed-Head Injury – Closed-head injuries refer to internal brain injuries without brain exposure. It’s also called nonpenetrating head trauma. Since closed-head injuries don’t result in a break in the skull, they can be challenging to discover.
This type of TBI is prevalent yet disastrous. They can cause the brain to swell or bleed while looking normal on the outside. It eventually causes brain damage or even death if medical treatment is delayed.
Symptoms of TBI
From slip and falls to auto accidents, assault, and battery, etc., there are various ways through which TBI may occur. However, regardless of brain injury cause, the symptoms are usually similar. The most common signs of traumatic brain injuries are:
- Mood swings
- Loss of memory
- Blurred vision
- Loss of smell
- Concentration problems and disorientedness
- Slurred speech
- Emotional and psychological problems
- Leg and arms malfunctioning
Symptoms differ from individual to individual and range from mild to severe. The long-term effects of brain injury are devastating. Many TBI patients suffer long-term or permanent disabilities that force them to make life-altering changes. They can also have post-concussion syndrome if the concussion lasts longer than expected.
Depending on the injury’s mechanism and severity, TBI can lead to spinal injuries in some rare cases. TBI can lead to permanent mental disorders. It can also result in a coma, and in the worst-case scenario, the patient can die. Even a mild form of head injury can lead to devastating consequences due to the brain’s delicate nature. When it comes to TBI, It’s best always to seek medical attention in time to avoid complications.
Medical professionals treat TBI with medications, therapies, and surgery. However, in some cases, regardless of how swift the medical response is, severe brain damage has already occurred. Sometimes, the only respite the patient can receive is a legal action for damages if someone else is at fault.
How Can I Prove Traumatic Brain Injury?
Brain injury victims have a lot to deal with. They go through a lot of physical and emotional pain, coupled with the financial burden of treating the injuries. If someone else’s negligence causes your TBI, you can get damages for the pain you’re going through.
The responsible party will pay fair compensation for your hurt if you speak to experienced traumatic brain injury attorneys. Your legal team will examine your case to ensure that you have a viable personal injury claim in Richmond, VA. If you do, they will approach the negligent party’s insurance company for compensation on your behalf.
However, it’s not just enough to allege another person’s negligence caused your TBI. You must also have solid proof to back your claims up. Many cases have failed for lack of evidence.
Traumatic brain injury claims are typically one of the hardest things to prove. That’s especially if the victim is incapacitated. Insurance defense attorneys like to play on the nature of TBI’s complexities to deny the victims their financial benefits. Only a competent and experienced TBI lawyer can help you succeed in your insurance claims.
Here’s what you need to prove your traumatic brain injury case:
- New Imaging Technology – New imaging technologies are now available to give a much clearer picture of brain injury. Demonstrative evidence like CT scans or MRIs can show the extent of the victim’s brain injury. It can also help you prove that you suffered physical, cognitive, and emotional problems resulting from brain trauma. However, it’s also essential to call an expert witness to interpret the results.
- Witnesses – Witnesses do a lot to corroborate claims in a personal injury matter. For TBI, you can’t underplay the importance of before and after witnesses. Your lawyers can call your loved ones to testify to the changes they’ve noticed in your behavior after the accident. That’s important because behavioral changes are one of the most apparent signs of traumatic injury. If they testify to changes in your behavior, it can help to strengthen your case.
- Psychological Testing and Analysis – Psychological tests and evaluations help analyze the mental and emotional traumas a brain injury causes. Psychologists can also act as witnesses to testify to pain and suffering, impaired cognitive functioning, etc.
- Accident Reconstruction Experts – Another way to corroborate a traumatic brain injury claim is through accident reconstruction experts. For example, if you’ve had a car accident, the experts can help prove fault and determine liability. Fault and liability are essential elements in traumatic brain injury cases, as with all personal injury matters.
Your catastrophic injury attorneys must show that the defendant owed you a duty of care to prove a TBI case. Next, they must also confirm that the negligent party’s breach of the burden of care led to the accident.
Time is of the essence not only when seeking medical treatment but also in building a good case. Immediately you suspect TMI, you should call for medical help on the spot. The earlier you do that, the higher your chances of surviving TBI.
Right after calling your doctor, contact a lawyer if someone else caused the accident. Your attorney will instruct you on the steps to take to strengthen your case as you recover.
What Type of Compensation is Available to Me?
The reason you’re bringing a brain injury claim forward is to get maximum compensation for your pain. While damages may not blank the pain, they can provide some relief and a sense of justice. However, the type of payment you receive depends on your case’s peculiarities and the evidence’s preponderance.
In many cases, courts award the following types of compensation to claimants:
- Pain and suffering
- Past and future medical treatment costs
- Loss of consortium
- Lost wages and future earnings
- Loss of enjoyment of life
- Rehabilitation costs
- Caregiver expenses
- Psychological and psychiatric support
- Cost of special technical equipment
- Punitive damages
Your compensatory options may increase or reduce depending on the uniqueness of your case. You can only be sure of the extent of your compensation after due consultation with your brain injury lawyers.
Determine the Outcome of Your TBI Claims by Calling a Richmond Brain Injury Lawyer
Are you or your loved one suffering from TBI caused someone’s negligent act? If yes, take action immediately by working with CAIL Personal Injury Law Firm to get compensation for your sufferings.
As the best and most experienced TBI attorneys in Virginia, we’ve got all it takes to handle your case successfully. From gathering evidence to negotiating with insurance companies and representing you in court, we’ve got you covered.
Remember, time is essential in traumatic brain injury cases. So, let’s get started on your claims; call us for a free case review now.