What Are the Most Common Examples of TBI?

As the name suggests, a traumatic brain injury can have damaging effects on a person’s health, well-being, and overall life. A traumatic brain injury can happen quickly and without warning, but the effects of these devastating injuries can persist for a lifetime.

If you or a loved one has suffered a traumatic brain injury, discuss your case with a skilled brain injury attorney. A lawyer can evaluate your case, provide quality advice and guidance, and represent your best interests throughout your case.

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Understanding Traumatic Brain Injuries

The brain is arguably the most important organ in the body, aside from the other major organs, like the heart and lungs. Therefore, when the brain suffers injury, it can have serious short- and long-term consequences.

A traumatic brain injury regularly occurs when the head, neck, or body suffers trauma or a sudden and violent jolt. This causes the brain to rattle within the skull, causing it to potentially hit the sides of the skull, pull, and stretch in detrimental ways.

Traumatic brain injuries are either closed or penetrating. A closed brain injury means there has been no break in the skull, and the injury is contained within the skull. On the other hand, a penetrating brain injury means there has been a break in the skull, such as when a weapon penetrates the skull and goes into the brain.

TBIs range in severity, with some injuries being worse than others. Still, regardless of the level of severity, it’s critical to seek medical attention right away to adequately treat the injury and prevent worsening symptoms.

Concussions

You’ve likely heard of concussions, as they are the most common kind of traumatic brain injury. When the head moves rapidly, it can cause the brain to hit the side of the skull, causing injury.

Concussions range in severity. Less severe injuries do not require extensive medical intervention, while more serious concussions can have serious consequences. Even if you’ve suffered a “minor” concussion, it can develop and worsen, so it’s important to take special care.

Contusions

If you’ve suffered a concussion, you may also suffer a contusion. Simply put, a contusion is a brain bruise.

The damage a contusion can cause depends on the area of the brain and the size of the injury. These injuries can heal easily but have the potential of developing into hematomas, which may require surgical removal.

Hematomas

A hematoma is a collection of blood outside of a blood vessel. There are several kinds of hematomas, including subdural, epidural, and intracerebral hematomas.

It’s essential to look out for the symptoms of a brain injury, as some hematomas do not develop until several days or even weeks after an accident. These injuries require immediate medical attention – an untreated hematoma can lead to further injury or even death.

Hemorrhages

A brain hemorrhage indicates bleeding on the brain’s surface or within the brain. Depending on the location of the brain bleed, there are various types of hemorrhages, including intracranial hemorrhages and subarachnoid hemorrhages.

These injuries are referred to as focal brain injuries, meaning they are localized to one part of the brain. Still, like other types of brain injuries, hemorrhages can be dangerous and life-threatening, especially if not treated promptly and correctly.

Coup-Contrecoup Injury

Coup-contrecoup is a French term – coup means “blow,” and contrecoup means “counterblow.” It refers to the way the brain moves.

This type of injury is essentially two injuries in one. With a sharp blow, the brain suffers an impact on one side, and on the return, it suffers another impact on the side opposite to the first.

Usually, a coup-contrecoup injury results from the head hitting a stationary object, like the steering wheel. Because of the double impact, these injuries can be particularly serious.

Diffuse Axonal Injury (DAI)

A diffuse axonal injury is one of the worst types of traumatic brain injuries. This type of injury results when the brain shakes or twists within the skull. As it does this, cerebral tissue moves enough for the axons (the long connecting fibers) to tear. This tearing interferes with the messages sent by neurons, causing a loss of function.

Potential Long-Term Effects of Traumatic Brain Injuries

Traumatic brain injuries can cause severe impacts in the short term, but unfortunately, these injuries are well known to cause negative effects in the long term as well.

The lasting effects of a brain injury depend on several factors, including the type of injury, the area of the brain affected, and the effectiveness of treatment. Some of the potential consequences of traumatic brain injuries include, but are not limited to:

• Cognitive issues
• Seizures
• Chronic headaches
• Vertigo
• Paralysis of some part of the body
• Problems communicating
• Behavioral changes
• Difficulty regulating emotions
• Sensory issues

Additionally, TBIs can cause altered consciousness. In the most severe cases, a brain injury can cause coma, vegetative state, or even brain death.

Typical Causes of TBIs

Traumatic brain injuries can arise for several reasons. In many cases, a TBI can be the result of an accident or incident, including, but not limited to:

• Vehicular collisions, including car, truck, and motorcycle crashes
• Pedestrian accidents
• Falls, including slip and falls or falls from heights
• Intentional acts of violence
• Medical malpractice
• Defective or malfunctioning products

If you or a loved one suffers a traumatic brain injury, it’s important to question how the injury arose. If the TBI resulted from another party’s wrongdoing, you can have a valid claim for compensation.

How a Traumatic Brain Injury Can Impact Your Life

A traumatic brain injury can have various negative impacts on a person’s life. Not only can it affect a victim’s physical well-being, but also many other aspects.

Typically, when a person suffers a TBI, they suffer physical effects. These physical consequences can cause the need for lifestyle changes, including taking time off from work, school, and other daily activities.

When you must take time away from work, this can also result in financial struggles. Many people have paid time off, but when those days run out, you may not have the opportunity to earn a living for quite some time, if ever again.

Additionally, a traumatic brain injury can affect your relationships and ability to participate in activities you once enjoyed.

TBIs not only affect your physical health, but also your mental and emotional health. It can be challenging to cope with the changes, both short and long-term, that come with a traumatic brain injury.

Can I Take Legal Action for a TBI?

If you or a loved one has sustained a traumatic brain injury, you may have the opportunity to take legal action.

It can be difficult to process the thought of taking on a legal battle along with dealing with your recovery and physical limitations. Fortunately, you don’t have to do it alone. A personal injury attorney can take on your case and provide the highest quality representation, working diligently to get you the compensation you deserve.

Determining the Cause of a Traumatic Brain Injury

First and foremost, your personal injury lawyer must determine whether you have a valid legal claim. To start, they must figure out the cause of your injury.

Sometimes, brain injuries are just an unfortunate consequence of an accident. Nonetheless, if someone’s negligent or intentional actions caused your brain injury, you may have the chance to hold them accountable.

For example, if your brain injury is the result of a terrible car accident, and the collision was a result of distracted driving, the party that caused the accident can be responsible.

If you suffer a traumatic brain injury at the hands of another, you can seek justice and financial recovery for your losses.

Proving Fault for a TBI

Simply claiming someone caused your injury is not enough – you’ll have to prove their liability. Doing so depends on the specifics of your case.

Many TBI cases are the result of negligent action or inaction. According to legal procedure, you must satisfy the elements of negligence as they pertain to your case. You must show:

• The defendant owed you a duty of care
• The defendant’s act or omission caused them to breach their duty of care
• The defendant’s breach led to your accident
• As a result, you suffered a traumatic brain injury and other related losses

Determining who is at fault for your injury and taking the appropriate steps to prove their liability can be challenging. A personal injury lawyer can efficiently establish fault and get you one step closer to a favorable case result.

Gathering Evidence for Your Injury Case

Evidence plays a crucial role in injury cases. When you have substantial evidence, you can strengthen your case and help prove critical details, including cause, fault, and your damages.

The evidence available for your case depends on the circumstances, but can include:

• Photos and videos
• Surveillance footage
• Maintenance logs
• Medical records and bills
• Witness statements
• Expert testimony
• Traffic camera video
• Police reports

Your personal injury attorney can request and obtain evidence on your behalf. Then, they can strategize ways to use the evidence available to substantiate claims and achieve a winning case result.

Damages Available in Traumatic Brain Injury Cases

The damages available to you are a direct reflection of the injuries and losses you sustain as a result of your accident. Every case is unique, therefore, the type of damages you can pursue and the amount of these damages is based on your circumstances.

Your personal injury attorney can fight for adequate compensation to cover your monetary and non-monetary losses. In addition, based on your case, they may have the opportunity to seek exemplary damages.

Compensatory Damages

Compensatory damages, as the name suggests, compensate you for your accident and injury-related losses. These damages are separated into two categories: economic and non-economic damages.

Economic damages cover your tangible losses. Evidence of these losses is typically readily available. These damages include:

• Past, present, and future medical expenses, including hospital stays, medication, and surgery
• Rehabilitation costs
• Lost income
• Diminished or lost earning capacity

Conversely, non-economic damages represent your intangible losses. These damages are often a bit tougher to prove and require additional evidence. They can include:

• Disability
• Loss of enjoyment of life
• Pain and suffering
• Mental anguish
• Emotional distress

To assign a monetary value to your case, your injury lawyer must carefully review several factors that heavily influence your damages, including the severity of your brain injury and how the injury will impact your health and lifestyle.

Once your attorney has determined how much your case is worth, they can diligently pursue compensation that will favorably cover the value of your losses.

Punitive Damages

Punitive damages are available in certain brain injury cases. Plaintiffs may pursue punitive damages in cases where the defendant’s actions went beyond mere negligence, and were instead willful and wanton.

These damages are exemplary damages, as they serve to punish defendants for their wrongdoing while also deterring potential future actors from behaving in the same manner.

Seeking Legal Representation for a Traumatic Brain Injury Case

If you or a loved one have suffered any kind of traumatic brain injury caused by another party, you may be entitled to compensation. Do not wait to speak with a knowledgeable Denver personal injury lawyer, as time is limited to take legal action.

Keith Fuicelli, Denver TBI Attorney

A personal injury attorney can give you and your family immeasurable peace of mind as they pursue monetary recovery on your behalf. While money cannot turn back time and fix all of your issues, it can help ensure you have the means to get the medical treatment you need and relieve some of the financial burdens you’ll likely experience.

Hiring a personal injury lawyer means having a fierce advocate on your side. When you have an attorney working on your traumatic brain injury case, you can feel confident knowing your case is in the right hands.