How Can You Prevent TBI?

Traumatic brain injuries, also known as TBIs, are among the worst categories of injuries that an individual can suffer. The impact on the lives of those affected by TBI can be profound, and the recovery process is rarely easy. However, in many cases, these injuries are preventable and occur due to another person’s negligent or reckless conduct. In today’s post, we will discuss liability in accidents involving traumatic brain injuries and provide practical tips on how to prevent TBIs. If you are suffering traumatic brain injury due to negligence of someone else, consult a seasoned Denver brain injury lawyer immediately.

Common Causes of Traumatic Brain Injuries (TBIs)

TBIs occur when the victim suffers a violent blow or jolt to the head or experiences an external force strong enough to cause the brain to move within the skull. Some of the most common events that cause traumatic brain injuries include:

• Motor vehicle accidents. Motor vehicle accidents are one of the most common causes of TBIs. A traumatic brain injury may occur in any type of accident on the road, including those involving passenger cars, bicycles, motorcycles, trucks, and pedestrians.
• Falls. When a person falls and hits their head, they are likely to suffer a TBI. Common fall-related scenarios where a victim may hit their head include slip and fall accidents, trip and fall accidents, falling down the stairs, and falling from heights, among others.
• Violence. Assaults, fighting, gunshot wounds, domestic violence, and other types of violence are common causes of TBIs. Often, a victim of violence may not realize they have suffered a traumatic brain injury until some time has passed.
• Sports injuries. Another common cause of TBIs is contact sports such as football, boxing, and ice hockey. In particular, sports are a common cause of traumatic brain injuries among children. In fact, sports and recreational activities contribute to about 21 percent of all TBIs among kids in the United States.

The severity of damage to a victim’s brain depends on the circumstances surrounding the incident. In any case, it is critical to seek medical attention as soon as possible to rule out a brain injury, as symptoms of trauma do not always manifest themselves immediately.

Who Can Be Held Liable for a Traumatic Brain Injury?

Various parties may be responsible for your traumatic brain injury. Liability in TBI cases depends on how the accident occurred in the first place and whether someone else’s negligence caused or contributed to the injury. Depending on the circumstances surrounding the occurrence of a TBI, the following parties could be held liable:

• Drivers on the road. If the accident occurred due to the negligence of one of the drivers, such as texting while driving, speeding, or driving under the influence, they can be held liable for any resulting injuries to others. This includes TBIs sustained by other drivers, passengers, or pedestrians.
• Coaches and sports organizations. Coaches and sports organizations have a duty to ensure that participants are provided with the proper equipment and training to minimize the risk of injury and that all necessary protocols are followed to prevent accidents that can lead to TBIs in the first place. If they fail to do so, and a TBI occurs, they can be held liable.
• Perpetrators of assault. When a survivor of a physical assault suffers a TBI, they can hold the perpetrator accountable for the resulting damages and losses. If law enforcement catches the perpetrators, they can be held civilly and criminally liable for any injuries they cause to their victims, including TBIs.
• Manufacturers of faulty equipment. Equipment such as bicycles, helmets, and seatbelts can malfunction and contribute to a person’s brain injury. Manufacturers are responsible for ensuring their products are safe for use and free from defects. If they fail to do so, they can be held liable for any resulting harm caused to consumers.
• Property owners who fail to remedy hazardous conditions. Slip and fall and trip and fall accidents often cause individuals to fall and hit their heads. If the owner or manager of the property fails to address a hazardous condition, such as a wet floor or uneven pavement, and a visitor or guest on the premises suffers a TBI, the property owner or manager may be held liable.

However, every incident in which a person suffers a traumatic brain injury is unique and requires careful analysis of the facts. That is why victims diagnosed with TBIs may often need the assistance of a brain injury lawyer to conduct a detailed investigation into the specific cause of their accident to identify all possibly liable parties.

Proving Liability in a TBI Case

Most cases involving TBIs fall under personal injury law, where the theory of “negligence” plays a central role. The legal term “negligence” refers to a person’s failure to act reasonably under the circumstances that causes harm or injuries to others. When you file a personal injury claim, you cannot secure compensation for your damages and losses unless you can show the following four elements:

1. Duty of care. The party you are filing a claim against owed you a duty to act reasonably (e.g., car drivers owe this duty to all road users).
2. Breach. That party engaged in negligent conduct and breached the duty.
3. Causation. There is a direct link between the party’s conduct and your injury.
4. Damages. You suffered actual damages (e.g., medical bills, loss of income, diminished quality of life, etc.) due to the party’s negligence.

Evidence of negligence may not always be readily available in TBI cases, especially if the accident in which the victim suffered the injury occurred a long time ago (this is often the case because symptoms of a TBI may not be discoverable until days, weeks, or even months after the traumatic event). That is why you may need to retain a brain injury attorney to establish the elements mentioned above and prove liability in your TBI case.

• Wear a seatbelt while in a motor vehicle. Wearing a seatbelt is essential not only to avoid penalties and fines but also to save your life. However, it is important to buckle up properly. You can fit the seatbelt properly by ensuring the lap belt is snug against your hips and positioning the shoulder belt across your chest and over the collarbone. Buckle up even on short trips.

• Wear a helmet while riding a bicycle or motorcycle. Wearing a properly fitting helmet is one of the most critical steps in preventing TBIs when riding a bicycle or motorcycle. During a crash, you may be thrown from your bike and can hit your head on the ground, the vehicle that hit you, or a stationary object. Statistically speaking, helmets provide up to 88 percent reduction in the risk of head trauma and TBIs in these accidents.
• Wear a helmet during contact sports or when riding skates or a skateboard. Sports are great for maintaining physical fitness, but high-impact sports can take a toll on our bodies, especially when it comes to the brain. Football, hockey, skateboarding, and even trampolining have been shown to cause TBIs among athletes. Wearing a helmet can protect your head from impacts, reducing the risk of life-altering TBIs.
• Take precautions to avoid falls around your home. Falls are one of the leading causes of TBIs, especially among older adults. Keeping floors clutter-free, securing loose carpets, and cleaning spills promptly reduces the likelihood of preventable falls. Stairs should have sturdy handrails; your home should have proper lighting, and grab bars should be installed in the bathroom and shower areas to reduce injury risk.
• Walk slowly when walking on slippery surfaces or in adverse weather conditions. This can mean taking smaller steps in areas with slippery surfaces, using a cane or other mobility aid if needed, or avoiding going out when the weather is too bad.
• Avoid violence and physical confrontations with other people. Whether it’s a fistfight in a bar or a physical confrontation with your colleague at work, such incidents can result in serious head injuries that have long-term consequences. To avoid such scenarios, it is vital to avoid situations where violence is likely to occur as much as possible. This can mean avoiding certain areas or events or simply walking away from conflicts before they escalate.
• Keep firearms unloaded and locked away. For those who own firearms, keeping them unloaded and locked away when not in use is essential. Accidental gunshots account for a significant number of TBIs each year, particularly among children and teenagers. By taking these simple steps, you can significantly reduce the risk of suffering a TBI due to accidental firearm discharge in yourself, your children, and other family members.

However, even if you exercise extreme caution and take all precautions, you are still not immune from TBIs. In many situations, you do not have complete control over what happens around you. For example, when operating a motor vehicle or riding as a passenger, you are at the mercy of other road users, which means you may end up in an accident no matter how careful you are.

The Impact of a Brain Injury on Your Life

Understanding the multifaceted challenges of living with a traumatic brain injury can help you realize the importance of TBI prevention. Depending on the severity of the injury, the injured victim can deal with a variety of long-term and possibly lifelong effects, including:

Physical Effects

Brain injuries can cause a variety of long-lasting and even permanent physical effects, such as headaches, seizures, dizziness, and nausea. Trauma to the brain can also affect your coordination, balance, and motor skills, making basic tasks difficult. In some cases, it can even result in paralysis or other serious physical disabilities. Depending on the severity of the injury, you may need ongoing physical therapy or long-term medical care to manage these physical symptoms for the rest of your life. All the physical effects should be considered when calculating the appropriate settlement amount in your claim for compensation.

Cognitive and Emotional Impacts

A brain injury can also impact your cognitive and emotional functioning. You may experience memory loss, difficulty concentrating or thinking, and other cognitive changes. You may also deal with mood swings, depression, and anxiety. These emotional impacts can be challenging to manage without medication and therapy and can further impact your recovery. Managing those cognitive and emotional impacts can result in tens or hundreds of thousands of dollars in medical bills. Your demand for financial compensation should reflect all past and future expenses.

Financial and Occupational Impacts

Brain injuries can also have significant financial and occupational impacts. Depending on the severity of your injury, you may need to take time off work, which can cause financial strain. Moreover, you may encounter difficulties performing your job, particularly if it requires complex cognitive skills. In such instances, occupational therapy or retraining may be necessary for you to return to work and maintain meaningful employment. In the worst-case scenario, a brain injury may make a person unable to work and earn a living for the rest of their life. A skilled attorney can calculate your lost income and estimate future loss of earnings based on your diminished earning capacity.

Social and Relationship Impacts

Socially, you may find that you can no longer participate in activities and events you once enjoyed. Your relationships with friends and family may also suffer as a result of a brain injury. You may also struggle to maintain intimate relationships, which can further contribute to feelings of isolation and loneliness. Joining support groups and getting counseling can help navigate these social and relationship issues.

If your traumatic brain injury was the result of someone else’s negligence or wrongful act, you might be entitled to compensation. A skilled brain injury lawyer will take the time to understand the challenges you face due to a TBI and pursue the maximum compensation you need to eliminate the financial burdens and regain a sense of normalcy in life.

Call a Brain Injury Attorney Today

Keith Fuicelli, TBI Lawyer

If you or someone you love has suffered a brain injury, you should contact a personal injury attorney as soon as possible. A lawyer will evaluate your case, advise you regarding your legal options, and protect your rights.