Brain Injury FAQ

"Are there different levels of brain injury?"

Absolutely.

The level of a person's brain injury can greatly vary with either traumatic or acquired brain injuries. We place our client's level of brain injury into one of 3 possible categories: mild, moderate, and severe, based on the medical records and statements we gather from your doctors.

Many of our car accident clients often sustain some form of mild brain injury, which normally affects the person for a shorter, temporary period, and can cause symptoms such as confusion, headaches, memory problems, nausea, sickness, depression, and emotional problems. (The term "mild brain injury" is somewhat misleading though, as any injury to the brain is cause for immediate concern and can have lasting, long-term effects. Even if you have suffered a mild brain injury, you should be evaluated by a medical professional.)

Other clients will suffer from moderate brain injury, and they will experience from many of the same symptoms listed above; however, their symptoms often last longer and the effects can be more profound. Fortunately, in many instances, a victim of a moderate brain injury who seeks immediate medical evaluation and treatment will often make a good recovery for this level of injury.

Last, we have witnessed several instances in which a client sustained a severe brain injury. This type of traumatic brain injury can lead to life-changing and debilitating problems. Some of the after-effects of these injuries can include: coma, vegetative state, minimally responsive state, akinetic mutism, locked in syndrome, and brain death.

"Can I file an injury claim for compensation if I have suffered a brain injury?"

Yes.

Anyone who suffers a head injury, mild, moderate, or severe, may be entitled to compensation depending on the circumstances of the case and the factors surrounding liability. Our attorneys will be able to analyze the strengths and weaknesses of your potential case during your initial consultation. They will also be able to advise you on what steps to take next so as not to jeopardize your case.

"Can I file a lawsuit on behalf of a loved on that has suffered brain injury and is now incapacitated or has passed away due to the brain injury?"

This will depend upon the liability and facts surrounding their claim.

We will be able to quickly and efficiently analyze any potential brain injury claim based on the information you provide to us in your initial consultation as well as during our preliminary investigation. Once our attorneys have spoken to you about estates, power of attorneys, etc., will be able to advise you and your loved ones on how to proceed so as to protect the claim on behalf of your loved one.

"How long does a brain injury last?"

Each brain injury is unique, and just like an auto accident, no two will ever be exactly the same.

Every brain injury victim will have different capacities for recognizing and compensating for the symptoms caused by their injury. Much will depend on getting the correct diagnosis and treatment and ensuring that good support systems are in place for the ENTIRE family. Changes and improvement continue although sometimes they are so slight they are hard to notice--it doesn't happen overnight. Some of the after-effects of a brain injury may remain for a lifetime while others may improve to the point that they are not a major factor in day-to-day living.

"Is a Mild Brain Injury unimportant?"

Any type of head trauma or injury to the brain deserves immediate medical attention.

A mild brain injury can have the same devastating effects that a moderate or severe injury can have depending on the person and the circumstances. The key point to consider with any brain injury is "location," as different areas of the brain are more susceptible to injury and will result in different side-effects for the injured person.

Typically, mild brain injuries are sustained in car accidents where the brain is 'sloshed' around in the skull by the collision. Most people who sustain a form of mild brain injury in a car accident don't lose consciousness and may only be in the emergency room for a short time before being sent home without ever knowing that they've been injured. However, soon after, it is often the case that the victim and their family/friends will begin noticing changes in personality and motor-skills. Sometimes the changes will be very subtle, and sometimes very obvious.

Only recently have the impacts of mild brain injury been closely scrutinized, fully understood, more regularly identified by medical professionals.

"Does everyone who hits their head get a brain injury?"

No, not always.

In the most mild of cases, the brain still gets bruised in much the same way your leg might get bruised if you bump into a coffee table. However, the head and the brain are rather resilient and can usually compensate for the occasional bump to the head. In some instances a person may sustain a tremendous blow to the head and not have exhibit any external effects.

Again, much depends of the location of the injury and the brain's ability to compensate.

"What is the difference between acquired and traumatic brain injury?"

A brain injury can be classified as either acquired (ABI) or traumatic (TBI). According to the Centers for Disease Control and Prevention, a TBI is defined as a blow or jolt to the head or a penetrating head injury that disrupts the function of the brain. Not all blows or jolts to the head result in a TBI.

The severity of such an injury may range from “mild” (i.e., a brief change in mental status or consciousness) to "moderate" (i.e., a more prolonged change in mental status or consciousness) to “severe” (i.e., an extended period of unconsciousness or amnesia after the injury). An ABI is an injury to the brain that is not hereditary, present at birth, or degenerative in nature.

Causes of ABI include any condition which may cause a lack of oxygen to the brain, such as a heart attack, a stroke, a seizure or toxic exposure. Brain injuries can be very difficult to diagnose, especially in the presence of other more immediate physical injuries.

It is important to consider that any blow or jolt to the head may result in disruption of brain function. It is also important to know that significant disruption to the brain may occur even in the absence of any loss of consciousness or even a negative CT scan or MRI. It is extremely important to be screened by health care professionals who are experienced in the diagnosis and treatment of brain injury.

"How many people suffer from brain injuries in the United States annually?"

Every year approximately 1.5 million people suffer from some type of brain injury. About 50,000 of those people, or 1/3, die as a result of their brain injuries.

"What is an open head brain injury?"

An open head brain injury occurs where a foreign object penetrates the skull and punctures the brain, making it susceptible to infection among the many other serious concerns. Open head brain injuries typically cause permanent or partial impairment to the functions that the injured part of the brain controls.

"What is a closed head brain injury?"

A closed head brain injury occurs when a person has sustained trauma to the brain, yet does not sustain a skull fracture. Closed head injuries are somewhat difficult to diagnose because there may be no physical signs of injury. Like other brain injuries, closed head injuries must be treated immediately by a medical professional.

"What is a brain contusion and how is it caused?"

A brain contusion is an injury that may be sustained at the same as a traumatic brain injury. As the result of head trauma brain tissue becomes bruised and swollen, and broken blood vessels may cause blood to mix with the brain tissue. Brain contusions may cause other serious medical conditions, including some that can place the victim in a vegetative state or cause death.

"What are the leading causes of brain injury?"

Automobile accidents, falls, violence, and sports injuries are the leading causes of brain injury in the United States.

"What percentage of brain injuries result from auto accidents?"

Over half of all brain injuries are caused by auto accidents. Our clients have sustained brain injuries as the driver of a car, passengers in a car, motorcyclists, pedestrians, and bicyclists.

"Does a serious fall put a person at risk for brain damage?"

Approximately 25% of all brain injuries result from a serious fall. Elderly people and young children are especially at risk for this type of brain injury.

"Can toxic substances cause brain damage?"

Yes, toxic substances can cause brain damage.

There are approximately 1,000 chemicals that have the potential to inflict serious injury to people, including brain damage, learning disabilities, depression, dementia, and death.

Inhaling, ingesting, and touching these products/chemicals are some of the ways that these people are often harmed. Because another party may be liable for negligence associated with a toxic substance, it is important that you protect any rights you may have to make a recovery by contacting an attorney that is a well-known.

"What are the most common long-term consequences of TBI?"

Brain injuries, unlike other injuries, often require long-term care and follow-up. A study from the CDC estimates that at least 3.17 million people in the United States currently require long-term or lifelong assistance to perform daily activities as a result of their brain injury.

A year after their accident, almost half of all brain injury victims were shown to have an unmet need that required professional assistance. The most frequent unmet needs are:

• Improving/regaining problem solving and memory skills;
• Managing stress and emotions;
• Controlling one's temper; and
• Improving one's work-related skills.

TBI can cause a wide range of functional changes affecting thinking, language, learning, emotions, behavior, and/or sensation. It can also cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age.

"How many types of brain injury exist?"

Brain injuries fall into one of two categories; however, underneath these two categories are several different types of brain injuries as well as degrees of severity.

The brain injury categories that we regularly see in accident victims, and investigate on behalf of clients, are traumatic brain injury (TBI) and acquired brain injury (ABI).

"Does a person who has suffered from a brain injury need to see various specialists?"

Yes.

Depending on the severity and type of brain damage a person experiences, he or she may need to visit speech pathologists, neurologists, physical therapists, recreational therapists, psychiatrists, and other medical professionals to assist in recovery.

"How much will a lawyer charge me to represent them for my brain injury case?"

Should you decide to retain our firm after the initial consultation, we will work on a contingent fee basis. This means that our offices will only be paid for our services once we make a recovery on your behalf from the insurance company. There are no hidden fees, and you will have retained a respected leader in brain injury litigation.

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