Traumatic brain injuries (TBIs) are among the most serious and complex injuries one can sustain, often leading to long-lasting or permanent impairments. Despite their severity, though, it can be difficult to properly identify the impact and potential damages caused by TBIs in California personal injury cases.
If you or a loved one has suffered a TBI, you’re not alone. Below, we break down the nature of TBIs, the challenges you may face as a TBI survivor in your personal injury claim, and how to get help with your case.
What Is a Traumatic Brain Injury?
A traumatic brain injury occurs when an external force causes brain dysfunction. TBIs range from mild concussions to severe brain damage and are classified based on the nature and extent of the injury. The most frequently recognized types of TBIs include:
- Concussions: A concussion is a mild form of TBI, often caused by a blow to the head or a sudden jolt, like whiplash. It can lead to a temporary loss of brain function.
- Contusions: A contusion is a bruise on the brain tissue, often resulting from a direct impact to the head. Large contusions may need to be surgically removed.
- Diffuse Axonal Injury: DAI is caused by severe shaking or rotational forces, commonly seen in car accidents. It involves the tearing of the brain’s long connecting nerve fibers (axons) and can lead to widespread brain damage.
- Penetrating Injuries: This occurs when an object, such as a bullet or shrapnel, enters the brain. It causes focal damage along the path of the object and can be life-threatening.
- Coup-Contrecoup Injury: This injury occurs when the force is strong enough to cause a contusion at the site of impact and on the opposite side of the brain. It’s like a “double injury” – one at the point of impact and the other where the brain slams into the opposite side of the skull.
- Subdural Hematoma: This is a buildup of blood on the brain’s surface beneath the skull, often due to severe head injuries. It can increase pressure inside the skull, which can be life-threatening.
- Second Impact Syndrome: This rare but fatal condition occurs when a person sustains a second concussion before the first one has properly healed, leading to rapid and severe brain swelling.
Each type of TBI requires immediate medical attention. The treatment and prognosis depend on the injury’s severity and location in the brain.
Causes of TBIs
Brain injuries can arise from many causes. However, certain situations are more likely to lead to severe injuries, such as:
- Falls: Falls are the leading cause of TBIs, particularly among older adults and young children. They can occur from slipping, tripping, or falling.
- Motor Vehicle Accidents: Car, motorcycle, and bicycle accidents are significant causes of TBIs. The impact and sudden stop can cause the brain to move violently within the skull, leading to injury.
- Sports Injuries: These accidents, especially in construction, manufacturing, and certain industrial sectors, can lead to TBIs due to falls, being struck by or against objects, or machinery accidents.
- Violence: Assaults, gunshot wounds, domestic violence, and child abuse like shaken baby syndrome are serious causes of TBIs. These injuries can range from mild to severe, depending on the nature of the violence.
- Workplace Injuries: These accidents, especially in construction, manufacturing, and certain industrial sectors, can lead to TBIs due to falls, being struck by or against objects, or machinery accidents.
While many of these risks can be reduced by taking appropriate safety precautions, some cannot. For example, falls, car accidents, and work injuries are often caused by other people’s negligence.
Symptoms and Long-Term Effects
Symptoms can vary widely, from headaches and dizziness in mild cases to cognitive impairments, emotional and behavioral changes, and long-term health risks like chronic traumatic encephalopathy in more severe cases. The variability and often invisible nature of these symptoms make TBIs particularly challenging in both medical and legal contexts.
To understand how broad a range of health problems a TBI can cause, let’s break down the most common short- and long-term impacts these injuries can have:
- Physical Symptoms: In the short term, any brain injury can cause issues like headaches, nausea or vomiting, fatigue or drowsiness, slurred speech, dizziness, and loss of consciousness. Over the long term, these issues can develop into chronic pain, seizures, nerve and blood vessel damage, and hydrocephalus or the swelling of the brain.
- Cognitive Impairments: Many people experience memory or concentration problems in the days and weeks after an injury, along with confusion and sleep disturbances. Long-lasting impairments can include difficulty with attention and concentration, memory problems, executive dysfunction, difficulty understanding speech or writing, and problems with communicating.
- Emotional and Behavioral Changes: Immediately post-injury, many TBI survivors experience mood changes and swings and depression or anxiety. This may lead to long-term problems with irritability, aggression, impulsivity, and mood disorders.
- Long-Term Health Risks (chronic traumatic encephalopathy): Survivors have an increased risk of conditions such as Alzheimer’s disease, Parkinson’s disease, and chronic traumatic encephalopathy (CTE), especially with repeated TBIs.
The recovery from a TBI can be unpredictable. Some individuals may recover completely, while others might experience lasting effects. Rehabilitation can play a crucial role in helping individuals regain function and adapt to changes. This often involves a team approach, including neurologists, physiatrists, physical therapists, occupational therapists, speech-language pathologists, and neuropsychologists.
It’s important to remember that every traumatic injury is unique, and the symptoms and long-term effects can vary widely from person to person. Early medical intervention and ongoing support are key to managing the symptoms and improving the quality of life for those affected by TBIs.
How Traumatic Brain Injuries Impact Personal Injury Claims
When it comes to legal claims, the crux of the matter lies in establishing negligence. This involves proving the duty of care, breach of that duty, causation, and the resulting damages. However, TBIs present unique challenges:
- Medical Evidence and Expert Testimonies: Accurate diagnosis and prognosis are pivotal. Medical experts play a critical role in providing evidence about the extent of the injury and its impact on the victim’s life.
- Quantifying Damages: TBIs often lead to losses that are hard to quantify, such as cognitive impairments and emotional distress.
- Statute of Limitations: TBIs may not be immediately apparent, complicating the timeframe for legal action.
Despite these challenges, TBI sufferers can pursue damages if they were injured in an accident caused by someone else’s negligence or recklessness. An experienced personal injury attorney can help you determine how best to pursue your claim in California.
Types of Compensation Available
If your TBI attorney agrees you have a strong claim, you can pursue damages, or compensation, from the person who harmed you. The specific compensation available can depend on the circumstances, the severity of the injury, and the impact on the individual’s life. Generally, the types of compensation can include:
- Medical Expenses: Covers current and future medical bills related to the TBI. This can include hospital stays, surgeries, medications, rehabilitation, therapy, and any specialized medical equipment or modifications needed for recovery and daily living.
- Lost Wages and Loss of Earning Capacity: Compensates for the income lost due to the inability to work following the injury. If the TBI affects the person’s ability to return to work or reduces their earning capacity in the future, compensation can be sought for the loss of future earnings or career opportunities.
- Pain and Suffering: This is compensation for the physical pain and emotional distress caused by the TBI. It includes compensation for suffering due to the injury itself, as well as the ongoing discomfort and limitations experienced during the recovery process.
- Loss of Enjoyment of Life: If the TBI results in long-term or permanent disabilities that prevent you from engaging in activities you once enjoyed, you may be compensated for this loss.
- Punitive Damages: In cases where the defendant’s actions were particularly reckless or egregious, punitive damages might be awarded. These are intended to punish the wrongdoer and deter similar conduct in the future.
- Rehabilitation Costs: Covers the expenses for physical therapy, occupational therapy, speech therapy, psychological counseling, and other forms of rehabilitation that are necessary due to the TBI.
- Long-term Care Costs: In severe cases, a TBI may require long-term or lifetime care. This can include in-home care services, nursing home care, or specialized care facilities.
- Legal Fees and Court Costs: Some jurisdictions allow for the recovery of legal expenses incurred while pursuing the claim.
- Wrongful Death and Burial Costs: In tragic cases where a TBI leads to death, the victim’s family may be entitled to compensation for wrongful death, which can include burial and funeral expenses, loss of financial support, and loss of companionship.
It’s important to consult with a qualified TBI attorney who can provide advice specific to the case and jurisdiction. They can help in accurately calculating the full extent of damages and in navigating the legal process to seek appropriate compensation.
Get Help With Your California TBI Lawsuit
A traumatic brain injury can change your life for the worse. If you’re struggling with a TBI after an accident, you may be able to get help by holding the liable party accountable for the harm they caused you. An experienced personal injury attorney like those at Fiore Achermann can make all the difference. If you’re considering a personal injury lawsuit for your TBI, we encourage you to reach out to our experienced traumatic injury lawyers today. At Fiore Achermann, we represent accident victims in the Bay Area and around California. Learn more about how we can assist you by scheduling your consultation today.
