Traumatic Brain Injury Personal Injury Claims

Traumatic brain injuries (TBIs) are common in personal injury cases. They can be devastating and can affect every aspect of a person’s life. They can occur in car accidents, premise liability (slip and fall/trip and fall) cases, and semi tractor-trailer accidents.

When a semi pulling a fully loaded trailer and weighing up to 40 tons hits a car, it is easy to understand how a victim could suffer a traumatic brain injury.

Here’s What You Should Know

Traumatic brain injuries can be hard to diagnose. They cause a variety of symptoms, from dizziness to depression, and don’t always appear immediately. From the outside, they’re invisible.

Despite this, traumatic brain injuries (TBIs) are common: Americans suffer nearly 3 million annually, and about 14% are caused by motor vehicle crashes.

It’s crucial that survivors of semi-truck wrecks receive proper medical care to diagnose and treat traumatic brain injuries, whether mild or severe.

Watch Out for These Traumatic Brain Injury Symptoms

An intense blow to the head or whipping of the head can cause a traumatic brain injury. Car accidents, sports, and falls are common causes of TBI. They range from mild to severe. Some people experience symptoms for only a couple of weeks, while others may face lifelong impairment.

“No two brain injuries, no two concussions, are the same,” Dr. Edward Negovetich, a physiatrist, told me on my podcast, After the Crash.

Here are some common symptoms, according to the Mayo Clinic. Some appear immediately after the accident, while others can take hours or days to develop.

• Headache
• Dizziness or loss of balance
• Feeling dazed or disoriented
• Nausea or vomiting
• Sensitivity to light or sound
• Short-term memory loss
• Blurry vision or ringing in the ears
• Drowsiness or trouble sleeping
• Feeling depressed or anxious

“With many mild brain injuries, things should move slowly in the right direction with time,” Dr. Negovetich said.

If your symptoms are only worsening, you may have a severe TBI or complications. These symptoms indicate a more severe head injury:

• Repeated vomiting
• Clear fluids from nose or ears
• Slurred speech
• Seizure
• Inability to wake from sleep
• Loss of consciousness from several minutes to hours

“It’s not uncommon for somebody to just avoid getting healthcare for six months because they think, sooner or later it’s going to go away,” Dr. Negovetich said.

Regardless of how severe your symptoms seem, you should see a doctor if you have experienced head trauma. Brain injuries aren’t always obvious at first, but it is necessary to be examined and treated by a medical professional.

What Causes Traumatic Brain Injury?

For the general population, crashes — involving cars, large trucks, bicycles, motorcycles, pedestrians — are a major cause of TBI. For older adults and children, falling is a common cause. Sports also frequently cause brain injuries in youth.

Children aged 0-4, young adults aged 15-24, and adults over 60 are at higher risk of suffering TBIs. Males at any age are more likely than females to suffer TBIs.

Lack of Proper Diagnosis

When a person is rescued from a wreck and taken to the emergency room, doctors look for the most urgent wounds. They address life-threatening injuries in order to stabilize the patient.

However, in all of the chaos, brain injuries may be overlooked. Though TBIs can be open or closed, they are more likely to be diagnosed if there is visible bleeding. Typical diagnostic tools like MRI or CT scans fail to identify brain injuries unless bleeding, contusions or fractures are present.

“Most people who suffer a significant TBI go to the emergency room and are told that the MRI or CT scan is normal and that there is nothing to be concerned about. Thus misinformed, the injury is forgotten,” a Psychology Today article reported.

Other specialized tests can help diagnose a TBI — but most emergency rooms and trauma centers are not equipped with the necessary resources. Patients might be sent home with a TBI information sheet, and many of them will never receive a proper diagnosis.

Undiagnosed brain injuries can affect victims for years, causing seemingly inexplainable symptoms. These can detract from a person’s quality of life and, in moderate to severe cases, shorten their life expectancy by nine years.

In Real Life: A Crash Survivor’s Perspective

At 20 years old, Lisa Mary was riding in the car with her mother and grandmother when they were in a head-on collision with a pickup truck.

Some of her wounds (like a broken collarbone) were obvious. Others were not. One week after being released from the hospital, Lisa got out of bed and fell down, blacking out. She was diagnosed with post-concussive syndrome — the lingering effects of a mild TBI. She experienced dizziness, spotty vision, and blackout episodes.

Lisa, like many other crash survivors, was not diagnosed with a brain injury immediately. This is because concussions and other mild TBIs don’t usually show up in CT scans or MRIs.

Another crash survivor, Alana McGuire, experiences symptoms of her TBI more than a decade after the car crash that caused it. She said she still struggles to find the right words when she speaks and processes things slower. Her short-term memory hasn’t returned to its pre-crash state.

Which Doctors Are Best for Brain Injuries?

Not all doctors are experts in brain injuries. If you’re working toward recovery, you’ll need a medical professional who studies the brain and knows the most recent information on TBIs.

Have you ever heard of a neuropsychologist? These are psychologists who specialize in the relationship between the brain and a person’s behavior. They can diagnose TBIs by examining your brain function.

If, after an injury, you’re struggling with mood swings, memory, concentration or social interaction, a neuropsychologist can diagnose brain injuries and help you work around the damage caused by your TBI.

The treatment plan you create with your neuropsychologist may include:

• Cognitive Rehabilitation: Working on problem-solving and memory training, practicing exercises to repair attention span, communication skills, or decision-making.
• Psychotherapy: Learning coping mechanisms for irritability, mood swings, depression, stress, etc. Working through any psychological trauma from the crash and adjusting harmful thought processes.
• Lifestyle Changes: Adjusting your diet to include “brain foods,” developing routines to stay on track, being physically and socially active within your limits.

Neurologists are medical doctors who look at the physical brain injury. These doctors can prescribe medication, which some TBI victims find helpful in managing chronic pain, headaches, depression and other long-term symptoms.

Indianapolis is home to Franciscan Physician Network Rehabilitation & Spine Specialists. The clinic works with people with brain and spine injuries, chronic pain, and other nerve-related issues.

Recently, another Indiana provider, Ascension St. Vincent, announced its new Brain and Spine Hospital. Located on the same campus as St. Vincent’s Level 1 trauma center, the new hospital will be “a hub for advanced cranial and spine care in Indiana.”

What Future Risks Are Associated with Concussions?

Concussion is a common type of mild brain injury, but it should still be taken seriously. Any brain injury, mild, moderate or severe, can have long-lasting effects.

Persistent post-concussion syndrome, for example, may cause lingering headaches, dizziness, blurred vision, ringing in the ears, insomnia, concentration issues, and sensitivity to light and sound. You’re at greater risk for this condition if you’ve experienced head injuries in the past.

Post-traumatic vertigo is dizziness that won’t go away. Any movement can trigger an episode of vertigo, and it may affect your ability to drive or complete other tasks. The condition is treatable but may reoccur, so it is necessary to seek treatment.

Unfortunately, moderate to severe brain trauma is associated with an increased risk of Alzheimer’s and other degenerative brain diseases. Over the last few years, there has been a significant amount of research done that establishes this link.

Should I Recover Damages from My Brain Injury as Part of My Personal Injury Lawsuit?

Yes. If your traumatic brain injury/concussion was caused by your accident, you should recover for the effects of that injury.

Among those who study TBIs, one consensus stands out: often, the victims will never be the same as they were before the injury. Especially when a TBI is caused by a serious commercial vehicle accident, it can reshape a person’s life. It can have a significant impact on your personal injury lawsuit.

Laura Lampton is a registered nurse and a life care planner who helps calculate future medical costs for crash survivors. I spoke with her on episode 45 of my podcast, After the Crash.

Because people with brain injuries have varying symptoms, recovery times and after-effects, each case is different. Besides their medical bills, they may have other costs associated with day-to-day care.

For example, some people with TBIs can function physically without issue. But because of cognitive or memory impairments, they may require supervision. Some survivors go to brain injury programs where they’ll have access to 24-hour care.

These options can drastically improve a person’s quality of life, but they are expensive. The costs must be calculated when an attorney is pursuing a fair settlement for an injured client. Professionals like Laura help with this part of the process.

It can be hard to admit you’re struggling, especially when you look “normal” from the outside. Maybe you don’t want your family to know you have a hard time speaking sometimes or have lost some short-term memory. However, acknowledging the after-effects of your brain injury will help your case, and your attorney can help you access the resources you need.

Will I Fully Recover from My Brain Injury?

Technically, since damaged brain cells cannot repair or regenerate, your brain will never return to “normal” after a TBI. However, our brains can rewire to function without the brain cells we lost.

Various rehabilitation methods can help TBI patients recover. Dr. Negovetich said with mild TBIs, he takes a less aggressive approach, since symptoms should ease up by themselves.

Rest is important in this stage. Melatonin can be helpful if you’re struggling with sleep. Once you’re able, take a walk or ride a stationary bike (as long as it doesn’t aggravate your symptoms). This increases blood flow to your brain and can help it heal.

After several months, if headaches persist, Dr. Negovetich said he may prescribe medication to help with the pain.

For victims of severe TBIs, the recovery process will look different. It may take months or years, and some symptoms may persist long after. Recovery depends on the person, their lifestyle, the severity of their injuries and more.

What You Can Do to Prevent Brain Injuries

Many of our clients face crashes that are out of their control. When a truck driver breaks rules or makes mistakes, they cause wrecks that leave other drivers and passengers severely injured.

Wearing your seatbelt is a quick, easy way to protect yourself and minimize the likelihood of TBI. Drive defensively, keep a safe distance from other vehicles, stay off your cell phone, and avoid speeding.

If you have a child, make sure they are protected by a car seat or booster seat designed for their age, height and weight. Adjust the headrest so that it supports their head.

Cyclists, whether riding a bicycle or a motorcycle, must wear proper, supportive helmets at all times. It is estimated that wearing a helmet can reduce the risk of head injury by 85%. Helmets can absorb the impact if you fall, crash or are struck.

Brain Injury Attorneys Near You

Unfortunately, TBIs are common in personal injury lawsuits. Serious collisions (like wrecks involving 18-wheelers or other heavy trucks) affect thousands of people each year, and many of them suffer brain injuries.

At Craig, Kelley & Faultless, our attorneys represent personal injury and wrongful death clients. We enlist the help of medical experts, life care planners, vocational experts, accident investigators and others to understand every aspect of your case.

Managing partner David Craig is a member of the National Traumatic Brain Injury Association, a specialty association by The National Trial Lawyers Association. He also belongs to the Top 25 Motor Vehicle Trial Lawyers by NTLA.

If you or a loved one has experienced a traumatic brain injury from a motor vehicle collision, reach out to a qualified attorney as soon as possible.

Contact Craig, Kelley & Faultless for a free case consultation today at (800) 746-0226 or with our online form.

 

David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.