Traumatic Brain Injury Cases
According to the Centers for Disease Control, 1.4 million people suffer traumatic brain injuries (TBI) annually. The majority of TBIs are classified as "mild" brain injuries. This term, however, is misleading, as the effects of these injuries are rarely "mild".
Many people mistakenly believe that you must lose consciousness in order to suffer a brain injury, but this is not true. Also, a recent mild TBI, and even a more significant brain injury, may not always show up on a CT scan or MRI. Additionally, contrary to what many people think, it does not require a hit on the head to sustain a TBI. For example, a person in a serious rear-end collision might suffer a TBI without striking his head on anything, where the violent whip like motion of the neck causes the brain to collide with the front, back or side of the inside of the skull. This can result in significant TBI even though the head itself struck nothing and there was no outward sign of head trauma.
We have found over the years that we have been representing the seriously injured and their families, that TBIs are frequently misdiagnosed when the patients first come to the emergency room, HMO or their private physician's offices. Sadly, these patients are often misled into believing that their symptoms are "nothing to worry about" and that they do not need to seek further medical treatment. The result is often a delay of agonizing weeks or months before the patient decides to be seen again. If the patient is fortunate, the TBI is properly diagnosed at that time but often it takes multiple return visits before the TBI is finally diagnosed.
The common causes of traumatic brain injury include:
Car and truck accidents Motorcycle accidents Bicycle accidents Pedestrian accidents Falls Acts of violence Sports injuries and other recreational injuries
The Symptoms Can Be Difficult to Detect
The symptoms of TBI can be hard to diagnose and may include some or all of the following:
Dizziness Disorientation, confusion Headaches Short-term memory loss Difficulty concentrating Agitation, aggression Changes in behavior patterns Mood swings Changes in appetite Changes in ability to smell, taste, or hear Difficulty sleeping Depression Fatigue
These symptoms also may not be present immediately following the injury and may not develop until weeks or months after the initial traumatic event. Additionally, people suffering from TBI may have difficulty describing their symptoms clearly to the treating physician or may not even realize that the symptoms they are suffering may be related to the trauma they have experienced.
At times, patients with TBI are reluctant to admit that they are suffering from mental impairment and may not be forthcoming about the full-spectrum of their symptoms, because they are embarrassed or concerned that the symptoms represent some disease process rather than a . What this means is that the physician who sees this patient must take a detailed and thorough history. While a complete history is a simple but essential diagnostic tool whose importance is taught in medical school, it is unfortunately often ignored in the emergency room, where diagnosis is frequently based solely on superficial exams - or skipped in the HMO clinic or office setting because of the limited time the physician is expected to spend in the work-up and evaluation of patients.
The Costs and Challenges Following a TBI
Treatment costs for TBI are staggering. The National Center for Injury Prevention and Control estimates the national costs for TBIs to be over $60 billion annually. In addition to sometimes life-long medical expenses, other unique circumstances may present themselves following TBI.
In the cases of a child TBI victim, a Special Needs Trust may need to be established to provide funding to cover treatment and care costs. A guardian or custodian also may need to be appointed to protect the child's best interests and oversee the administration of any Special Needs Trust.
In other cases, the impairments may make it difficult or impossible for the injured person to return to his or her former job, making it necessary for him or her to find new employment; or, in many cases, precluding any kind of gainful employment.
Those suffering long-term disabilities because of their TBI may have to apply for Social Security Disability benefits and seek coverage from Medicare and/or Medicaid, which still may not cover the full costs of their medical treatment.
Seeking Legal Help for TBI
The first step in any brain injury case is ensuring that the individual has received the correct diagnosis for his or her injury. Attorneys who handle TBI cases can arrange appointments with appropriate medical specialists for those who believe they are suffering from such injuries. TBI attorneys can make referrals, as necessary, to neurologists, neurosurgeons, neuropsychologists, physiatrists, psychiatrists, speech therapists, physical therapists and occupational therapists.
These cases also involve not only medical experts, but also vocational rehabilitation experts, life care planners, economists and other specialties, to prove the extent of the damages suffered by the plaintiff. Moreover, in addition to relying on expert witnesses, in presenting a TBI case, we also rely on the testimony of fact witnesses, persons who have known the individual since the time before the brain injury, such as friends, family and co-workers; such persons are often in the best position to testify to the behavioral and other changes that they have observed, following the precipitating event.
While some of these cases are settled out of court, others must go to trial. TBI cases are expensive to litigate and can often take a long time to resolve. Both the attorney and the injured person will be required to invest a lot of time, energy and resources into the case. Please consult with a personal injury attorney experienced in handling TBI cases in your area, to learn more about TBI cases and your legal options.
