A traumatic brain injury (TBI) can have devastating consequences, not only for the injured individual but also for their loved ones. The financial burden of medical treatment, rehabilitation, and lost income can be overwhelming. If your TBI was caused by someone else’s negligence, you may be entitled to compensation. However, navigating the legal process can be complex. Understanding your rights and options is essential to securing the compensation you deserve. This guide will provide key information on TBI claims and how to seek justice.

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when a sudden impact, jolt, or penetrating injury causes damage to the brain. TBIs range in severity from mild concussions to severe injuries that result in long-term disability. Many potential complications can arise after a traumatic brain injury. Some common TBI complications include:

• Memory loss
• Difficulty concentrating
• Chronic headaches or migraines
• Seizures
• Fatigue or excessive drowsiness
• Emotional changes (e.g., depression, anxiety, mood swings)
• Speech and vision problems
• Difficulty with mobility and coordination
• Numbness or tingling in various parts of the body

The severity and duration of these symptoms depend on the extent of the injury. Some individuals recover quickly, while others may require lifelong medical care.

Types of Traumatic Brain Injuries

TBIs are categorized as either open or closed injuries. Open head injuries occur when an object penetrates the skull and damages brain tissue, while closed head injuries result from a forceful impact that does not break the skull but causes internal damage. The four primary types of TBIs include concussions, contusions, hemorrhages or hematomas, and diffuse axonal injury (DAI). Concussions, the most common type, are caused by a sudden impact that makes the brain move within the skull. While most concussions are mild, they can still have lasting effects. Contusions are bruises on the brain due to a direct blow, which can lead to swelling and complications. Hemorrhages and hematomas involve internal bleeding in or around the brain, which can be life-threatening if left untreated. Diffuse axonal injury occurs when rapid movement or rotation of the brain leads to widespread nerve damage and severe impairment.

Treatment for Traumatic Brain Injury

Treatment depends on the severity and type of injury, as well as the individual’s overall health. Common treatment options include:

• Medications: Pain relievers and anti-seizure drugs may be prescribed to manage symptoms and prevent complications.
• Physical therapy: Helps improve movement, coordination, and strength.
• Speech therapy: Assists with communication and cognitive skills affected by the injury.
• Occupational therapy: Focuses on regaining independence in daily activities.
• Psychological counseling: Provides support for emotional and behavioral challenges related to TBI.
• Hospitalization and surgery: In severe cases, surgery may be necessary to relieve pressure on the brain or repair skull fractures.

Common Causes of Traumatic Brain Injury

Many TBIs result from preventable accidents caused by negligence. Falls are a leading cause, often occurring due to unsafe property conditions such as wet floors or poor lighting. Motor vehicle accidents, including those caused by reckless or impaired driving, frequently lead to head injuries. Assaults, including physical attacks and gunshot wounds, can also result in severe TBIs. Workplace accidents, particularly in high-risk industries like construction, are another common cause when safety standards are not properly enforced. Additionally, contact sports such as football, soccer, and hockey pose a high risk for concussion and other brain injuries. If another party’s negligence played a role in your injury, you may have grounds for a legal claim.

What Compensation is Available for a Traumatic Brain Injury?

If you have suffered a TBI due to negligence, you may be eligible for compensation, which can cover medical expenses, lost wages, pain and suffering, and loss of consortium. Medical expenses include hospital stays, surgeries, rehabilitation, and ongoing medical care. Lost wages compensation covers income lost due to an inability to work or a diminished earning capacity. Pain and suffering damages compensate for the emotional and physical distress caused by the injury. Loss of consortium damages may be awarded if the injury affects your relationship with your spouse.

Seeking Legal Help for a TBI Claim

Filing a personal injury claim for a TBI can be a complicated process, requiring medical evidence, expert testimony, and legal expertise. It is crucial to act quickly, as legal deadlines (statutes of limitations) can restrict your ability to file a claim.

At Brock & Stout, our personal injury lawyers have over 25 years of experience helping people obtain the compensation they deserve. We are committed to advocating for our clients and ensuring they receive the financial support necessary for recovery. Contact us today for a free consultation to discuss your case and learn how we can help you move forward.