Brain Injury

Within the medical community, there are two general classifications of brain injuries. “Acquired brain injuries” are often derived from specific medical conditions, such as stroke, brain tumors, meningitis, heart disease, or substance abuse.

Most brain injuries, however, are classified as “traumatic brain injuries” (TBIs) and result from a blow to or penetration of the head during a physical assault or from a fall, motor vehicle accident, or sports-related injury. 

Most TBIs are caused by rapid acceleration/deceleration of the head, violent shaking, or a forceful blow that damages the brain.

According to the Centers for Disease Control and Prevention, an alarming number of Americans—more than 5.3 million—now suffer from TBI-related disabilities that mandate long-term or lifelong assistance with daily tasks.

Statistics You Should Know:

• Every 15 seconds, someone in the United States suffers a TBI.
• An estimated 100,000 children suffer brain injuries every year.
• Of the one million people in the United States who visit hospital emergency rooms for head injuries each year, an estimated 270,000 suffer a moderate or severe TBI.
• In the United States, TBI is one of the leading causes of death in people under the age of 45.
• Roadway accidents (automobile, motorcycle, bicycle, and pedestrian), which account for 50 percent of all TBIs, are the primary cause of head injury in people under the age of 75.
• Slips and falls account for the majority of TBI cases in people over 75 years of age. 

Understanding the Law

In many brain injury and TBI cases, the accident and resulting damages often occur due to the careless behavior of others. When proven in a court of law, negligence may entitle the victim to compensation of all current and future medical expenses, property damage, loss of earnings, loss of enjoyment, pain and suffering, and, in some instances, punitive damages. The victim’s family may also be entitled to compensation for damages if their lifestyles have also been severely impacted by the injury.

By their very nature, TBI cases must address a spectrum of complex legal, medical, and insurance issues, while substantiating the victim’s claim that the injury was due to negligence.

Laws can also vary from state to state and within jurisdictions. In some states, the statute of limitations for making a legal claim for this type of injury may be two years, while in other states it can be significantly less time.   

Have You Suffered a Brain Injury or a TBI?

There are five important steps that you must take if you or one of your loved ones suffers a brain injury:

1. Obtain the names, addresses, and telephone numbers of all witnesses.
2. Seek immediate medical attention and insist on comprehensive tests. Often subtle, yet serious brain injuries are not detected in the emergency room unless there are physical symptoms, such as hemorrhaging, swelling, or skull fracture. 
3. Assemble a file of all medical records and bills.
4. If the injury was caused in an automobile accident, obtain contact and insurance information from the other driver(s) and passenger(s) and call the police.
5. Contact an attorney with experience in brain injury and TBI cases.

Why You Need a Personal Injury Attorney

A skilled attorney is critical in addressing this complicated legal claim. A “neurolawyer” has extensive experience in determining the severity of the injury, working with medical experts, gathering substantive evidence, establishing a solid case, and recovering just compensation for the victim and his or her family.

To find a personal injury attorney in your community who is a specialist in brain injuries and TBIs, please enter your city name in the grey search box at the top of this page.

THIS IS NOT LEGAL ADVICE - PLEASE CONSULT WITH AN ATTORNEY REGARDING YOUR SPECIFIC CASE