Board Certified Personal Injury Trial Attorney

What Defines a Traumatic Brain Injury?

September 20, 2023 | Injury Law

Traumatic brain injuries (TBIs) can have a significant impact on people’s lives. These injuries can range from mild to severe, with lasting consequences that can affect every aspect of a person’s life. If you’ve been injured as a result of someone else’s negligence and think you are dealing with a TBI, it’s important to understand what exactly it is and what recourse you can seek.

According to the CDC, “A traumatic brain injury (TBI) is caused by

  • A bump, blow, or jolt to the head, or
  • A penetrating head injury that disrupts the normal function of the brain.”

Traumatic brain injuries (TBIs) can be difficult to diagnose due to the wide spectrum of severity and symptoms, making it critical to understand that there are varying degrees of this injury.

Mild Traumatic Brain Injury: Mild traumatic brain injuries – such as concussions – typically cause brief loss of consciousness (if any), confusion, or disorientation that lasts only briefly following injury. Common symptoms may include headache, dizziness, temporary memory issues, difficulty focusing, and fatigue.

Moderate Traumatic Brain Injury: This type of TBI involves more pronounced damage than a mild injury. It typically results in loss of consciousness for several minutes up to several hours following the trauma. Individuals with a moderate TBI may experience significant confusion, memory problems, mood swings, headaches, and trouble concentrating, in addition to other physical and cognitive symptoms.

Severe Traumatic Brain Injury: A severe TBI denotes major damage caused by a substantial impact to the head – like an assault or a penetrating brain injury. Such injuries are generally characterized by prolonged unconsciousness (coma) lasting days to weeks or months after injury. Significant neurological impairments often result, as well as seizures and severe cognitive impairments. These injuries require intensive and long-term medical care given their complexity and seriousness.

Why You Need a Lawyer For a Traumatic Brain Injury Claim

While it’s understandable that you might be tempted to handle a personal injury claim on your own, this can significantly damage your case. There are several reasons why having a lawyer is essential for a traumatic brain injury case, including the following:

Legal Expertise: A lawyer specialized in personal injury law, particularly TBI cases, possesses the necessary expertise and knowledge of relevant laws, regulations, and precedents to navigate the complicated legal landscape associated with these types of injuries.

Case Evaluation: An experienced attorney can evaluate your case objectively to determine its strength and potential for success. They will assess factors such as liability, damages, and medical records, and determine if they need testimony from experts.

Maximizing Compensation: A skilled lawyer understands how to quantify the full extent of your losses resulting from a TBI – including medical expenses, both current and future, loss of income or earning capacity, and pain suffered from the injury – ensuring you seek appropriate compensation that considers all of your losses.

Insurance Negotiations: Dealing with insurance companies can be intimidating after suffering from a TBI. The insurers may try minimizing your payout or deny your claim altogether. Having a lawyer that knows how to effectively negotiate and is aware of typical tactics employed by insurance carriers places you at an advantage and will help you get the compensation you’re entitled to.

If you’ve been injured and are suffering from a brain injury, we’re here to help. Contact us today to schedule a free consultation.