Everything you need to know about making your traumatic brain injury case get you what you are entitled to
If you or a loved one have suffered a traumatic brain injury (TBI), you will find that managing your injury, your lifestyle adjustments, your finances, and your emotional and psychological trauma can be more than overwhelming. If you or a loved one have been injured in a car accident, a birth injury, a sporting accident, a workplace accident, or another event that led to severe head trauma, you should not have to file a brain injury lawsuit alone. Contact the Bethlehem brain injury lawyers at Munley Law Personal Injury Attorneys to schedule a free consultation.
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What is a Traumatic Brain Injury (TBI)?
TBIs can be the result of various injuries that typically involve a blow to the head in penetrating (entering the skull/open) or non-penetrating (skull surface/closed) damage. When physical forced trauma is imposed on the head, chemical and energy shifts occur in the brain; this often makes the victims experience various symptoms, which can include:
- Behavioral or mood changes, depression
- Confusion; memory failure
- Convulsions or seizures
- Vision impairment
- Dizziness, faintness, or fatigue
- Nausea or vomiting
- Restlessness or agitation
- Light sensitivity
- Smell sensitivity
- Slurred speech, trouble finding words
- Excessive or not enough sleep
What Are the Leading Causes of TBIs)?
According to the Centers for Disease Control and Prevention (CDC), TBIs are a leading cause of disability death in the U.S. Half of all TBIs result from a fall; the injured are typically senior adults over 65 years old, or adolescents 17 years old and younger. Common circumstances leading to TBI injuries include:
- Motor vehicle accidents
- Domestic violence, assault & shaken baby syndrome
- Sports, recreational injuries
- Work injuries
- Medical malpractice
- Gunshot wounds
- Military actions
How Do I Know If I Have a Traumatic Brain Injury?
The TBI symptoms cited above are a good place to regard; however, if you or a loved one feel vulnerable after a head injury, it is critical that you see your healthcare provider — brain injuries are difficult to diagnose at a glance and can worsen and cause long-term damage. Assessments typically include:
- Neurological evaluation of your memory, balance, reflexes, coordination, vision & hearing
- Imaging brain scans to determine if there is internal bleeding or bruising/swelling
- The Banyan Brain Trauma Indicator (BTI) blood test can detect proteins that are present when there is a TBI or mild head trauma
There are different types of brain injuries that TBI victims can be evaluated for:
- Penetrating (open) injury: Involves a fracture or breaks in the skull, often against the ground or by a foreign object.
- Concussion (Mild, grade 1; Moderate, grade 2; Severe, grade 3): Is caused by a bump, blow, or jolt to the head or to the body which causes the head to move back and forth.
- Hemorrhage (closed) injury: Requires immediate medical attention and results in bleeding and swelling in the brain after an artery in the brain has burst.
How Can a TBI Affect My Everyday Life?
“Unlike bones or muscle tissue, the neurons in the brain do not mend themselves. New nerves do not grow in ways that lead to full recovery. In fact, certain areas of the brain remain damaged, and the functions that were controlled by those areas may be disrupted and lead to challenges in the individual’s life (The Brain Injury Association of America, 2023).”
There are long-term solutions, therapies, and treatments, however, to promote recovery. TBI victims can have full recovery, depending on the degree of damage and depending on how much effort they put into their rehabilitation. The CDC found that those who have mild to severe TBI, even after 5 years of its onset and therapy:
- 57% are moderately or severely disabled.
- 55% do not have a job (but were employed at the time of their injury).
- 50% return to a hospital at least once.
- 33% rely on others for help with everyday activities.
- 29% are not satisfied with life.
- 29% use illicit drugs or misuse alcohol.
- 12% reside in nursing homes or other institutions.
If you or a loved one have endured a traumatic brain injury from someone else’s negligence, you are entitled to compensation to ensure that proper care is achieved and to re-establish a healthy quality of life. TBI cases are complex and it is in your best interest to consult an experienced Bethlehem brain injury lawyer. Our head injury lawyers at Bethlehem Munley Law Personal Injury Attorneys will allow you to focus on recovery and to re-establish a healthy quality of life. Our head injury lawyers at Bethlehem Munley Law Personal Injury Attorneys will allow you to focus on your own recovery or the care of an injured loved one who was hurt by the negligence of another.
What Evidence Do I Need For My Brain Injury Case?
Document all doctor visits, prescriptions, and missed time from work, as well as any witness statements that are available. If the insurance company should call after the accident, remember that you do not have to speak with the adjuster; if you do talk, keep statements brief and state that you do not consent to be on a recorded line. Do not describe your injuries, medical treatments, or anything other than basic, identifying information. Documentation that you can collect includes:
- Medical images (CT scans, MRI scans, x-rays, etc.)
- Brain mapping or diagrams to show brain injury occurred
- Intracranial pressure (ICP) monitoring to document swelling in the brain
- Diagnostic tests for mental/physical function, cognitive ability, information processing skills, speech control, motor skills, etc.
- Witness testimony
- Medical expert testimony
- Testimony from those who knew you or your loved one before AND after the event to illustrate how the brain injury has impacted the victim’s life
- Testimony from mental health experts
This documentation can be critical, as traumatic brain injuries may not be immediately apparent; testing is critical here.
How Can a Bethlehem Head Injury Lawyer Help?
To recover damages and compensation due to someone else’s negligence, negligence must be proven:
- Duty: Prove that the defendant owed you the duty of care not to be harmed
- Breach: Demonstrate defendant failed to execute their duty of care
- Causation: Prove that the defendant’s failure to execute their duty of care is why you were injured.
- Sufffering: The victim was injured and suffered damages.
Because the injury may be a result of medical negligence, product liability, or a personal injury event like a car accident, understanding brain injury laws is of the utmost importance because evidence from these cases can disappear quickly; your Bethlehem brain injury lawyer at Munley Personal Injury Attorneys can manage discovery, secure evidence, and collect data to help to secure your compensation efforts.
TBI cases can be difficult to prove on your own, which is why it is important to hire a traumatic brain injury attorney who has not only the legal claim experience, but the trial experience to bring forth a traumatic brain injury lawsuit against the at-fault party. The Bethlehem brain injury team at Munley Law Personal Injury Attorneys has the reputation, successful track record, knowledge, and expertise to get you all of the compensation that you deserve. For a no-obligation, free consultation, contact the traumatic brain injury law firm at Munley Law Personal Injury Attorneys now by phone, filling out a contact form, or chatting online now.