Dealing with the aftermath of a traumatic brain injury (TBI) can be stressful to say the least. To make matters worse, TBIs can sometimes appear to have no symptoms at all, leading the injured party to feel a false sense of security. Sometimes years can pass before symptoms manifest.
Take the following example: In 2016, NPR ran a report about Brian Arling, a doctor from Washington DC, who, for weeks, felt pain in his back but thought nothing of it. It wasn’t until he began to have trouble gripping plates that he thought to seek medical attention. Once he arrived at the hospital It became apparent that he indeed had a pool of blood pressing on his brain. The cause of the brain injury was a seemingly minor bump on the head.
Due to the tricky nature of TBIs, it is very important, when seeking compensation, to have an attorney who understands the complexities of brain injuries. The following will briefly describe the nature of this injury, its widespread impact on society and some things to consider when pursuing remuneration.
Major Causes
So how does one sustain such an injury? Statistically, most TBIs are linked to slip and fall accidents, which account for nearly half of all TBI-related deaths, hospital visits and emergency department visits. TBIs are often caused by sudden hits or jolts to the head. In some cases, a TBI might be the result of sudden deceleration, causing diffuse axonal shearing, brain swelling or contusions. Essentially, if you (and your brain) are moving at rapid speeds and suddenly stop, the brain can move inside the skull. This rapid movement leads to (sometimes) severe injuries in different parts of the brain.
Symptoms
Determining whether you have a TBI can be difficult, partly due to the fact that symptoms are incredibly varied and partly due to the fact that symptoms are sometimes delayed. According to the Centers for Disease Prevention and Control (CDC), there are several different kinds of symptoms. You may experience cognitive deficiencies, emotional turmoil, physical distress or variations in your sleep pattern. In terms of cognitive deficiencies, you could have trouble thinking straight or you may have difficulty recalling information. Physical symptoms can range from headaches to light sensitivity. As for psychological and emotional disturbance, you might experience any number of extreme feelings, whether it’s incredible anxiety or deep sadness. Finally, a sudden shift in your sleeping habits could be an indicator of a TBI.
Scope
TBIs are all too common. According to the CDC, nearly a third of injury-related deaths are connected to TBIs. And almost 2.5 million people suffered from this type of injury in 2010. Every single day in this country, 153 people die because of TBIs. Needless to say, this type of injury is pretty widespread.
Compiling a Case
If you have experienced such an injury at no fault of your own, you might be able to receive compensation. As noted by Maurer Law Firm, PLLC, in pursuing such claims, it is of utmost importance to compile evidence proving the fault and negligence of the responsible party. When it comes to TBIs, there are a number of situations that might constitute cases of negligence. These include car accidents, medical malpractice cases, slip and fall accidents, and the consumption or use of faulty products.
Negligence
Generally speaking, proving negligence requires the demonstration of four basic elements. You must be able to show that there was a legal duty owed to you by the other party. You must then show that the responsible party breached that duty. After that, you must verify the presence of an injury (in this case, a TBI) and show that the breach of duty directly caused that injury.
It can be quite difficult to put together a case without an attorney. Thus, you may want to reach out to a lawyer with experience in TBI cases. With the right lawyer you may be able to obtain remuneration for lost income, medical expenses, home care costs, and pain and suffering damages. Having a professional by your side could give you the space you need to focus on getting better.
