Navigating the Complex Terrain of Traumatic Brain Injuries: Understanding, Claiming, and Coping

Navigating the Complex Terrain of Traumatic Brain Injuries: Understanding, Claiming, and Coping

June 13, 2023

Introduction

Traumatic Brain Injuries (TBIs) are a serious health concern that can result from a wide variety of incidents, causing significant physical, emotional, and financial burdens. As per the Centers for Disease Control and Prevention (CDC), approximately 2.87 million TBI-related emergency department (ED) visits, hospitalizations, and deaths occur in the United States each year. Of these, motor vehicle crashes account for a significant proportion, highlighting the urgency for awareness and action.

Understanding Traumatic Brain Injuries

TBIs result from a blow or jolt to the head, leading to brain dysfunction. Severity ranges from mild concussions to severe injuries leading to prolonged unconsciousness or memory loss. TBIs can cause impairments in thinking, memory, movement, sensation (like vision or hearing), and emotional functioning (like personality changes and depression).

Filing a Personal Injury Claim for TBI

If your TBI results from someone else’s negligence, such as a careless driver, you can file a personal injury claim to recoup medical expenses, lost wages, and other damages. Here’s a simple step-by-step guide:

Document Your Injuries and Expenses: Seek immediate medical attention post-accident and maintain a detailed record of your injuries, treatment, and expenses. This documentation will be crucial in establishing a link between the accident and your injuries.

Hire a Personal Injury Attorney

TBI claims can be complex. An experienced attorney can help you navigate the legal processes, gather evidence, and represent your interests effectively.

File the Claim

Your attorney will file the claim against the responsible party’s insurance company. This claim will outline the circumstances of the incident, your injuries, and the compensation you’re seeking.

Negotiation and Settlement

The insurance company will likely negotiate a settlement. Your attorney will advocate for a fair compensation package that covers your current and future medical costs, loss of earnings, pain, suffering, and more.

Going to Trial

If a fair settlement cannot be reached, your attorney can take your case to trial, where a judge or jury will make the final compensation determination.

The Costs Associated with TBI

The costs associated with TBI can be staggering. These include medical expenses, rehabilitation, lost income, and the emotional costs to the injured person and their family. Direct medical costs and indirect costs such as lost productivity can total over $76.5 billion each year in the U.S. alone.

Initial hospitalization costs for TBI can range from $25,000 to $30,000, while rehabilitation can extend to $1,000 per day. Long-term care, depending on the severity of the injury, can lead to an expense upwards of $3 million during a person’s lifetime.

Common Causes of TBI

The leading causes of TBI are falls, being struck by or against objects, and motor vehicle crashes. Vehicle accidents, in particular, are responsible for a significant proportion of TBIs, especially among young adults and the elderly.

TBIs from Car Accidents

Car accidents are one of the common causes of TBIs due to the high-impact nature of such incidents. In a crash, occupants can easily suffer a jolt or blow to the head, or may be struck by flying debris. In high-speed collisions, the abrupt stop can cause the brain to collide with the inside of the skull, resulting in a TBI even without an external injury.

While not all car accidents result in TBIs, the risk remains substantial. The CDC reports that motor vehicle crashes were the second leading cause of all TBI-related hospitalizations. It is crucial

for all vehicle occupants to use seat belts, children to be in age-appropriate car seats, and drivers to avoid distractions to minimize the risk of such accidents.

When a TBI is caused by a car accident, symptoms may not be immediately apparent. They can include loss of consciousness, confusion, headache, dizziness, blurred vision, nausea, and mood changes. If you or a loved one are in a car accident and experience any of these symptoms, it is crucial to seek immediate medical attention.

Preventing TBIs in Car Accidents

Preventing TBIs in car accidents involves adopting safe driving practices. These include obeying traffic rules, maintaining a safe distance from other vehicles, avoiding distractions like cell phone use while driving, not driving under the influence of alcohol or drugs, and wearing seat belts at all times.

Airbags also play a significant role in reducing the severity of TBIs in the event of a collision. They work in conjunction with seat belts to restrict forward movement during a crash, preventing direct impact to the head.

Conclusion

TBIs are a significant public health issue, with motor vehicle accidents being a leading cause. If you or a loved one has suffered a TBI due to someone else’s negligence, you have the right to seek compensation for your medical expenses, lost wages, and other damages.

Navigating the claim process can be overwhelming, especially when dealing with the aftermath of a TBI. Therefore, having the support of a seasoned personal injury attorney is invaluable. They can guide you through the legal steps, ensuring your rights are protected and you receive the compensation you deserve.

Prevention, however, is the best remedy. Safe driving practices, the use of seat belts, and proper use of child car seats can go a long way in preventing these life-altering injuries. As the saying goes, “It’s better to be safe than sorry.”

Always remember, the effects of TBIs extend beyond the victim, impacting families and communities as well. Therefore, any effort towards prevention, immediate response, and fair legal practices not only helps the individual but contributes to overall societal wellbeing.

Contact Us

Avian Law Group has year of experience and is here to support you and your loved ones. We are just a phone call or email away. Please do not hesitate to reach out at [email protected] or give us a call at (888) 465-0540.

Posted by

Michael Avanesian

Michael Avanesian, the founder and driving force behind Avian Law Group, is a passionate and dedicated attorney with a strong background in personal injury law. As a partner at JT Legal Group, Michael led the growth of the personal injury practice from a single employee to a team of over ninety professionals, securing over $2 billion in settlements for clients in just three years.

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