What Is A “Traumatic” Brain Injury?

A traumatic brain injury is among the most serious injuries a person can suffer. The brain controls the basic functions of life, like breathing. A serious brain injury can impair your ability to simply breathe and keep your heart beating. Even if these basic functions are preserved, you might suffer from cognitive deficits or physical limitations, which in turn can prevent you from working and completing other daily functions.

Even relatively minor brain injuries can result in memory loss, slow cognitive functioning, irritability, and other personality changes. These losses can be devastating. They can also be costly, as many brain injury victims require ongoing care and medical treatment for the rest of their lives. The experienced injury lawyers at Arash Law have years of experience handling traumatic brain injury cases.

We collaborate with professionals from various fields to build a case that shows how your injuries occurred and have impacted your life, as well as the potential value of your losses (including future losses that must be estimated).

We address complex legal, technical, and medical issues to help our clients pursue compensation for their injuries and losses. Our experienced team represents California injury victims and advocates for their legal rights after an accident. With our experience handling cases involving traumatic brain injuries, our lawyers are ready to help you deal with the legal challenges that may arise in such cases. Learn more about the different types of TBIs, medical treatment for them, the long-term effects of a TBI, who is most likely to suffer a TBI, and the potential cost of such injuries.

Types Of TBIs

Traumatic brain injuries are actually a broad category. It covers many different types of injuries that can occur in the brain and its surrounding structures. What follows are some of the common types of injuries that result in a diagnosis of TBI.

Skull Fracture

Skull fractures are far more dangerous than other types of broken bones. The skull is vital protection for the delicate brain, so when the skull is fractured, the brain is more vulnerable to injury. Skull fractures are treated with extreme caution. Here are some of the different types of skull fractures a person can suffer:

• Linear Skull Fracture — One of the simplest types of fracture, this resembles a line or a crack. When there are no other complications, a linear skull fracture can be left to heal on its own without surgical intervention. Even when surgery is not required, your doctors will monitor a linear skull fracture carefully to observe whether it is healing properly without endangering your brain.
• Depressed Skull Fracture — This type of fracture causes the cranial bones to be crushed inward toward the brain. Often, surgery is required to elevate the fractured pieces and relieve pressure on the brain. Enhanced precautions are usually necessary to protect the brain (both from the depressed skull fracture and any further injuries).
• Basilar Skull Fracture — When the skull is fractured toward the base of the brain, there is a risk that cerebrospinal fluid (CSF) could leak, which in turn is likely to cause meningitis. CSF leaks occur in about one out of every five basilar skull fracture cases. Basilar skull fractures are often accompanied by fractures in other facial or cranial bones.

Bleeding On The Brain

Trauma to the brain can cause bleeding, a potentially fatal complication. When bleeding occurs within the brain, it can result in a pool of blood (hematoma) or a bruise (contusion) in vital brain structures. It can also result in massive bleeding (hemorrhage). There are many layers between the skull and the brain itself. Bleeding can occur in any of these layers, and it produces different symptoms and medical complications when it does. Bleeding can also occur within the brain tissue itself.

If a blood vessel ruptures within the brain, you could be left with a bruise. The medical term for a bruise is a contusion. Contusions on the arm or leg might be minor, but when contusions occur in the brain, your body can be affected much more seriously. Contusions are the result of minor blood leaks. If the rupture is more serious, you could develop a hemorrhage.

Bleeding into the ventricles of the brain (intraventricular hemorrhage) is an extremely dangerous condition. Both the loss of blood and the damage to the brain can become life-threatening conditions very quickly. Even treatments for this condition can be hazardous. It is critical to seek immediate medical attention from experienced neurological doctors for any bleeding in the brain.

Secondary Injuries

Many frustrated TBI victims learn that the initial brain injury is not the only injury they will suffer. Because the brain controls so many other vital body functions, injuries to the brain can result in changes to the body’s functioning. These metabolic and physiological changes can last for days, weeks, or even months. Some permanent brain injuries may also cause permanent secondary injuries, such as:

• Low blood oxygenation (hypoxia).
• High or low blood pressure (hypertension and hypotension).
• Poor blood flow to specific parts of the body (ischemia).
• Swelling in the brain (cerebral edema), which in turn causes high pressure within the skull.

One common secondary fatal injury a TBI victim can suffer is called Second Impact Syndrome (SIS). An SIS occurs when a person has sustained a concussion, then suffers a second concussion before the brain can fully heal from the first one. This quick succession of head trauma can cause rapid swelling in the brain that is often fatal.

The few victims who survive Second Impact Syndrome are left with severe disabilities. Second Impact Syndrome is just one of the many reasons why it is so important to seek medical help anytime you suffer trauma to your head. Even a seemingly minor concussion can result in potentially fatal complications.

Treatment For TBIs

The sooner you receive treatment for your traumatic brain injury, the more accurate your prognosis is likely to be. Treatment of TBIs should start early and can last a long time. What follows are the common stages of TBI treatment.

• Emergency Medical Care — As soon as you suspect that you might have a brain injury, it is important to get medical attention right away. Call an ambulance if necessary, or in the case of a serious accident, have first responders recommend air evacuation to help you receive the appropriate treatment promptly. Get whatever emergency medical care you need. Do not wait long to see a doctor, as doing so may exacerbate your condition.

  Later, your attorney will work on sorting out payment for these services between your own health insurance carrier, the defendant’s insurance company, and Medicare or Medicaid (if you are enrolled). Payment should be the last thing you worry about when deciding to get emergency medical care.

• Hospitalization or Surgery — Serious brain injuries will often require some type of surgery or even a series of surgeries. Surgeons might repair damage, relieve pressure on your brain due to swelling, or perform other life-saving procedures. Neurosurgeons might be required for complex or technical procedures.

  Again, do not let concerns about expense delay necessary treatment. Delaying treatment can make your condition worse and may affect your ability to pursue compensation. Follow all your doctors’ recommendations for any necessary medical treatment.

• Rehabilitation — With some brain injuries, you are able to be discharged home from the hospital. Rehabilitation of these injuries might consist of outpatient visits with an occupational or speech therapist. However, some serious brain injuries can make it difficult for a person to safely manage daily activities at home without assistance. In these more serious cases, a patient might be discharged to a rehabilitation facility instead. Some of these acute and subacute rehabilitation programs are designed to treat symptoms and relearn skills quickly so that you can return home early.

  More serious injuries might require a transitional program that takes more time to rebuild old skills. Behavior management programs can also help deal with the symptoms of a TBI in order to facilitate better daily functioning. In serious cases, a brain injury may limit a person’s ability to live independently and require ongoing support or supervision.

  They might have to live in a long-term rehabilitation facility or participate in a day program while their loved ones are at work. Some independent living programs work to develop the skills that allow brain injury victims to live safely on their own, but this option is not always available in serious brain injury cases.

• Ongoing Medical Management — Whether you are in a residential rehabilitation program, receive care in your own home, or are able to live without assistance, you will still need ongoing medical management of your brain injury, which may include:
  • Follow-up visits with your primary care doctor and primary neurologist.
  • Visits to any recommended medical professionals (neurosurgeons, neuropsychologists, etc.).
  • Ongoing neurological rehabilitation.
  • Medication, imaging, etc.
  • Coordination of care between your neurological providers.

You might also require mental healthcare related to personality changes, depression, anxiety, or post-traumatic stress disorder (PTSD). All of these costs may be included as part of your medical expenses on your personal injury claim, depending on the specifics of your case.

The Long-Term Effects Of A TBI

Damage to the brain can cause many different long-term effects in the body. If your traumatic brain injury (TBI) was caused by another party’s negligence, they may be held responsible for your immediate medical treatment and, in some cases, additional long-term expenses, depending on the specific circumstances. In such cases, you may have grounds to pursue compensation for the pain and suffering associated with living with these lasting effects. These changes can include:

• Sensory changes to your vision, smell, or taste, including new sensitivities.
• Cognitive changes, such as memory loss, difficulty concentrating, and slow mental processing.
• Increased tiredness or low energy and motivation.
• Sleep changes or difficulties.

TBIs can also cause very serious changes in mood, personality, and behavior. These changes might start with minor increases in irritability or increased frustration. Over time, however, a person can suffer from chronic depression and anxiety or other serious mood disorders. A person can also develop mental health conditions as a result of the accident itself (as opposed to the brain injury).

Many accident victims, for example, experience symptoms of post-traumatic stress disorder. They may have constant thoughts and memories of the accident or vivid flashbacks and nightmares. Victims of car accidents often find themselves unable to get back on the road, and other accident victims may have trouble visiting the scene of the accident. These are very real conditions with very real costs. If you suffer from TBI due to an accident, you may be able to seek compensation for the cognitive symptoms, personality changes, and mental health disorders that may develop due to this injury.

TBIs In Children

Children are especially vulnerable to the effects of traumatic brain injuries. If the brain is injured while it is still young and developing, it may never be able to form properly, meaning that a child could go through life with permanent mental disorders, physical disabilities, or other devastating conditions as a result of a TBI. Child victims of accident-related brain injuries may be eligible to pursue compensation for the losses they will suffer over their lifetime as a result of brain damage, depending on the specifics of the case.

Who Is Likely To Suffer A TBI

TBIs can happen in many different ways. While anyone could be involved in a car crash or household accident, there are some people who are more likely than others to suffer traumatic brain injuries. What follows are some of the cases our brain injury lawyers handle involving TBIs:

• Members of the Armed Forces — TBIs are a common outcome of military service. Many members of our armed forces have suffered TBIs while in combat, and sadly, many have not received the comprehensive treatment they need to recuperate from their injuries. In spite of the terrible prevalence of TBIs among military members, researchers have been able to study TBIs and achieve many important treatment breakthroughs from the data collected through the VA.

  Some of the effective TBI treatments have been developed as a result of generous military members who were willing to participate in brain injury studies. These veterans deserve the best possible medical treatment, as well as compensation for the lifelong effects they will suffer. Arash Law is proud to work with veteran clients, advocating for their legal rights.

• Football Players — TBIs among football players have become a common news item in recent years. Researchers have long known that the repeated injuries likely to be sustained on a football field are highly correlated with TBIs. These football head injuries cause long-term, devastating brain damage. Even young players who only play in high school can develop permanent injuries from chronic traumatic encephalopathy (CTE).

  Researchers have found higher rates of CTE among college and professional football players, but even young players who only play for a few years can suffer from this serious condition. Luckily, there is a lot of attention being called to the problem of brain injuries amongst football players. Professional football players are speaking out, and increased media coverage has also started real discussions about the change needed in sports organizations.

  Even youth football leagues are implementing new safety equipment and rule changes that are designed to reduce the risk of TBI while playing football. These are important changes, but until there is universal change within football programs, brain injuries will continue to be common. Football players who sustain head injuries may benefit from learning about their legal rights and options. Consulting with a brain injury lawyer can help clarify the next steps in their situation.

• Anyone Who Plays a Contact Sport — Football is not, of course, the only sport that can result in TBIs. Other contact sports can be equally dangerous. Soccer, basketball, boxing, and hockey also have high rates of TBI and CTE among players. Many high-profile athletes have suffered the devastating effects of repeated brain traumas. Mohammad Ali famously developed symptoms similar to Parkinson’s Disease that his doctors believed to be related to the brutal blows to the head he repeatedly took over the course of his boxing career. Ali was just one of thousands of athletes across the country who have suffered the effects of chronic brain damage.

• People Who Work in Dangerous Professions — Some jobs are simply more dangerous than others. When your profession has a higher rate of injury and death than other jobs, you are more likely to suffer TBIs while on the job. Those who are injured while on the job may be eligible to file a workers’ compensation claim. Depending on the circumstances, they may also have other legal options, such as claims against the manufacturer of defective safety gear or machinery.

  It is important to consult with a head injury attorney about all your potential legal claims after suffering any type of brain injury while on the job. Your attorney can evaluate your case and help explore other potential avenues for pursuing compensation. So what are these dangerous jobs? According to the Bureau of Labor Statistics, some occupations with high fatal injury rates include:

  • Fishing and hunting workers
  • Logging workers
  • Aircraft pilots and flight engineers
  • Roofers
  • Individuals involved in construction trades
  • Refuse and recyclable material collectors
  • Driver/sales workers and truck drivers
  • Structural iron and steelworkers
  • Farmers, ranchers, and agricultural managers
  • Grounds maintenance workers

A personal injury attorney will work to advocate for your rights and represent your interests after any accident-related injury that occurs on the job. They can evaluate your case and assist you in navigating the complexities of the claims process.

Wrongful Death Claims And TBIs

Sadly, there are too many TBI cases that are fatal. Surviving family members and legal heirs may be able to file a wrongful death claim against the person (or company) whose negligence caused the fatal TBI, subject to eligibility and depending on the circumstances of the case. Pursuing such claims can help survivors seek accountability and may encourage safer practices in workplaces, on roads, and in athletic settings throughout California.

Some traumatic brain injuries are severe and can result in fatal outcomes. In other cases, the TBI might leave the victim in a coma for months or even years before they pass away. Survivors may still be able to pursue a wrongful death claim under these circumstances, so it is important to consult with a TBI lawyer to determine whether you have a valid case.

If they eventually pass away as a result of the TBI, the eligible surviving family members may be able to pursue a wrongful death claim. The timing of these legal claims can be complicated during a prolonged coma or vegetative state. There are also different areas of compensation available in a claim. Consulting with a personal injury lawyer experienced in handling cases involving TBIs is an important step toward understanding and protecting your family’s legal rights.

Reach Out To A Personal Injury Lawyer After A Brain Injury

Arash Law is a personal injury law firm in California that handles TBI cases for injured clients. Our attorneys have years of experience working with clients across the Golden State on injury claims. We represent clients across California, including cities such as San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, and Sherman Oaks.

If you are searching for a “TBI lawyer near me,” our attorneys at Arash Law are ready to help. Call (888) 488-1391 or complete our “Do I Have A Case?” form here to schedule your free initial consultation with our legal representatives. Our lawyers handling brain injury cases can help you gather and preserve important evidence and assist you in meeting legal deadlines.