Traumatic Brain Injuries: The Causes, the Impact, and How to Seek Justice

Traumatic brain injuries (TBIs) are among the most severe and life-altering injuries someone can experience. Whether caused by car accidents, workplace incidents, falls, or acts of violence, TBIs can result in lasting physical, cognitive, and emotional impairments. 

For victims and their families, the aftermath can be devastating, leading to financial hardship, ongoing medical treatment, and diminished quality of life.

What Is a Traumatic Brain Injury?

A traumatic brain injury occurs when an external force disrupts normal brain function. TBIs range from mild (concussions) to severe, which can cause permanent disability or death. 

The brain is the control center of the body, and when it is damaged, it can lead to a wide range of physical, cognitive, and emotional symptoms. There are many different types of brain injuries, but three common types of brain injuries include the following:  

Anoxic Brain Injuries

An anoxic brain injury occurs when the brain is deprived of oxygen. This type of injury can happen when a person experiences a heart attack, stroke, or choking incident. When the brain is without oxygen, it can cause brain cells to die, which can result in permanent brain damage. Anoxic brain injuries are often referred to as "silent killers" because they can happen quickly and without warning.

The symptoms of an anoxic brain injury can vary, depending on the severity of the injury and the area of the brain that was affected. Some common symptoms include confusion, memory loss, difficulty speaking or communicating, and loss of motor function. In severe cases, anoxic brain injuries can result in coma or death.

Penetrating Brain Injuries

Penetrating brain injuries occur when an object penetrates the skull and enters the brain tissue. This type of injury can be caused by a variety of things, including bullets, sharp objects, or bone fragments from a traumatic injury. Penetrating brain injuries are often more severe than other types of brain injuries, and they can result in significant physical and cognitive deficits.

The symptoms of a penetrating brain injury can vary, but some common symptoms include severe headaches, loss of consciousness, confusion, memory loss, difficulty speaking or communicating, and changes in personality or behavior.

Concussions

A concussion is a type of brain injury that is caused by a blow to the head. This type of injury can be caused by a variety of things, including falls, car accidents, sports-related injuries, and physical assaults. Concussions are often referred to as "mild" brain injuries, but they can still have serious consequences.

Some common symptoms include headaches, dizziness, confusion, memory loss, and changes in mood or behavior. In some cases, a person who has suffered a concussion may experience temporary loss of consciousness. In severe cases, a concussion can result in permanent brain damage.

Common Causes of TBIs

TBIs can occur in various situations, including:

• Motor Vehicle Accidents: Car, motorcycle, and truck crashes are among the leading causes of TBIs. The impact from collisions can cause the brain to strike the inside of the skull, leading to damage.
• Falls: Slips, trips, and falls account for a significant percentage of TBIs, especially among the elderly and young children.
• Workplace Accidents: Employees in construction, manufacturing, and industrial jobs face a higher risk of sustaining TBIs due to falls, equipment malfunctions, and hazardous conditions.
• Sports Injuries: Contact sports like football, hockey, and boxing increase the risk of concussions and other brain injuries.
• Acts of Violence: Assaults, gunshot wounds, and domestic violence can lead to TBIs, sometimes with fatal consequences.
• Medical Malpractice: Errors during surgery, anesthesia mishaps, and lack of oxygen (hypoxia) can result in brain injuries.

Symptoms of a Traumatic Brain Injury

The symptoms of TBIs vary based on the severity of the injury and the affected area of the brain. Common symptoms include:

Mild TBI (Concussion):

• Headache
• Dizziness
• Nausea
• Memory problems
• Sensitivity to light and noise
• Difficulty concentrating

Moderate to Severe TBI:

• Loss of consciousness
• Persistent headaches
• Seizures
• Slurred speech
• Weakness in limbs
• Mood swings and personality changes
• Cognitive impairments

Steps to Take After a Traumatic Brain Injury

If you or a loved one suffers a TBI, taking the right steps can protect your health and legal rights:

• Seek Immediate Medical Attention: A prompt diagnosis can prevent further complications and establish a medical record for your claim.
• Document the Incident: Take photos, gather witness statements, and obtain accident reports if applicable.
• Follow Medical Advice: Adhering to treatment plans and therapy recommendations is crucial for recovery.
• Contact Morgan & Morgan: An experienced lawyer can help you navigate the legal process and secure fair compensation.

The Long-Term Impact of TBIs

TBIs can have a lasting impact on an individual’s physical, emotional, and financial well-being. Some of the long-term consequences include:

• Cognitive Impairments: Memory loss, difficulty concentrating, and learning disabilities.
• Emotional and Behavioral Changes: Depression, anxiety, mood swings, and aggression.
• Physical Disabilities: Loss of motor function, chronic pain, and speech impairments.
• Financial Struggles: The cost of medical treatment, rehabilitation, and lost wages can place an enormous financial burden on victims and their families.

Potential Compensation for TBI Victims

The damages you may recover in a TBI lawsuit depend on various factors, including the severity of the injury and the circumstances of the accident. Compensation may include:

• Medical Expenses: Hospital bills, surgeries, rehabilitation, and ongoing treatment.
• Lost Wages: Compensation for income lost due to inability to work.
• Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life.
• Punitive Damages: In cases of gross negligence or intentional harm, punitive damages may be awarded.

Legal Options for TBI Victims

If you or a loved one has suffered a TBI due to someone else's negligence, you may have legal grounds to pursue compensation. Morgan & Morgan can help victims file claims for:

• Personal Injury Lawsuits: If your injury was caused by another party’s negligence, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering.
• Workers’ Compensation Claims: If your TBI occurred at work, you might qualify for workers’ compensation benefits to cover medical treatment and lost income.
• Product Liability Claims: If a defective product, such as a faulty helmet or airbag, contributed to your injury, you may be able to file a lawsuit against the manufacturer.
• Medical Malpractice Claims: If a healthcare provider’s negligence caused or worsened your TBI, you may have a valid malpractice claim.

How Do You Prove Negligence/Fault?

• Proving negligence in a personal injury case requires demonstrating four key elements: duty, breach of duty, causation, and damages. Here is a brief explanation of each element:
• Duty - The defendant owed a legal duty to the plaintiff to act with reasonable care under the circumstances. For example, a property owner has a duty to maintain their property in a safe condition for visitors.
• Breach of Duty - The defendant breached their duty of care by acting or failing to act in a way that a reasonable person would have acted under similar circumstances. For example, the property owner failed to maintain their property.
• Causation - The defendant's breach of duty caused the plaintiff's injury. This means that the plaintiff must show that the defendant's actions were the direct and proximate cause of their injury. Using the same example, the victim was injured when they fell on the defendant’s stairs that were broken.
• Damages - The plaintiff suffered damages, such as physical injury, emotional distress, or financial losses, as a result of the defendant's breach of duty.

How Morgan & Morgan Can Help

Morgan & Morgan is committed to fighting for the rights of TBI victims. Our team of experienced personal injury attorneys provides free case evaluations so everyone can have access to justice regardless of their bank balance. Our Fee Is Free®, and you only pay if we win your case.

When you work with Morgan & Morgan, the largest personal injury law firm in America, we work with leading medical professionals to assess the severity of your TBI and its impact on your life and negotiate with insurance companies for the compensation you deserve—taking cases to trial if necessary to secure the maximum compensation for our clients.

Traumatic brain injuries can have devastating and lifelong consequences. If you or a loved one has suffered a TBI due to negligence, Morgan & Morgan is here to help. Our experienced attorneys will fight tirelessly to ensure you receive the compensation you need and deserve to move forward with your life. Contact us today for a free case evaluation to discuss your case and explore your legal options.