Experts In This Article
- Michael T. Gibson, Esq., Lead Attorney & President at Michael T. Gibson, P.A., Auto Justice Attorney, Catastrophic Injuries Expert and Licensed for 17 years
- Todd Curtin Esq., Partner & Lead Trial Attorney at Michael T. Gibson, P.A., Auto Justice Attorney and Licensed for 8 years
- Amit Jhalli, Esq. Attorney at Michael T. Gibson, P.A., Auto Justice Attorney, Personal Injury Pre-suit Investigation & Brain Injury Expert and Licensed for 9 years
Many accident victims may not realize the number of situations that can increase their risk of a traumatic brain injury. When many people hear the term TBI, they think of individuals that suffer injuries while in the military or devastating accidents or mass casualty events. Rarely does a person consider that a slip at the store or a seemingly harmless fender bender can result in such a serious and life-altering injury.
Traumatic brain injuries, most commonly referred to as TBIs, are a widespread threat to the health and well-being of many in our community after personal injury accidents. Traumatic brain injuries may not always look obvious, and if you develop this serious and potentially life-threatening injury, you could face lifelong impediments and challenges to your ability to function and take care of yourself.
If You Have TBI Symptoms After an Accident, Contact a Brain Injury Attorney
After an accident, if you develop any signs or symptoms that there is a possibility of TBI, you should immediately contact a personal injury attorney to represent you in your case. TBI accidents are some of the most costly accidents in terms of losses to a victim and society because of the injuries that result.
Once you know your injuries may include a TBI, retain the services of a brain injury lawyer who can help you protect your rights and prepare a claim or lawsuit for your losses as soon as possible in your case.
The medical expenses, income impacts, and other personal losses can add up quickly for a TBI and become overwhelming for the victim and their loved ones. Seek the compensation you deserve after sustaining a TBI by calling a lawyer today.
Traumatic Brain Injuries
A TBI is not an injury that occurs in the same way to every victim. The circumstances that lead to a TBI can be very different from one victim to another. Even the manifestation of symptoms and development of the injury can appear in various ways to victims of a personal injury accident.
Traumatic brain injuries include any injury that affects the inner workings of an individual’s brain. There does not have to be a visible injury for a victim to suffer a TBI. Many TBIs occur as closed head injuries with no visible intrusions into the head or to the brain.
Closed head injuries can be difficult to detect in the short time after an accident occurs. Unfortunately, the longer a TBI goes undetected the higher the likelihood that more extensive damage or permanent injury can result.
Penetrating head injuries that cause fractures to the skull are more obvious traumatic brain injuries that are easier to discover and diagnose. Although these injuries are often severe, it is more likely that medical interventions are immediate to prevent further damage after an accident.
Warning Signs You May Have a Traumatic Brain Injury
You are at risk of a traumatic brain injury after suffering a forceful accident such as a slip, fall to the ground, or if your head strikes a nearby object. You may not always remember hitting your head during an accident or fall and you may not even feel pain in the immediate moments after an accident; this does not mean you are free from the possibility of a TBI. Many traumatic brain injuries can develop slowly over hours and days after an accident. It is not uncommon for an accident victim to believe they are fine only to begin to take a turn for the worse as time wears on after an accident that affects their brain.
Certain symptoms can indicate a TBI that requires immediate medical evaluation and attention. A traumatic brain injury can manifest itself in a victim through physical symptoms or neurological and cognitive symptoms that indicate something is not right.
Warning signals that you may have a TBI can include:
- Worsening headaches – An accident can be an emotional and scary experience. It is not uncommon for victims to feel a bit of a headache after a stressful event, but if the headaches continue beyond a few hours after an accident and continue to worsen with little to no relief, you may have a developing brain injury.
- Any loss of consciousness even if just for a brief moment – If you cannot remember any moment of what occurred or feel as though you passed out even briefly, you may have injured your head and brain in an accident. Sometimes a victim may not even realize they have lost consciousness until they learn the sequence of events from those around them and the news that they were unresponsive for some time. Any time you lose consciousness in an accident warrants an immediate medical evaluation to rule out potential injury to the brain.
- Nausea and/or vomiting – These are typical symptoms of a concussion or other serious TBI. If you are feeling unwell after an accident and continue to vomit you may have a TBI.
- Ringing in the ears or dizziness – The ears can be very sensitive to changes in the workings of the brain. Dizziness, balance problems, or ringing in the ears after an accident may indicate a traumatic brain injury and require additional medical assistance.
- Leaking fluid from the nose or ears – Any clear fluid that leaks from the ear canal or nasal passages after an accident must be considered suspicious. If fluid continuously flows from any of these areas after an accident, seek help at the nearest emergency room to ensure you do not have a serious brain injury.
- Difficulty focusing eyesight or blurry vision – Eyesight is commonly affected by injuries to the brain. Any changes to your vision after an accident may indicate that your brain has undergone distress or injury.
- Bothered by lights or sounds – Sensitivity to lights and sounds is a common migraine symptom, but if you are suffering from this condition after an accident and it appears to be worsening over time, you may have an internal head injury.
- Extreme lethargy – It is normal to feel tired after an accident, but if you are struggling to wake up even after a period of rest, you may be suffering symptoms of injury to the brain.
- Loss of sensation or feelings of weakness in extremities – Any effects to the nervous system that causes you to feel weakness or numbness in areas of the arms or legs can indicate that there is an injury to the brain affecting your senses. This can include a feeling of pins and needles that do not resolve.
- Difficulty concentrating or completing routine tasks – If you find yourself frustrated at routine tasks and cannot seem to concentrate on any activity for any length of time, you could suffer from an injury that affects your cognitive function and abilities.
What Can Cause Traumatic Brain Injuries?
A traumatic brain injury can happen because of a strike to the head, a sudden jolt, or violent shaking. Any accident can cause any combination of the forces and momentum necessary to cause a traumatic brain injury. While a TBI does not happen in every accident, there are certain types of accidents and certain individuals that can be more susceptible to falling victim to these injuries.
If the accident that causes your injuries is the result of the negligence of another party, you may be eligible for compensation under the law. Negligent traumatic brain injuries are common occurrences in cases where another individual or entity does not take the steps necessary to prevent an accident from occurring under their watch or because of their negligent and reckless behavior.
Common causes of traumatic brain injuries due to negligence can include:
- Motor vehicle crashes
- Work-related injuries
- Slip and falls
- Medical malpractice
- Nursing home negligence
- Sports injuries
- Childbirth injuries
- Intentional acts
Can You File a Lawsuit if You Are a TBI Victim?
If you have evidence to believe that your TBI is the result of another party’s actions, you may be eligible for compensation for your damages and losses. In many cases, it is your best option to file an insurance claim for your injuries with the help of a personal injury attorney.
With the right guidance, you may reach a successful negotiation through a settlement with the insurance company. However, if your damages are too severe or the insurance company is disputing fault, it might be beneficial to you to seek compensation through a lawsuit in court.
Traumatic brain injuries are a common source of conflict between victims and insurance companies. When a victim sustains a permanent disability because of their injuries, they may have a difficult time negotiating a settlement that takes into account all of their current and future needs, expenses, and impacts. Insurers can often attempt to shortchange victims of TBI and withhold compensation from a victim that they may be eligible for under the law. A personal injury attorney can help you fight for the compensation you deserve after becoming a victim of a TBI due to another party’s negligence.
What Steps Should You Take if You Believe You May Have a TBI?
If you think you could have a TBI, you must act fast to protect your health and your legal claim for damages for your losses. Place your case in the right hands so you can go down the path that will give you the best chance at a successful resolution.
Get Medical Help as Soon As Possible
Your most pressing priority when you discover that you have a traumatic brain injury is to get the help you need from a healthcare professional as soon as possible. If your symptoms are an emergency, then you must call 911 or get to the nearest emergency room as soon as possible for an evaluation and treatment.
Collect All Evidence Available to You
If you discover an injury after an accident, gather all the information you have about the accident to support your claim. Any evidence that supports the fault in the accident or the extent of your injuries can play an important role in collecting damages for your losses after a TBI.
Contact a TBI Lawyer
Once you receive medical attention and undergo treatment for your injuries, shift your focus to the legal assistance you will need from a traumatic brain injury attorney. Contact a lawyer for a free case evaluation to discuss your case, your injuries, and who may owe you for your losses after an accident. Contact Michael T. Gibson, P.A. Auto Justice Attorney today.
Why Do You Need to Contact an Attorney if You May Have a TBI?
Do not make the mistake of thinking you can handle a TBI case without an attorney. The reality is that traumatic brain injuries are unpredictable and can be a roller coaster of ups and downs. It is common for TBIs to cause different symptoms to develop over time, and a victim can begin to feel better only to regress and develop other impactful effects from their injuries to the brain. A traumatic brain injury lawyer can help you navigate this difficult area of the law to help you fight for compensation against insurers and the parties that may be at fault for causing your injuries.