What to Do if You Have Been Affected by a Traumatic Brain Injury

What to Do if You Have Been Affected by a Traumatic Brain Injury

December 13, 2021

Traumatic brain injury (TBI) is a leading cause of death and disability among kids and young adults in the United States. Each year, about 1.5 million Americans suffer a traumatic brain injury. Of these injuries, about 230,000 individuals are hospitalized and survive, 50,000 people pass away, and between 80-90,000 people experience long-term disability.

Traumatic brain injury is defined as any kind of injury that influences how the brain functions. Generally speaking, traumatic brain injury is usually the result of a violent strike to the head or body. Objects that go through the brain tissue, like a fragmented piece of an individual's skull or even a bullet, can also cause traumatic brain injury.

There are three main types of traumatic brain injuries. Mild, Moderate, and Severe traumatic brain injury. Each of these is measured on a scale called the Glasgow Coma Scale (GCS) to determine the severity.

Mild Traumatic Brain Injury

A mild traumatic brain injury is a fairly new discovery that can occur in anyone’s day-to-day life. Any pressure to the head can trigger a mild TBI, which by no means should be ignored. For instance, concussions: these types of head injuries have become a regular occasion in the lives of active people, particularly professional athletes. Before they discovered the severity of concussions, professional athletes who experienced a concussion were typically told to get back in the game or rest for only a brief amount of time. Nonetheless, we now know that mild traumatic brain injuries like concussions can slowly accumulate and affect the way an individual's brain functions long-term.

Additionally, mild traumatic brain injuries can be the outcome of an abrupt movement. An example would be taking a trip in a moving automobile and all of a sudden slamming on the brakes. This inertia-driven force can literally bounce your brain against the skull cavity, causing a mild stressful brain injury. The results can be swelling, bruising, and also in some cases also bleeding of the brain, classifying it as a traumatic brain injury.

Moderate to Severe Traumatic Brain Injury

Moderate to severe traumatic brain injuries are a level above a mild traumatic brain injury on GCS measuring scale. Much like moderate traumatic brain injuries, moderate to severe traumatic brain injuries can result after force to the head or by a piercing injury like a gunshot injury to the head. Moderate to severe traumatic brain injuries threaten the lives of people each year and need to be taken seriously. Gunshots, auto accidents, assault cases, as well as falls by the elderly all add to the leading causes for moderate to severe traumatic brain injuries.

Prior to detailing the steps you should take when you or a loved one has experienced a traumatic brain injury as the outcome of somebody's neglect, it is vital to understand the details of TBIs. Listed below, you will find the types of TBI there are, symptoms related to traumatic brain injuries, diagnosis, prevention, and the treatments that are available for individuals that have suffered a traumatic brain injury.

Types of Traumatic Brain Injuries

Although traumatic brain injuries are oftentimes described as individual injuries, many people who experience a TBI are more likely to have a combination of the following injuries, each of which has a different level of severity.

  • Concussion: a mild head injury that can cause a momentary loss of consciousness and usually does not cause lasting brain injury.
  • Contusion: a bruise to a specific area of the brain caused by impact to the head; also referred to as coup or contrecoup injuries. In coup injuries, the brain is injured directly under the area that was impacted, whereas, in contrecoup injuries, it is injured on the side opposite of the impact. 
  • Diffuse Axonal Injury: (DAI): the shearing and stretching of the nerve cells at the cellular level. This happens when the brain rapidly moves back and forth inside of the skull, leading to tearing and damaging of the nerve axons. Axons are what connect one nerve cell to another throughout the brain, similar to telephone wires. An extensive axonal injury disturbs the brain’s normal transfer of information and can result in substantial changes in a person’s alertness.
  • Traumatic Subarachnoid Hemorrhage (tSAH): bleeding into the space surrounding the brain. This space is typically filled with something called cerebrospinal fluid (CSF), which behaves like a floating cushion to protect the brain. tSAH occurs when small arteries tear during the initial injury. This, in turn, spreads blood all over the surface of the brain, which causes widespread effects.
  • Hematoma: a blood clot that forms when a blood vessel bursts. Blood that breaks free from the normal bloodstream starts to thicken and clot. Clotting is the body’s natural way of stopping the bleeding. A hematoma can be relatively small, or it could possibly grow large and even compress the brain. Your symptoms will vary depending on the location of the clot. There are three important types of hematoma that affect the brain: epidural hematoma, intracerebral hematoma, and subdural hematoma. An epidural hematoma is a clot that forms between the skull and dura lining of the brain.  A subdural hematoma is a clot that forms between the brain and the dura actual. An intracerebral hematoma is a clot that forms deep within the brain tissue itself. Over time your body will reabsorb clots, but sometimes surgery is needed to remove larger clots.

Secondary brain juries can also happen as the result of the body’s inflammatory response to the primary injury. Extra fluids and nutrients will gather to try to heal the injury. In certain areas of the body, this is normal and is the expected result to help the body heal; however, inflammation of the brain can be dangerous in other cases due to the firm skull limiting the space available for those extra fluids and nutrients. Swelling of the brain increases pressure in the head, which can also cause injury to parts of the brain that were not initially injured. Swelling will happen over time and can happen up to 5 days after the injury occurs. 

Symptoms of Traumatic Brain Injuries

It is crucial to keep in mind that the type and location of your injury will determine your symptoms. Symptoms can include:

  • Vomiting
  • Headaches
  • Complications with vision
  • Fatigue
  • Memory loss
  • Amnesia
  • Confusion and disorientation
  • Reduced attention span/concentration
  • Dizziness
  • Loss of balance
  • Feelings of being depressed
  • Irritability

Injuries such as concussions or diffuse axonal injury (diffuse injuries) typically will cause decreased levels of consciousness. Focal injuries such as ICH or a contusion will have symptoms based on which part of the brain is affected. Each patient affected by a traumatic brain injury is different, and some injuries will involve more than one area or even just part of a section, making it tough to predict symptoms that a patient will experience.

How Are Diagnoses Made?

When somebody has suffered a head injury and is taken to a medical center, doctors will take in as much as possible, as promptly as possible, concerning the patient’s symptoms and how the injury took place. The state the patient's brain is in will be swiftly examined to identify the intensity of the injury. Physicians will utilize the Glasgow Coma Scale to grade the patient's level of awareness; this scale ranges from 1-15. Physicians evaluate the person's capacity to 1) open their eyes, 2) respond properly to concerns like "What is your name? What is your birthdate? What is the date today?" and 3) comply with commands like "Hold up three fingers or give a thumbs up." If a patient is completely unconscious or is not able to follow the commands that were provided, their response to painful stimulation will be checked. After this, a number will be taken from each category and be added together to obtain the overall GSC score.

In order to comprehend what part of the brain the injury impacted, diagnostic imaging tests will be taken. There are three different types of imaging scans that can be taken:

  • Computed Tomography (CT) is an X-ray that is noninvasive, that provides detailed images of the anatomical structures of the brain. A CT scan is typically taken when the injury happens to quickly identify fractures, any bleeding that has taken place in the brain, blood clots (hematomas), and the overall severity of the injury. CT scans will continue to be used throughout the recovery of a patient to determine the progress of the injury and help make decisions on the patient’s care. 
  • Magnetic Resonance Imaging (MRI) is another noninvasive test that uses a magnetic field and radiofrequency wave to give detailed images of the soft tissues of the brain. Sometimes a contrast agent (dye) will be injected into the bloodstream of the patient to help detect minute changes in the brain that a CT scan cannot show.
  • Magnetic Resonance Spectroscopy (MRS) gives information about the metabolism of a brain. The numbers generated from this type of scan will give a general prognosis about how well the patient will be able to recover from the injury. 

Can a TBI Be Prevented or Avoided?

Although accidents occur often, and they are just that, accidents, there are a few things that you can do to lower your risk of suffering a TBI. You should:

  • Don’t drive under the influence of drugs or alcohol
  • Avoid dangerous sports and activities
  • Always wear a seatbelt in the car
  • Make sure to wear a helmet when engaging in sports and activities such as skiing/snowboarding, horse riding, biking, and skating
  • Make living areas for seniors safe
  • Use child car seats the way they are intended to be used and always buckle your young child into a car seat before driving

What Treatments Are Available for TBIs?

Traumatic brain injuries are a very serious situation and probably require immediate attention. As specified above, treatment will depend on the type, location, and severity of the injury.

If you have experienced a mild traumatic brain injury, treatment will more than likely include lots of rest. Medication may also be needed in order to alleviate the headache related to the injury. This medication can simply be over-the-counter pain medicine.

If you have a moderate to severe injury, treatment will most likely call for intensive care at a hospital. Bleeding and swelling in the brain usually become an emergency that requires surgery. Nonetheless, there are times when a patient will not have to get surgery and can be safely monitored by a physician in the ICU. A lot of time, medical professionals will start by stabilizing the patient's injury. This will include getting oxygen to your body and brain, maintaining your blood pressure, as well as managing your blood pressure. These preventative measures are taken to help protect against any kind of additional damages. The goal of treatment is always to resuscitate and support the critically ill patient, reduce secondary brain injuries and difficulties, and assist the patient’s transition to a recovery setting (such as rehab).

If an individual's injury was severe, it is possible that treatment will consist of many monitors, such as brain oxygen and intracranial pressure monitors, ventilators, feeding tubes, and seizure and EFG monitoring. Medication will most likely be provided too to help with controlling intracranial pressure, pain, sedation, and also preventing seizures and infection.

If surgery is needed, it is usually to repair skull fractures, repair any bleeding vessels, remove big hematomas, or relieve incredibly high intracranial pressure. Surgical treatments can consist of:

  • Craniotomy: cuts a hole in the skull in order to remove a bone flap so that the surgeon can access the brain. The surgeon then repairs the damage, and the bone flap is replaced to its normal position and secured back to the skull with plates and screws.
  • Decompressive craniectomy: Removes a large section of bone so the brain can swell and expand. This is usually performed when very high intracranial pressure builds up and becomes life-threatening. This helps leave room for the brain to swell more, and a special biological tissue is placed on top of the brain that is exposed, and then the skin is closed. The bone flap is stored in a freezer, and one to three months after the swelling has stopped and the patient is stable, the bone flap is replaced, called a cranioplasty.  

Other surgeries that can be done to help aid in the patient’s recovery include:

  • Tracheotomy: Makes a small incision in the neck so a breathing tube can be inserted directly into the windpipe. A ventilator is then inserted into this new location, and the tube that was in the mouth is removed (these tubes are used to help a patient breathe).
  • Percutaneous Endoscopic Gastronomy Tube (PEG): a feeding tube inserted directly into the stomach. When a patient has a breathing tube, they cannot eat, so this is to help them get the nutrients they need while recovering. 

What Should I Do If I’ve Suffered a TBI?

If you believe you have suffered a traumatic brain injury and it resulted because of the negligence of another person, you are going to want to file a lawsuit. Even if you are currently negotiating with an insurance company, in the midst of making a workers' compensation claim, or getting various other advantages, the first thing you need to do is seek advice from a legal professional that specializes in brain injuries. Brain injury lawsuits are extremely complex, both medically and legally, so it is important to consult an experienced and qualified attorney.

Understanding the legal concept on which your lawsuit will be based is important because what you will need to show in order to win your case is determined on this. It will likewise help you gather all of the proof that you will need for your case.

Many brain injury cases are built on negligence, which specifies that someone (typically a physician in a brain injury case but could be another person) acted wrongfully and was the reason for your injury. In order to have a basis for a negligence insurance claim, the client (complainant) must be able to verify that the party they are suing (the accused) is lawfully responsible for their injury.

Verifying that a brain injury occurred and connecting that injury to the accused's behavior can be extremely helpful in a legal suit. Traumatic brain injuries are usually more complicated and harder to identify than any other type of personal injury. This results from the immense amount of evidence that needs to be gathered in relation to the nature of the brain injury and the accident. The more information you have on these two things, the easier it will be to prove your negligence claim.

When preparing your case, the lawyer of your choice will ask several questions about how your brain injury occurred. They will likely ask you to remember what you can of the accident, such as how it took place, where you were as well as who you were with, what you were doing at the time of the accident, and also the medical treatment that you received after the injury occurred. As memory loss is common with brain injury patients, it is alright if you cannot recall certain details about your accident. The important thing is just to be honest with your lawyer and assist in putting together as much information as you can from other sources such as witnesses, police reports, and even news articles.

Although a traumatic brain injury case can appear daunting, particularly in the time of memory loss and various other pain and sufferings, the right experienced attorney will help navigate you through the complicated legal process to the very best of their ability. Contact an experienced personal injury attorney about your traumatic brain injury today.

Why Choose The Cochran Firm

Johnnie Cochran had long dreamed of creating a national law firm of men and women from all races, religions, creeds, and backgrounds to show how well we could all work together to make the world a better place. When Mr. Cochran started The Cochran Firm, his mission was “a journey to justice.” Today, with more than 35 offices across more than 20 states, the attorneys at The Cochran Firm work every day to fulfill that dream and continue that mission by working for our clients with the same work ethic and dedication to justice exemplified by Mr. Johnnie Cochran himself.

The Cochran Firm is a diverse group of highly skilled and experienced lawyers that are dedicated to bringing high-quality representation to injured people and their families. Our experienced attorneys at The Cochran Firm are among the nation’s most recognized and successful attorneys in the country. When navigating through the legal process, you deserve to have an experienced attorney by your side. Our attorneys at The Cochran Firm know how to fight for you.

Here at The Cochran Firm, our personal injury attorneys are ready to help victims who have suffered from a terrible brain injury receive the maximum compensation and financial recovery for all of their pain and suffering. Our attorneys work closely with each of our clients using pooled resources and their access to legal expertise to ensure the most effective legal representation available is provided. Our experienced TBI attorneys have the resources to hire the top neuroradiologists, neuropsychologists, and neurologists who are trained in diagnosing and treating traumatic brain injuries. Understanding traumatic brain injury medicine is crucial to effectively explain it to the jury. 

You need the help of an experienced attorney who has proven successful results in other similar cases to guide you through the process and help you to receive the monetary damages you are entitled to under the law. The Cochran Firm’s results have been well documented and demonstrated both in the courtroom and at settlement conferences. At The Cochran Firm, we have the offices, the experience, the results, and the resources to aid clients throughout the United States.

If you’re looking for an experienced lawyer to help you pursue justice for your traumatic brain injury case, please contact our personal injury attorneys at The Cochran Firm today for your free, no-obligation initial consultation today. We serve the entire country with offices in many major U.S. cities.

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