The #1 St. Louis Traumatic Brain Injury Lawyer

Traumatic Brain Injury: Facts, Causes, Complications

Traumatic brain injury is a serious and often debilitating injury that occurs when there is a sudden impact or blow to the head, causing damage to brain tissue.

This type of injury can lead to short-term or long-term complications and disabilities, affecting cognitive, physical, and emotional functions.

Car accidents are one of the leading causes of traumatic brain injury.

The high speed and force involved in car crashes can cause passengers or drivers to hit their heads on hard surfaces within the vehicle, resulting in a TBI.

Depending on the severity of the injury, some TBI cases are treatable.

With mild traumatic brain injury, physicians often prescribe rest and over-the-counter pain medications.

Most or some symptoms often subside over time, and the injured individual is expected to fully recover.

With a severe traumatic brain injury, the damage to brain tissue can have lasting effects on an individual’s physical and cognitive abilities.

Victims may require lifelong medical care and assistance with daily tasks.

Are There Different Types of Traumatic Brain Injuries?

Traumatic brain injuries manifest in various forms, severity, and types, depending on the nature, area of the brain affected, and force of the impact.

Common forms of TBIs can include:

• Concussion: A concussion is the most common and mildest form of TBI. It occurs when a blow to the head or a sudden movement causes the brain to move rapidly back and forth within the skull, temporarily disrupting normal brain function.
• Contusion: A contusion is a bruise on the brain, often caused by a direct impact on the head. It involves bleeding and swelling within the brain tissue.
• Diffuse Axonal Injury (DAI): DAI occurs when the brain rapidly shifts inside the skull due to rotational forces or severe impact.
• Coup-Contrecoup Injury: This type of injury involves damage at the site of impact (coup) and on the opposite side of the brain (contrecoup) due to the brain moving within the skull.
• Second Impact Syndrome (SIS): SIS occurs when a person suffers a second concussion before the first one has fully healed, leading to rapid and severe brain swelling.

Understanding the different types of traumatic brain injuries is crucial for proper diagnosis, treatment, and management.

What Are the Common Causes of Traumatic Brain Injury?

Since a damaging blow to the head causes traumatic brain injuries, any events involving a severe impact can lead to TBI.

Events that can lead to a TBI include:

• Slips, Trips, Falls: These accidents are one of the leading causes of TBIs, particularly among the elderly and young children. Falls from beds, ladders, downstairs, in the bath, and other areas can result in serious brain injuries.
• Motor Vehicle Accidents: Car, motorcycle, and bicycle accidents are a major cause of TBIs, especially among young adults. These accidents often involve high-impact forces that can cause serious brain injuries.
• Sports Injuries: Contact sports like football, hockey, and boxing, as well as activities like skateboarding and snowboarding, can lead to TBIs. Concussions are a common type of brain injury in sports.
• Assaults: Violent assaults, including gunshot wounds, domestic violence, and child abuse (such as shaken baby syndrome), can result in TBIs.
• Explosive Blasts and Combat Injuries: Military personnel are at risk for TBIs from explosive blasts, which can cause significant brain damage even without a direct impact to the head.

Each cause can result in different types and severities of brain injuries, ranging from mild concussions to severe, life-threatening brain damage.

It’s essential to take preventive measures, such as wearing helmets, using seat belts, installing safety features in homes, and following safety protocols in sports and workplaces, to reduce the risk of TBIs.

Where Does a TBI Usually Occur?

TBIs often occur in high-traffic and high-risk areas.

Since fall accidents are the leading cause of traumatic brain injury, spaces like sidewalks, staircases, and parking lots can be hazardous.

Specific locations where TBI accidents usually occur include:

• Nursing Homes: Elderly individuals are at a higher risk of falls, which are the leading cause of TBIs. Nursing homes must ensure proper supervision, install safety features like handrails, and provide mobility aids to prevent falls.
• Daycare Centers: Young children are prone to accidents due to their developing motor skills and curiosity. Falls from playground equipment, tripping, or rough play can lead to TBIs. Daycare centers should have soft ground surfaces, supervise playtime closely, and ensure the environment is childproofed.
• Hospitals: Patients, especially those with mobility issues or recovering from surgery, are at risk of falling. Hospitals need to implement fall prevention protocols, such as using bed rails and non-slip mats and ensuring staff assistance when needed.
• Sports Areas: Athletes in contact sports (football, hockey, boxing) and high-risk activities (skateboarding, snowboarding) face a significant risk of TBIs. Sports areas should enforce the use of protective gear, follow concussion protocols, and educate athletes and coaches on the signs of brain injuries.
• Construction Sites: Workers are at risk of TBIs from falls, being struck by falling objects, or collisions with equipment. Construction sites should enforce strict safety regulations, provide helmets and other protective gear, and ensure proper equipment use and hazard recognition training.

What Are the Implications of Traumatic Brain Injuries?

Severe traumatic brain injuries can have profound and long-lasting effects on an individual’s physical, cognitive, emotional, and social well-being.

Implications of TBIs include:

• Loss of Motor Function: Issues such as weakness, paralysis, poor coordination, and balance problems can persist. Individuals may require ongoing physical therapy.
• Sensory Impairments: Problems with vision, hearing, touch, taste, and smell are common. Sensory processing issues can also occur.
• Memory Loss: Long-term and short-term memory can be affected, making it difficult to retain new information or recall past events.
• Attention and Concentration: Difficulties with maintaining focus and attention can hinder daily activities and work.
• Executive Function: Impairments in planning, organizing, problem-solving, and decision-making can occur, affecting independence and daily functioning.
• Language and Communication: Speech difficulties, problems understanding language, and challenges with reading and writing may arise.
• Mood Disorders: Depression, anxiety, and mood swings are common. These can result from the injury or the stress of coping with its effects.
• Personality Changes: Individuals may exhibit abrupt personality changes, becoming more irritable, aggressive, or impulsive.
• Independence and Daily Living: TBI patients may need assistance with basic tasks such as dressing, eating, and bathing.

Rehabilitation and support can help individuals with severe TBIs improve their quality of life.

Multidisciplinary approaches, including medical treatment, physical therapy, occupational therapy, speech therapy, psychological support, and social services, are also beneficial for addressing the complex needs of TBI survivors.

Traumatic Brain Injury Facts and Figures

According to the Centers for Disease Control and Prevention (CDC), 214,110 victims and patients were hospitalized because of TBI following a tragic accident in 2021.

In terms of fatality, this catastrophic injury claimed the lives of 69,473 in the same year.

This number equates to 190 TBI-related deaths every day.

In a different paper published by the Perelman School of Medicine from the University of Pennsylvania, experts estimate that about two million Americans sustain and suffer from a TBI each year, making this a silent epidemic.

The University publication also revealed that around 500,000 individuals who suffer from TBI develop long-term or permanent disabilities.

About 80,000 to 90,000 patients with TBI experience long-term challenges that hinder their ability to perform daily tasks.

The extent of damage and the effects of TBI depends on various factors, such as the severity of the injury, location of the brain damage, age, and overall health of the individual.

Despite the gravity of the situation, with proper prevention and care, many individuals can recover and lead fulfilling lives after a traumatic brain injury.

How St. Louis Traumatic Brain Injury Lawyers Can Help You

St. Louis traumatic brain injury lawyers specialize in providing legal expertise for individuals and families affected by traumatic brain injuries.

Their role is crucial in navigating the complex legal landscape to ensure victims receive fair compensation for their injuries.

If the traumatic brain injury caused severe or debilitating injuries, the victim may recover hefty compensation from the liable parties.

These parties are usually established commercial, construction, or healthcare corporations with negligent safety protocols.

Standing up against these companies takes an astute legal approach to succeed.

Assessing the Impact of the Injury

Lawyers collaborate with medical professionals to thoroughly review the victim’s medical records, including diagnostic tests, treatment plans, and prognosis.

If needed, they will also consult with neurologists, neuropsychologists, and other specialists to understand the full extent of the injury and its long-term implications on the victim’s health and well-being.

Experienced lawyers will also assess how the injury affects the victim’s daily activities, including work, education, and personal life.

These professionals will also evaluate changes in the victim’s quality of life, including emotional and psychological impacts, to paint a complete picture of the injury’s repercussions.

Calculating Necessary Compensation

A common problem in a traumatic brain injury case is the valuation of sustained damages.

Lawyers with extensive experience in handling these cases can help accurately estimate the economic and non-economic damages a victim can expect to receive.

Economic or tangible damages include:

• Emergency care, hospital stays, surgeries, and initial treatments.
• Long-term rehabilitation, therapy, medication, and future medical needs.
• Income lost during recovery.
• An estimated loss of earning potential due to long-term disability or inability to return to previous employment.

Ways non-economic damages are evaluated include:

• Calculating compensation for the physical pain endured as a result of the injury.
• Considering the psychological impact, including depression, anxiety, and changes in personality or behavior.

Negotiating With Insurance Companies

Negotiating with an insurance company is an annoying and lengthy process.

The insurance adjuster will always try to minimize the traumatic brain injury settlement a victim deserves to receive using manipulative negotiation tactics.

Hiring an experienced lawyer helps prevent this mistake.

An experienced lawyer will thoroughly document the case and prepare a robust claim to present to the insurance company.

They will also negotiate assertively to ensure the insurance company offers a fair settlement that covers all identified damages.

Disputes are likely to happen during and after negotiations.

A knowledgeable TBI lawyer will immediately address any claim denials or underpayments and might recommend mediation or arbitration to resolve disputes without going to court.

Taking the Case to Court

If the negotiation fails, a lawyer can help bring the case to trial for a formal traumatic brain injury litigation.

They will gather evidence, interview witnesses, and develop a compelling case to present in court.

Trial lawyers will represent the victim in court, arguing on their behalf and cross-examining witnesses to establish liability and secure compensation.

Experienced trial lawyers leverage their expertise in personal injury law and knowledge of legal systems to advocate effectively on behalf of the victim.

Expert trial attorneys utilize persuasive techniques to ensure the jury understands the full impact of the injury and awards appropriate damages.

Ensuring Fair Compensation

Ensuring just compensation is a challenge without the guidance of an honest and reputable lawyer.

Insurance adjusters prioritize the interests of insurance companies and care more about the numbers they will lose than providing fair compensation to the injured victim.

A TBI lawyer is the victim’s legal defense and will ensure all aspects of the injury and its consequences are accounted for in the compensation package.

From current to future financial needs, an experienced TBI trial lawyer will not leave any stone unturned.

High-Profile Cases Our Lawyers Have Handled

A prominent high-profile TBI case our law firm has handled was the Jovanovic v. The United States Olympic And Paralympic Committee case.

In 2022, we brought a wrongful death case to the U.S. Superior Court of New Jersey regarding the demise of Olympic bobsledder Pavle Jovanovic.

Jovanovic was a prominent Olympic bobsledder from 1997 to 2008.

Throughout his professional career, Jovanovic bagged nine gold medals, eight silver medals, and two bronze medals across numerous national and international bobsled competitions.

Despite the pride and recognition he brought to the sport and the country, the defendants in the lawsuit failed to provide adequate safeguards to protect Jovanovic from “sled head.”

Sled head is an infamous term used in bobsledding to describe brain injuries sustained from the g-forces of high-speed sleds.

Sports medicine professionals have described and researched this condition for decades, dating back to the 1960s.

Despite the abundance of knowledge regarding sled heads, the defendants in this case failed to establish protocols and precautions to protect their athletes from sustaining these injuries.

This failure eventually led to Jovanovic developing traumatic brain injuries, most notably chronic traumatic encephalopathy (CTE).

This lawsuit is only the tip of the iceberg.

Aside from Jovanovic, countless bobsled athletes have suffered similar fates due to the failure of sports organizations and governing bodies to implement proper safety measures.

TorHoerman Law: Talk to Our Attorneys Today

The comprehensive legal expertise provided by skilled TBI or personal injury lawyers ensures that every aspect of the injury’s impact is thoroughly assessed, from immediate medical costs to long-term care, lost wages, and pain and suffering.

By negotiating with insurance companies or, if necessary, taking the case to court, these professionals work tirelessly to secure the fair compensation that victims deserve.

During such a critical time, having a dedicated TBI lawyer by your side can make all the difference in achieving a just outcome and providing the financial stability needed for recovery and future planning.

If you or a loved one is suffering from a form of TBI, our team at TorHoerman Law can help you with the legal groundwork.

Book a free consultation with our reputable and experienced TBI lawyer today.

You can also use our chatbot for a quick and free case evaluation.