Your Legal Options Following a Traumatic Brain Injury
On average, it costs the US health care system $9-$10 billion each year to care for new TBI cases. For the injured victims, care can cost more than $1 million during their lifetimes.
January 28, 2010 /24-7PressRelease/ -- Your Legal Options Following a Traumatic Brain Injury
Each year, more than 1.4 million people suffer some type of traumatic brain injury (TBIs). These injuries range from the very severe--requiring life-long care and treatment-- to the less severe, requiring only a few weeks for recovery. Even though the majority of people who have a TBI have less severe cases, every type of brain injury can have long-term consequences for those suffering from the injury and the families that care for them.
What is a traumatic brain injury?
The Centers for Disease Control (CDC) define traumatic brain injury as an injury caused by a "blow or jolt to the head or penetrating head injury that disrupts the normal function of the brain." Brain injuries can be open or closed; a person need not have an open gash or wound in his or her head or lose consciousness to have a TBI. A person may appear completely normal with no outward signs of injury and still have a brain injury.
Less severe brain injuries, like concussions, often are referred to as "mild traumatic brain injuries" or MTBI. This name can be misleading, however. Even a concussion can result in long-term health problems for an individual, including persistent headaches, mood swings and impaired concentration. Mild brain injuries can also result in death. In some cases, for example, a blood clot may form on the brain as a result of the MTBI. If the blood clot is not discovered and treated quickly enough, it may cause permanent damage to the brain and/or death.
What are the most common causes of TBIs?
Some of the most common causes of TBI are falls and motor vehicle accidents. Young children ages 0-4 and elderly persons over the age of 75 are the most common groups to suffer a TBI after a fall.
TBI can occur after an individual has been in a high-impact or low-impact automobile accident. In high-impact accidents, a person is more likely to suffer a severe traumatic brain injury because of the speed the vehicles were traveling prior to the crash. In low-impact accidents, an individual is more likely to receive a mild traumatic brain injury as the result of whiplash. Whiplash can cause the brain to impact the front, back and/or sides of the skull, resulting in varying degrees of injury to the brain.
Children and young adults often sustain TBI as a result of participation in sports and other recreational activities, like mountain biking or snowboarding. TBI also can be caused by assaults or when infants are shaken too hard.
Repeated head injuries also may lead to an individual developing a TBI. For example, if a person has Alzheimer's disease or dementia falls frequently, the repetitive head trauma may lead to a TBI. Additionally, those who play football or other contact sports and receive repeated concussions are at a greater risk of developing a TBI.
What are the symptoms?
The symptoms of a TBI can make it difficult to distinguish from other medical conditions, like depression. Some of the most common symptoms include:
-Confusion, mental fogginess
-Difficulty walking
-Concentration, memory problems
-Headaches, neck pains
-Nausea, vomiting
-Slurred speech
-Vision and hearing problems
-Loss of sense of smell and/or taste
-Difficulty sleeping
-Lethargy
-Mood, personality changes
-Changes in appetite
-Depression
Depending on the type of trauma to the brain and the areas affected, the symptoms of a TBI may develop days or even weeks after the initial trauma. For example, a person who was involved in a low-speed fender-bender may not begin to develop symptoms of a mild TBI until several days after the accident.
What treatments are available for TBI?
Since it can be difficult to tell by visual inspection alone whether an individual has suffered a traumatic brain injury, it is important that anyone who has suffered a fall, been in a car accident or otherwise hit their head seek out medical attention as soon as possible after the initial injury occurs. When necessary, emergency room physicians can order tests, including CT Scans, which can help diagnose brain injuries.
The types of treatments available for those with TBI vary depending on the severity of the injury, among other factors. The injured person's physician and other specialists will work together to create a treatment plan tailored specifically to the person's injury. Treatments may include:
-Initial treatment in the hospital's intensive care unit (ICU)
-Inpatient acute rehabilitation
-Speech therapy
-Occupational therapy
-Physical therapy
-Cognitive rehabilitation
-Independent living in a care facility
-Long-term care in a nursing home facility
-Home health care and therapy
In some cases, TBI patients may also require surgery to relieve swelling on the brain. TBI patients may have to take certain medications either long-term or short-term for treatment of pain, headaches, sleep disorders, depression, seizures, anxiety and other conditions.
The Lasting Impacts of a Traumatic Brain Injury
The financial burden of providing long-term care to a TBI victim can be overwhelming, even for those with good health insurance coverage. According to the National Institute of Health, the average lifetime care costs for those with severe TBIs ranges from $600,000 to $1,875,000. Acute rehabilitation alone may cost an average of $1000 per day.
The financial costs, however, do not compare to the personal costs, both for the individual with the injury and his or her loved ones. Those who suffer from traumatic brain injuries may never be the same again. They may experience significant personality changes, including depression and bouts of rage. They may not be able to care for themselves or perform daily activities without help. These changes can be difficult for family members who want to help, but do not know how. It can be equally frustrating for those with the injury who just want to be themselves again.
Contact an Experienced Attorney Today
When a TBI is caused by an accident, a TBI survivor may need to consider legal options rather than shoulder the financial burden of caring for his or her injury alone. Whether their injury was caused by a motor vehicle accident, a fall at a nursing home or due to another person's negligent acts, an attorney can help. Some of the compensation that may be available includes:
-Current and future medical and treatment expenses
-Lost wages and other out-of-pocket expenses
-Pain and suffering
For more information on TBI victims' legal options, contact an experienced attorney today.
Article provided by Clark, Perdue & List Co, L.P.A.
Visit us at www.clarkperdue.com
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