By Lesley Ranft

Brain Injury, also known as traumatic brain injury, open or closed head injury, can be apparent in presentation or be masked by the cognitive impairments that the injured party suffers from.

Brain injuries have been found to be problematic in many ways. As Allen Griffel, Attorney at Law of Griffel and Dorshow, Minnetonka MN, explains, “Brain injuries, regardless of the degree of severity, can profoundly affect the daily lifestyle of victims. Weather caused by an underlying negligence or product liability, the evaluation to determine the extent of the brain injury requires an interdisciplinary approach to healthcare, involving at minimum internal medicine, neurology, and neuropsychiatry.”

 

The Statistics

• 34% of all injury related deaths in the U.S. are the result of traumatic brain injury -1-
• Over 1.5 million victims each year do not require hospitalization; close 1.5 million lose consciousness but do not result in long term care. -1-2-
• 300,000 each year require hospitalization, 99,000 result in a permanent disability -2-
• 56,000 each year die. -2-
• Over $151,000 is the average medical and non-medical costs, rehab costs total over $196,460, but brain injury victims who do not survive spend an average of $454,717. -3-,-4-^-

 

Brain Injury Attorneys: Part of the Treatment Plan?

Brain injury lawyers often become part of the healthcare team because individuals suffering traumatic brain injury are often not qualified to provide information about the extent of their injuries to their medical providers and other interested parties. In some cases, victims may lose their home and job before uncovering the association between these losses and the brain injury. As Mike Bomberger, Attorney at Law, founder of Estey & Bomberger, LLP, San Diego CA, explains, “Of all closed head injury victims I see in my firm, approximately fifty percent are not aware they have a closed head injury due to the cognitive impairment that has resulted from the injury. In addition, these individuals may be candidates for financial recovery, but are not aware of the standards applicable in litigation to justify compensation.”

Access to care is another issue that faces brain injury victims. It is one concern not to have the ability to recognize or communicate impairments accurately because of cognitive dysfunction. It is another to not speak the English language. Currently, cognitive tests are written in English, preventing non-English speaking or limited speaking victims from participating in the tests.

Brain Injury Cause and Effect

The cause of a brain injury may be one of many possibilities, including: auto accidents, physical abuse, sports related injuries, fire arms, or brain injury due to drugs, medical malpractice, or products. Of all brain injured victims, approximately 49% due to motor vehicle accidents, 20% are physical or sports related, 9% are comprised of assaults, the balance misc. -2- Brain injury effects can be broad and wide.

 

Brain Injury Effects

Battle’s sign: Skull fracture often involving nerves, brain stem, blood vessels and the meninges which may be undetectable by X Ray. Symptoms worsen up to several weeks post injury and can be fatal, if left untreated. 

Closed Head Injuries: Closed Head Injuries are one of the most challenging brain injuries to uncover. Closed head injuries involve a blow to the head, but no break in the skull. However, the resulting impairments can be significant.

Cerebromedullospinal Disconnection (Locked-In Syndrome): Locked-In syndrome describes paralysis of select muscles in the body, but does not affect consciousness. For example, victims may not be able to talk, but may be able to blink their eyes.

Concussion: Concussion is the most common form of head injury. This may result in temporary loss of consciousness, accompanied by amnesia equating to minutes preceding the accident and thereafter.

Contussion: Contussions refer to bleeding or bruising in the brain.

Coup or Contrecoup Head Injuries: Coup injuries occur on a focal point of the brain when it is jolted against the skull by an object. Contrecoup involves the impact of the opposite side of the brain when the impacted side of the skull jolts the brain from side to side while the head is moving in motion.

Diffused Axonal Injury (DAI): Diffused Axonal Injuries may present in mild or extensive ways. Many victims suffer from a temporary or permanent comatose state.

Open (Penetrating) Brain Injuries: Open head injuries are defined by a force to the head that results in penetrating the skull.

 

Brain Injury Disabilities

Of course, this information cannot replace the advice of a doctor, but when it comes to head injuries, both caregivers and the injured party must be involved in the evaluation. Brain injury attorneys can also help. As Allen Griffel adds, “Attorneys must do as good doctors do.” The impairments may be slight or severe, but cannot be ignored, including, but not limited to:

• Disorientation and drowsiness
• Memory loss, short and/or long term
• Difficulty speaking, seeing, hearing, walking, or understanding
• Changes in personality or behavior
• Inability to perform normal tasks at home or on the job
• Depression
• Limited mobility
• Seizures
• Stroke
• Coma
• Death

Life Skill Impairments

Weather a brain injured victim is hospitalized, requires assisted living, or is at home with or without a caregiver; life skills must be evaluated to determine the impact on employment and daily living. Brain injury attorneys may work with neuropsychiatrists who can help evaluate cognitive functioning and develop short and long term treatment plans. A comprehensive plan may include vocational rehabilitation, pain management, and cognitive retraining.

Financial Loss and Recovery

Financial compensation for brain injuries is determined through extensive evaluation. Brain Injury attorneys can assist with evaluating your losses and obtaining recovery for many types of possible expenses, including: 1) anticipated and current medical expenses, 2) pain and suffering, 3) lost earnings from disability date to settlement date, 4) future lost earnings, 5) losses relating to marriage and 6) property damage.

Brain injury attorneys provide free consultations to discuss the process for evaluation and the benefits associated with litigation. Contact a brain injury attorney today to discuss your concerns.

 

-1-Centers for Disease Control and Prevention (1997) Traumatic Brain Injury—Colorado, Missouri, Oklahoma, and Utah, 1990-1993. MMWR Morbidity and Mortality Weekly Report, Jan. 10; 46(1): 8-11.

-2-Kraus, J. F, and MacArthur, D. L. (1996) Epidemiologic Aspects of Brain Injury. Neurologic Clinics, 14(2): 435-450.

-3-Lewin-ICF (1992) The Cost of Disorders of the Brain, Washington DC: The National Foundation for Brain Research. [Updated figures based on $44 billion in 1988 dollars as estimated by: W. Max, E.J. MacKenzie & D. P. Rice (1991), Head Injuries: Cost and Consequences. Journal of Head Trauma Rehabilitation, 6: 76-91]

^--4-Brooks, A., Lindstrom, J., McCray, J. et al (1995) Cost of Medical Care for a Population-Based Sample of Persons Surviving Traumatic Brain Injury. Journal of Head Trauma Rehabilitation, 10(4): 1-13.

Tags: Brain Injury, brain injury lawyer, closed head injury

This entry was posted on Monday, May 25th, 2009 at 10:35 am and is filed under Auto Accident Lawsuit, Birth Injury Lawsuit, Brain Injury, Consumer Awareness, Epilepsy, Lawbits, Personal Injury Lawsuit, Product Liability Lawsuit. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.