Traumatic Brain Injury Lawyer | TBI Lawsuit
Legal Representation for Traumatic Brain Injury (TBI) Victims
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Traumatic brain injury (TBI) is a serious, debilitating, and deadly injury resulting from trauma to the head.
Statistics show that 146,000 Texans suffer a traumatic brain injury (TBI) every year (one every four minutes). TBIs are the leading cause of death and disability in people under the age of 45. There are many causes for TBI, ranging from motor vehicle accidents to workplace accidents. Roughly half a million Texans are currently living with a disability caused by TBI.
At The Carlson Law Firm, we provide skilled legal representation on behalf of individuals who have suffered a serious brain injury. Brain injury victims typically face life-changing repercussions and our firm is committed to doing everything we can to help our clients move forward as favorably as possible. As a nationally respected brain injury law firm you can be confident that our attorneys are qualified to take on even the most complex cases.
Every year, approximately two million people sustain a head injury in the United States. Most of these injuries are minor because the skull provides the brain with protection. However, over half a million head injuries each year require hospitalization. Injuries to the head are so common that almost everyone will sustain some form of trauma to the head in their lifetime.
What Is A Brain Injury?
A head injury, also known as a head trauma, or concussion, is any trauma to the head that leads to injury of the scalp, skull or brain. Head injury can be classified as either closed or penetrating. Closed head injuries occur when the head sustains a blunt force trauma by striking against an object. A penetrating head injury occurs when a high-velocity object breaks through the skull and enters the brain.
We handle brain and spinal cord injury cases of all kinds, including:
- Closed head injuries resulting in memory loss or physical or mental impairment
- Traumatic brain injury (TBI) resulting in cognitive deficits, physical disability, coma or persistent vegetative state (PVS)
- Brain damage resulting in changes in behavior, depression and anxiety
- Spinal cord injury resulting in paralysis, paraplegia and quadriplegia
- Spinal cord impingement or other nerve damage
- Chronic pain (RSD or CRPS) resulting from a back or spine injury
- Bulging, slipped or herniated disc with damage to the nerves of the spinal cord
- Degenerative disc disease
- Fractured spine or broken back
What are the Symptoms of Traumatic Brain Injury (TBI)?
Physical Symptoms of a traumatic brain injury (TBI)
- Blurred vision
- Loss of vision
Cognitive symptoms of a traumatic brain injury (TBI)
- Short-term memory loss
- Poor Concentration
Emotional symptoms of a traumatic brain injury (TBI)
- Personality changes in general
- Changes in appetite
What are the Most Common Causes of Traumatic Brain Injuries?
Falls are the most common cause of traumatic brain injuries. Falls account for nearly 50 percent of all TBI related hospitalization and deaths in the United States. The second leading cause is being struck by or against an object. And motor vehicle crashes are the third most common cause of traumatic brain injury-related hospital visits and deaths. A brain injury lawyer from our firm can handle lawsuits regarding the following types of accidents:
Car, Truck and Motorcycle Accidents: In brain injury lawsuits involving motor vehicle accidents, the defendant is commonly a driver who failed to operate his or her vehicle responsibly. In fact, motor vehicle crashes were the leading cause of traumatic brain injury-related hospitalizations for people aged 15 to 44 years old, according to the Centers for Disease Control.
Medical Malpractice/Birth Injury: Medical malpractice occurs when a doctor, hospital or other healthcare provider deviates from the standard of care expected in the medical community, resulting in injury to the patient.
On The Job Accidents: When a worker suffers a brain injury on the job, they may be able to recover compensation through workers’ compensation benefits.
Nursing home falls: Traumatic brain injuries are the most common cause of death in person over the age of 75. Additionally, falls are the leading cause of death for those 65 and older.
Four Types of Brain Injuries
1. Anoxic Brain Injury:
Anoxic brain damage is an injury to the brain due to a lack of oxygen. Hypoxia is the term to describe low oxygen. Brain cells without enough oxygen will begin to die after about 4 minutes.. Because oxygen is such a vital element for our bodies, being deprived of it for even a short amount of time can cause severe damage, such as loss of speech, vision problems, memory loss, and irritability. The effects of hypoxic or anoxic brain injury, where the brain is starved of oxygen, can range from mild, short-term symptoms such as dizziness or concentration problems, through to severe, long-term issues including vision, speech, and memory.
A contusion is a localized injury, comparable to the bruises you get when you hit your shin. And just like other bruises, contusions range from relatively minor to life-threatening. Because the blood must clot to stop the bleeding a bruise results from, contusions also increase cardiovascular risks.
A concussion is a wider-reaching injury due to broad-scale brain trauma. It’s analogous to a sprain or broken bone in that it is not microscopic and affects more regions of the brain. Concussions are usually caused by a blow to the head. Violently shaking the head and upper body also can cause concussions. Some concussions cause you to lose consciousness, but most do not. It’s possible to have a concussion and not realize it. Concussions are particularly common if you play a contact sport, such as football. Most people usually recover fully after a concussion.
Infections can occur in our brains like in other parts of the body. An infection in the brains is called a cerebral infection. An infection causes the brain to swell, which creates pressure. Many sudden onset and chronic infections can lead to brain damage.
What Causes Brain Injuries in Children?
Children present a special concern when it comes to head injuries because they are prone to falling, are unaware of many of the everyday dangers around them and are dependent on others to care for them. They are also exposed to brain injury at birth because of medical mistakes that can deprive them of oxygen. The result may be cerebral palsy and other types of brain injuries. A brain injury lawyer can help victims prove negligence for the following types of child brain injuries:
Jaundice in Newborns
Newborns are susceptible to brain damage from jaundice, a condition in which the concentration of bilirubin (yellow coloring) builds up in the blood. Although approximately 60% of newborns develop some level of jaundice soon after birth, most will recover with time and easily administered therapies. In a certain number of babies, however, the levels of bilirubin will be allowed to get too high, leading to a type of brain damage called Kernicterus, which can cause cerebral palsy, mental retardation, hearing problems and vision troubles.
Exposure to Toxins in Children
Children, like adults, are subject to brain damage from toxic substances, but because their bodies are smaller and their brains are still developing, they are susceptible to smaller amounts of toxins. Babies and very young children explore the world with their mouths, so they are particularly prone to ingesting things that older children and adults would never eat or drink. For example, nearly 1 percent of children between the ages of one and five currently have blood lead levels in excess of safe amounts, often because they put items and substances contaminated with lead-based paint into their mouths.
Traumatic Brain Injury (TBI) in Children
Young children are also particularly prone to traumatic brain injuries because they have under-developed motor skills and are less cautious than adults. Children with a head injury might have the same symptoms as adults, but because they are often less verbal and self-aware, they might be unable to recognize and communicate symptoms. A head injury combined with signs of brain damage, such as losing interest in favorite toys, becoming uncharacteristically violent or losing the ability to do recently learned skills, such as walking or using the toilet should alert parents to seek a medical evaluation.
How do you Prevent a Traumatic Brain Injury?
Preventing a traumatic brain injury includes simple steps, such as:
- NEVER drive under the influence of alcohol or drugs
- Using an appropriate car or booster seats for children
- Wearing a seatbelt any time you are in a car
- Wearing a helmet when on any open unrestrained vehicle
- Always wear a helmet during contact sports, or activities like skiing, snowboard, skating and skateboarding
It is imperative that when you are in a car that you take the necessary safety precautions to avoid injuries. Car accidents are It is important to take the steps to avoid a traumatic brain injury. There is no treatment for a TBI and sufferers can live with lifelong difficulties and a lower quality of life. If you or a loved one are living with the outcome of another person’s negligence, contact The Carlson Law Firm to speak with a brain injury lawyer.
Treatment for Traumatic Brain Injury (TBI)
Victims suffering from a brain injury should begin treatment as early as possible when cognitive and communication problems arise from a brain injury. A therapist will work with the brain injury victim to help them focus on improving their orientation to the surrounding situation and to stimulate speech and understanding. Oral motor exercises are used when there are speech and swallowing problems. Long-term rehab can be assessed by the individual’s injuries and needs. For those who suffer from traumatic brain injuries specifically, treatment from speech-language pathologists, physical therapists, occupational therapists, and neuropsychologists is necessary.
Rehab will help a traumatic brain injury victim reach the highest level of independent functioning that they can, depending on the seriousness of the accident. Therapy works on restoring lost skills. Some people lose abilities after a traumatic brain injury and will have to learn to compensate for them. The most difficult part of traumatic brain injury is receiving the proper treatment. If a head injury does not result in hospitalization and the injury is a closed head injury, failure to diagnose a problem during an office visit may result.
A brain injury lawyer from The Carlson Law Firm can help you with your recovery. Our firm takes your medical treatment seriously. We can ensure that you get the treatment you need for a full recovery from your injuries.
Elements of a Brain Injury Lawsuit
To file a lawsuit, the brain injury victim must have suffered trauma as a result of another’s negligence. In a negligence claim, a brain injury lawyer representing the injured party needs to prove the following:
Duty of Care: This refers to a legal obligation that requires an individual to exercise a reasonable level of care so as to prevent harm to others. For instance, a doctor has a duty to perform up to the standard of care established by the medical community.
Breach of Duty: An individual or entity may be considered negligent if they breach their duty of care. For example, if a doctor performs an operation in a manner considered unacceptable by the medical community’s standards, they may have breached their professional duty.
Causation: The defendant’s negligence must have been directly responsible for the injury or damage that occurred.
Damages: For a victim to file a claim, the injury needs to have caused either economic or non-economic damages.
If you or someone you love have suffered any form of brain injury, don’t hesitate to contact a skilled brain injury lawyer as soon as possible.
How A Brain Injury Lawyer Carlson Law Firm Can Help Traumatic Brain Injury Victims
We offer honest answers and dedicated advocacy for victims of brain and spinal cord injuries and their families throughout the region and statewide. The Carlson Law Firm can help you seek the care of medical specialists and rehabilitation therapists who can provide excellent care. We will fight to obtain the maximum compensation for the cost of vocational rehabilitation, speech therapy, physical rehabilitation and the impact on your life and your family’s future.
Don’t let another day pass without an experienced and passionate brain injury lawyer on your side to fight for quality care and long-term recovery. Contact our personal injury lawyers to schedule a free consultation with brain injury lawyer or to set up an appointment at any of our locations.
We serve injured clients statewide. No appointment is required during normal business hours, and bilingual staff members are available to assist our Spanish-speaking clients. Hablamos tu idioma.