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Brain Injury Lawsuit

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Traumatic brain injury (commonly known as TBI), which results in an impairment of cognitive abilities or physical functioning, is a brain injury caused by an external physical force. Brain trauma may produce a diminished or altered state of consciousness and it can also result in the disturbance of behavioral or emotional functioning. Closed brain injury occurs when a person receives an impact to the head from an outside force, but the skull does not fracture or displace. Both types of brain injuries may be either temporary or permanent and cause partial or total functional disability or psychosocial maladjustment.


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Brain Injury

Traumatic brain injury, sometimes referred to as TBI or brain trauma, is a sudden physical damage to the brain. It does not apply to brain injuries that are hereditary, congenital or degenerative, or brain injuries induced by birth trauma, toxic substances, or disease-producing organisms. The American Congress of Rehabilitation Medicine stated that the injury is manifested by one or more of the following:
  • loss of consciousness;
  • memory loss for events immediately before or after the accident;
  • alteration in mental state at the time of the accident (e.g., feeling dazed, disoriented, or confused);
  • focal neurological deficit(s) that may or may not be transient but where the severity of the injury does not exceed the following:
    • loss of consciousness of approximately 30 minutes or less;
    • after 30 minutes, an initial Glasgow Coma Scale (GCS) of 13-15; and
    • posttraumatic amnesia (PTA) not greater than 24 hours.
The Centers for Disease Control and Prevention estimates that in the United States, there are currently 5.3 million individuals suffering from a traumatic brain injury that will have life-long effects.

Traumatic Brain Injury

Most traumatic brain injuries are a result of falls, followed by motor vehicle accidents and Struck by/against events (i.e., an event where the victim's head was forcefully struck by or against an object). Many of the latter result in mild traumatic brain injuries (MTBIs) and are often sports or recreation-related. For example, a football concussion or football head injury could be an MTBI; however, repeated sports injury to the head—or a more severe hit to the head—can lead to a more serious traumatic brain injury.

Traumatic Brain Injury can be caused by shaking (as in Shaken Baby Syndrome), a direct blow to the head (concussion), or impact from a bullet, knife or other sharp object that forces hair, skin, bone and fragments from the object into the brain (penetration injury).

Closed Head Brain Injury

When a person receives an impact to the head from an outside force, but the skull does not fracture or displace this condition is termed a "closed head injury". The brain swells but has no place to expand, thus causing increased pressure within the skull which can force brain tissues to compress, causing further injury.

brain injuryWhen a person suffers severe physical injuries, the focus is often on the visible injuries. Closed head injury to the brain is one of the most overlooked and sinister outcomes of traumatic injuries. Broken bones and cuts are more visible and can heal, but the unseen injury of a bruised brain may never fully recover.

A brain injury may have a devastating effect on the victim's relationships, occupation, income and quality of life. Although he may look just fine physically, friends, family members, coworkers and employers may not understand or sympathize with an injury they cannot see.

A brain injury can affect the very essence of a person. Personality, memory, reason, and temperament may all be affected in debilitating ways by brain trauma.

Acquired Brain Injury

Acquired Brain Injury (ABI) occurs when there is an internal problem such as air deprivation or a medical condition that causes neurological damage to the brain. Like traumatic brain injury, the causes of ABI can be sports-related. For example, defective SCUBA equipment can lead to oxygen deprivation; or, while not frequent, an avalanche during ski season can lead to asphyxiation. In both instances, there may be negligence involved that ultimately led to the brain injury. The symptoms and effects of an ABI are often the same as those of a TBI. Some common causes of an ABI are:
  • Near-drowning
  • Seizure
  • Aneurysm
  • Epilepsy
  • Birth complications
  • Stroke
  • Suffocation

Brain Injury Lawyers

If you or a loved one has suffered a brain injury, you may qualify for damages or remedies that may be awarded in a possible brain injury lawsuit. Please click the link below to submit your brain injury complaint and a brain injury lawyer will evaluate your case at no cost or obligation.
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Posted by

I developed a closed injury in 1998, although I had swelling and 3 day with eyes open and completely peralised,went to neuro surgen said shed done all she could she released me with no further direction. I completely lost all memory before accident until 2014 and 2016 felt my sence of self againmy elementary school daughter was was all I had to rerember all motor skills and how to think and invent a new life. I continue to see mental health but do not have the ability to understand things for sometimes up to 2 yrs. since in 2014 (who ive gone to many times previous,) got upset when I started shaking and said I shouls have told them about said injury," how would I know they don't do theyre homework. they put me into surgery for arterial biopsy where I could have died long story short I still need help understanding and I tell them what I need and I was yelled at ignored and and called a lier.much more.same thing my medicare is not covering all alse my head still gets tight and I shake and seem to be going backwords.mri frustrating ,how many times will I be subjected and still not seeing a neurologist
thank you

Posted by

My daughter Holly is 26 years old. She still lives at home with me. I stayed at home while pregnant with her and stayed in bed from June to August 1990. I lost 3 babies before Holly. The doctors put me on a heart monitor I had at home that told me when I was going into labor. I had to go to the hospital 7 times before she was born. Each time I went they gave me a shot of Breatene to stop the labor. On 8/24/90 I went in at 4:30 am. That day they gave me several shots of Breatene to stop my labor. But at 7:45 before I left the hospital I went into labor. Holly came 7 wks. early. Ever since she was born she had trouble sleeping. She cried all the time. She had trouble eating. Holly has been to so many drs. specialist known to man. She has taken so many different drugs prescribed by drs. Now they say she is Schizophrenic. We have no one in our family like that. I blame it on the Breatene. Holly can't drive. She does date. She has no life like a normal 26 year old. It is really heartbreaking. Can you help us? Please call asap.

Posted by

I suffered TBI while on the job, I t has now been 3 years, and continue to have several issues ...question, I had legal counsel when meet w/insurance spokes person, and received a partial disability payment and that's it..ive had 2 surgerys since the injury and both where caused by the TBI. .anyway I just don't understand why I haven't even received disability!!I waz sole support er of family of six!!now struggling

Posted by

Work injury! Because it is a workman's comp injury, I am not getting the help I need. Doctors are skating around it, and I keep going back and forth to see my PCP! Eating up medicare money, and I am progressing and I'm scared to death! My injury brain injury, right side face, neck & mid back! I am now disabled.


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