A traumatic brain injury is damage to the brain caused by an external physical force, such as a blow, bump, or jolt to the head. Not all hits to the head result in a TBI. But when a TBI does occur, it can range from a concussion to severe, life-altering damage. If you or a loved one has suffered a TBI due to someone else’s negligence, consulting a Dallas TBI lawyer can help protect your rights and pursue compensation for your injuries.
Symptoms of a TBI may include temporary confusion, headache, dizziness, blurred vision, ringing in the ears, mood changes, trouble with memory or concentration, and brief loss of consciousness.
More serious TBIs can cause longer losses of consciousness, persistent headaches, repeated vomiting, seizures, dilated pupils, slurred speech, loss of coordination, profound confusion, agitation, and coma. The effects can be long-lasting or even permanent.
Leading Causes of Traumatic Brain Injuries
Many different types of accidents and injuries can result in a TBI. Some of the most common include:
Falls
Falls are a top cause of TBIs. Slip and falls, falls from ladders or scaffolding on construction sites, falls from beds or other furniture, and falls on stairs often lead to serious head injuries, especially in young children and older adults.
Property owners have a duty to keep their premises reasonably safe. If a slippery substance, uneven flooring, poor lighting, or other hazard causes someone to fall and suffer a TBI, the property owner may be liable. A Dallas TBI lawyer can help hold negligent property owners accountable.
Traffic Accidents
Car, truck, and motorcycle accidents are another major cause of traumatic brain injury. Even if a vehicle occupant doesn’t hit their head on anything, the force of the crash can cause the brain to shake violently inside the skull, leading to bleeding, bruising, and tearing of nerve fibers.
Brain injuries are especially common in motorcycle crashes since riders lack the protection of an enclosed vehicle. Wearing a helmet reduces the risk of TBI but doesn’t eliminate it. If a negligent driver caused a wreck that left you with a TBI, a lawyer who focuses on brain injury cases can fight for the compensation you need and deserve.
Getting Hit By or Against an Object
The third leading cause of traumatic brain injury is getting struck by or against a foreign object. This can happen in many ways – from objects falling off store shelves to walking into an obstacle to getting hit by a foul ball at a baseball game.
Contact sports like football, hockey, soccer, and boxing also carry a high risk of TBI from blows to the head. A single hard hit can cause a concussion. Repeated “minor” hits over time can have a cumulative effect, leading to serious problems.
Many of these brain injuries result from negligence, whether it’s a coach putting a player with a concussion back into the game too soon, a school failing to ensure young athletes have proper safety gear, or a property owner neglecting to secure fixtures or remove hazards. If your child suffered a preventable sports-related TBI, consult a brain injury attorney about your legal options.
Violence and Assault
Tragically, violence is another top cause of traumatic brain injuries. Gunshot wounds, domestic violence, child abuse, and physical assaults can all lead to life-changing damage to the brain. Shaken baby syndrome is a form of abusive head trauma and a leading cause of child abuse deaths in the U.S.
While criminal charges punish perpetrators, they don’t address the extensive medical bills, life-long care needs, lost income, pain and suffering of TBI victims and their families. In addition to pursuing criminal cases, a TBI attorney can help victims file civil lawsuits against abusers and any other parties whose negligence contributed to the injury.
Explosive Blasts
Explosive blast TBIs have been called the “signature injury” of the wars in Iraq and Afghanistan. Shock waves from battlefield explosions can damage the brain even if the victim has no visible head wounds. Military personnel may also suffer brain injuries from penetrating wounds, severe blows to the head with shrapnel or debris, or being thrown to the ground by a blast.
Explosive blasts can also cause TBI in civilians exposed to fireworks, industrial accidents, terrorist attacks, and other explosions. If a defective product or negligent safety practices led to the explosion, a lawyer experienced in TBI cases can help victims recover compensation.
Why Seeking Medical Treatment is Necessary After Any Blow to the Head
All too often, people assume they’re fine after taking a hit to the head. They don’t want to seem weak or cause a fuss, so they try to shake it off. But with any potential brain injury, getting prompt medical care is essential – even if you feel okay.
Some TBI symptoms take time to appear. Just because you’re not knocked out doesn’t mean your brain hasn’t been damaged. Left untreated, even a “minor” injury can turn deadly if there’s bleeding or swelling inside the skull, putting pressure on the brain.
Seeing a doctor right away helps ensure a quick and accurate diagnosis. Early treatment gives you the best chance at a good recovery. It also provides essential documentation of the cause and extent of your injuries, which your TBI attorney will need for your case.
Key Takeaways
What Tests are Used to Diagnose Traumatic Brain Injury?
When a patient comes in with a suspected traumatic brain injury, doctors will first do a neurological exam to assess their motor and sensory function, coordination, vision, hearing, reflexes, balance, and cognitive skills. The Glasgow Coma Scale is often used to rate the patient’s level of consciousness and neurological functioning.
Depending on the results of the exam, brain imaging tests may be needed to detect fractures, bleeding, blood clots, bruising, and other damage:
- A CT scan uses a sequence of X-rays to create detailed cross-sectional images of the brain. It’s usually the first test done in an emergency room for a suspected TBI.
- Magnetic resonance imaging (MRI) uses powerful magnets and radio waves to create detailed images of the brain and may be used after the person’s condition stabilizes.
- Intracranial pressure (ICP) monitoring involves inserting a small catheter through the skull to measure the pressure inside the brain, which can increase dangerously after a severe TBI.
The road to recovery looks different for every TBI patient. Those with minor injuries may only need rest and over-the-counter pain relievers. More severe cases may require anti-seizure drugs, diuretics to reduce fluid in the brain, emergency surgery to repair skull fractures or relieve pressure on the brain, coma-inducing drugs, rehabilitation, and more.
What Are the Long-Term Impacts of a Traumatic Brain Injury?
Sadly, the consequences of a serious TBI often last a lifetime – long after the initial hospital stay. Damage to the brain can affect every aspect of a person’s life. Many TBI survivors are never able to work or live independently again.
Physically, a severe TBI can leave patients with headaches, seizures, fluid buildup in the brain, infections, blood vessel damage, vertigo, nerve damage, paralysis, and difficulties with bladder/bowel control and regulating body temperature. It can affect a person’s ability to see, hear, touch, taste, and smell.
Mentally, TBI patients may experience memory loss, difficulty processing information, trouble with comprehension, shortened attention span, impaired judgment, and lack of awareness of their own limitations. They may also have trouble communicating, both understanding others and expressing their own thoughts and feelings.
Emotionally, TBI survivors often struggle with mood swings, impulsivity, anxiety, depression, aggression, lack of empathy, and even a complete change in personality. Behaviorally, they may engage in risky and socially inappropriate conduct.
Any one of these issues on its own would be hard enough. Dealing with several at once, which is common with a traumatic brain injury, can feel impossible – and not just for the patient. Spouses, children, parents, and friends are also deeply affected. Some relationships don’t survive.
How Can a TBI Lawyer Help You Recover?
When someone else’s negligence causes an accident or attack that leaves you or a loved one with a life-changing TBI, you shouldn’t have to pay for the consequences on your own. The at-fault party needs to be held responsible. However, getting fair compensation isn’t easy. Insurance companies will fight hard to deny, delay, and underpay your claim.
That’s where an experienced TBI lawyer comes in. A good attorney will:
Gather Evidence to Prove Liability
A skilled Dallas TBI lawyer will thoroughly investigate your case to gather evidence proving the other party’s fault. This may include obtaining accident reports, photos or videos of the scene, witness statements, and testimony from experts in fields like accident reconstruction, product design, or premises safety. Building a strong foundation of liability evidence is key to the success of your claim.
Demonstrate the Extent of Your Injuries
To recover full compensation, you’ll need to show the true extent of your traumatic brain injury and how it impacts your life. Your personal injury attorney will collect your medical records and work closely with medical experts to clearly illustrate your prognosis and future care needs. This is essential for calculating your damages.
Calculate Your Total Lifetime Costs
The costs of a traumatic brain injury extend far beyond the initial medical bills. A knowledgeable TBI lawyer will consider how your injury will affect you financially over a lifetime, including ongoing medical and rehabilitation needs, lost income and earning capacity, pain and suffering, and more.
Handle Communications with Insurers
Insurance companies are not on your side. Their goal is to pay as little as possible on your claim. Your TBI attorney will handle all communication with the insurance adjusters so you can focus on your health and recovery. This includes aggressively negotiating for a fair settlement on your behalf.
Take Your Case to Trial if Needed
While most TBI cases settle out of court, sometimes the other side simply refuses to agree to a reasonable settlement. In that situation, you need a traumatic brain injury lawyer who is fully prepared to take your case to trial and fight for your rights in front of a judge and jury. Make sure your attorney has significant trial experience with TBI cases.
While no amount of money can undo the damage of a traumatic brain injury, securing rightful compensation can relieve financial worries, cover the costs of ongoing care, and provide a more stable future. Choosing the right TBI attorney is one of the most important decisions you’ll make. Look for a lawyer with specific experience handling traumatic brain injury cases who has access to knowledgeable medical experts and will give your case the personal attention it deserves.
Contact a Skilled TBI Lawyer for a Free Consultation
If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, don’t try to go through the legal claim process alone. You’re already dealing with so much – the physical pain, the emotional trauma, the financial worries, the uncertainty about the future. The last thing you need is the added stress of battling with insurance companies and trying to understand different legal procedures.
That’s why contacting a skilled Dallas TBI lawyer is so important. An experienced attorney who focuses on traumatic brain injury cases will have the knowledge, resources, and dedication to fight for the full and fair compensation you deserve. They can handle every aspect of your claim, from gathering evidence and consulting with medical experts to negotiating with insurers and taking your case to trial if needed.
Most TBI lawyers offer free initial consultations, so you have nothing to lose by reaching out and discussing your case. They can assess your situation, answer your questions, and advise you on the best path forward. And if you decide to hire them, most work on a contingency fee basis, meaning you pay nothing upfront, and they only get paid if they win your case.
You have enough on your plate right now. Let a compassionate, experienced TBI lawyer handle the legal battle for you. Contact a skilled traumatic brain injury attorney in your area today to schedule a free consultation and learn more about your legal rights and options. The sooner you take action, the better your chances of securing the resources you need for the best possible recovery and quality of life.