In its very nature, traumatic brain injury emanates from a violent force inflicted upon the body or head of a person. It should also be noted that in instances where an individual is shot with a bullet, arrow, or any object capable of causing harm, it is likely that the brain tissue shall be affected and as a result cause a massive traumatic brain injury.
It must be noted that while some traumatic brain injuries may affect the brain cells or tissues temporarily, the same may result in massive injuries that could result in life-long injuries in certain instances. It should be noted that in the event of these massive injuries, it is more than likely that the victim of the blunt or sharp object hit to the head shall experience severe bruises, the tissues of that person shall be affected, and the brain of that particular person shall be severely harmed. In certain instances, and depending on the extent of the injuries, the victim of the head injury may suffer permanent disability or in certain instances die. For those facing such severe outcomes, it is crucial to seek the expertise of a reliable traumatic brain injury lawyer to ensure proper legal representation and support.
Symptoms
Depending on the extent of the injury or force to the head of a TBI victim, certain signs are usually displayed by a TBI victim. These signs just like any other symptoms that would indicate the sickness of a person, may be displayed immediately while in certain instances, the same may take a while before the signs can be displayed. The delayed symptoms may be seen after a few days or in certain situations, may be displayed after a few weeks or even months.
Mild traumatic brain injury
Depending on the extent of injury that one has gone through, the victim of a TBI may either have severe traumatic brain injuries or mild traumatic brain injuries. The differences between the two types of brain injuries largely depend on the extent of the injuries and the protective gear that the victim may have worn during the hit to the head.
It follows from the above that the common symptoms of a mild traumatic brain injury are as follows:
Headache
As the TBI victim would ordinarily experience a head injury, they would in most instances go through intense instances of headaches. These headaches are indicators of the extent of the brain injury. In instances, where the TBI victim has a mild traumatic brain injury, they would ordinarily go through headaches that may not be as extensive as the headaches that one goes through in the event of severe traumatic brain injury.
Vomiting or nausea
TBI victims would ordinarily go through periods in which they vomit or get nauseated. Nausea and vomiting are indicators of the extent of the injuries that one may have gone through. The medical personnel who shall be attending to the TBI victim shall in most instances inquire as to whether one vomited or was feeling nauseated after the traumatic brain injury event to decide as to the extent of the injury suffered.
Drowsiness or fatigue
traumatic brain injury victims would feel fatigued and sleepy after the traumatic brain injury event. The fatigue and drowsiness are largely brought about by the extent of the injuries suffered by the various brain tissues and cells. In light of the injuries suffered, the brain tissues and cells would not be functioning optimally and this would be seen in that the attentive nature of the brain would be compromised and the person would feel sleepy and very much fatigued.
Slurred speech
the victim of a traumatic brain injury event would in most instances be incoherent as the brain faculties that are responsible for speech would be pretty much overwhelmed. It follows therefore that it is crucially important that you immediately visit a health facility as soon as you or your loved one begins to experience instances such as problematic speaking.
Loss of balance
In its optimum nature, the human brain coordinates various functions of the body. One of the functions of the brain is to coordinate the movements of the human body. If there has been extensive injury of the brain, the optimum functioning of the human brain shall be severely compromised and the TBI victim would have an extensive loss of balance and may not be able to effectively control their movements and body functions.
Sensory impairments
As has been pointed out above, the human brain performs many complex functions which include ensuring that a human being is not too sensitive to light, hears optimally, tastes properly, smells properly, and does not become painfully sensitive to sound. It follows therefore that in instances where the brain has been affected, the ability for the human senses to perform optimally shall be compromised.
Cognitive impairment
The victim of a traumatic brain injury would in certain instances display the following symptoms. The cognitive impairment signs include the following:
The person may lose consciousness as soon as the traumatic brain injury event happens. The loss of consciousness indicates that the normal functioning of the brain was suddenly and violently interrupted and would therefore result in a person losing their ability to know who they are, where they are, and what has happened to them.
Disorientation
The victim of the traumatic brain injury event may not necessarily lose consciousness but would pretty much be confused as to what happened to them. The victim would appear dazed and not in their normal selves.
Memory loss
This is a common symptom of a mild traumatic brain injury where the individual can barely remember what happened to them. The extent of the memory loss may vary depending on the circumstances of the injury and the extent of the injury suffered.
Mood swings
The victim of a traumatic brain injury event may display mood swings. They could be happy and then they would be extremely sad and this is because the part of the brain that controls human emotions may be severely affected.
Depression
The TBI victim may have intense periods of depression and this is because their brains are not performing optimally. The victim may also be having intense feelings of anxiety as their normal functioning would be severely compromised.
Feeling sleepy or lacking sleep
The victim of a traumatic brain injury may have instances in which they struggle to find sleep or in certain instances have their sleep patterns severely interrupted. The lack of sleep and the irregular sleep patterns would largely affect the ability of the victim to operate normally or even be healthy.
Moderate to severe traumatic brain injuries
Moderate to severe traumatic brain injuries can include any of the signs and symptoms of mild injury, as well as these symptoms that may appear within the first hours to days after a head injury:
As indicated above, the extent of the injuries and the symptoms suffered by a traumatic brain injury victim would largely depend on the extent of the injury suffered. In instances where the injury suffered is extensive, the symptoms would be more prominent and would easily be noted than in instances where the injury was mild. While symptoms of mild and severe traumatic brain injury may be experienced immediately or after a while, the following are the common symptoms that would ordinarily be seen in moderate or severe TBI. They include the following:
The victim may lose consciousness for a short period or in certain instances for a longer period. The loss of consciousness would ordinarily indicate the extent to which the injury has been felt. If the damage or injury to the brain is extensive, the loss of consciousness shall be for an extended period.
Intense headaches
The victim of a traumatic brain injury would ordinarily go through various episodes in which they experience intense sessions of headaches. The headaches could persist for a long period. The intense headaches are an indicator that the injury felt was extensive and urgent medical attention must be sought.
Intense and repeated vomiting and feelings of nausea- the victim of a TBI would in most instances have repeated and intense vomiting. The victims may not also be able to shed off the feeling of being nauseated. Therefore, one must seek medical attention as soon as they are victims of a traumatic brain injury.
Convulsions
The victim of an injury to the brain may go through episodes in which they convulse and have seizures. The convulsions and seizures indicate that one has a severe or moderate injury to the brain.
The pupils of one or both eyes to an individual may start dilating or acting unusually.
There would be fluids that shall be coming out of the ears or nose of the victim of the TBI. The coming out of the fluids indicates that the injury that one has suffered to their brain may be on dangerous levels and one must urgently go to a medical facility for treatment.
Inability for one to wake up
In the sense that the vital parts of the brain are compromised, the ability of an individual to operate optimally would be severely affected. Because the organs that regulate a person’s sleep and general sense of alertness are compromised, the victim of a TBI may not be able to wake up. When this happens, the individual has to ensure that they are availed to a medical facility for urgent treatment.
The victim may lose their sense of coordination- as the brain injury is extensive, the ability of the brain to function optimally is severely compromised. The compromised brain may not be able to properly coordinate the person and they may not be able to stand up or go about their daily activities.
The victim may also go through periods in which they have profuse confusion. The confusion is largely a result of the severe impairment of the brain. The victim must go through intense treatment for them to wear off the effects of the profound sense of confusion.
Slurred speech
The victim of a traumatic brain injury may find it difficult to converse normally. The slurred speech would affect their interactions and expression as to the extent of the injuries suffered. It follows therefore that one must immediately be taken to hospital as soon as they start experiencing such symptoms as the injury to the brain may be so extensive.
Coma- The victim of a traumatic brain injury may fall into a state of coma if the injury to the brain is extensive. Falling into a coma may also bring about various disorders to the human brain about the consciousness of an individual.
Children’s symptoms
While adults may be able to express and indicate how they feel following a traumatic brain injury event, children, on the other hand, may not have the ability to express how they feel or how the brain injury event has affected them. The children may not be able to indicate their confusion, having headaches and the symptoms that would ordinarily be felt and seen in adults. While this is a universal position, the following are the common symptoms that would ordinarily show in children:
Irritability and continuous feelings of being irritated- the children would majorly be irritated by the environment and things around them. It follows therefore that if a child easily gets irritated as soon as they are involved in an event that is likely to bring or has brought about brain injury.
The child may not be able to eat normally following a traumatic brain injury. They shall find it difficult to enjoy the food that they previously enjoyed. In the worst instances, they may not be able to eat at all. In such an event, the child must be taken to the hospital for treatment.
The child may be sad as they would be struggling with various injuries that they may not be able to express.
The child may find it extremely difficult to pay attention as the state of their minds has been significantly altered.
The child may cry continuously and no matter how one tries to console them, they may not be able to console them. The cries are usually a result of the child’s inability to deal with their changed circumstances.
The sleeping patterns of the child may not be as they used to be before the accident or the brain injury occurred. It follows that it is possible that a child could have gone through a traumatic brain injury if their sleeping pattern significantly changes after there has been a fall or any event that could likely have hurt them.
The child may suddenly lose interest in the things or objects that they previously enjoyed.
Drowsiness- the child may suddenly and increasingly become drowsy after they have experienced a traumatic brain injury.
Related FAQs
Q: When should I contact a Doctor after I or my loved one has experienced a traumatic brain injury event
A: You must seek medical attention as soon as you are involved in an event that is likely to have caused a traumatic brain injury, whether mild or severe traumatic brain injury. Consulting a Doctor as soon as is practical is necessary to ensure that the injury is addressed as soon as possible. Waiting for a prolonged period before seeing a Doctor is likely to bring about further and more permanent injuries. it follows therefore that you should rush yourself or your loved ones as soon as they start displaying the symptoms indicated above.
Q: When should I seek the services of a personal injury lawyer
A: Fundamentally, you seek the services of a personal injury attorney after you have seen a Doctor and your Doctor has thoroughly examined the extent of your injury. Any delay in seeking a lawyer is likely to result in the loss of crucial information and documentation that would have otherwise been beneficial in seeking the compensation that you deserve.
Q: How much shall I get as compensation for traumatic brain injury claim
A: The amount of compensation that you can get following a traumatic brain injury is largely dependent on the extent of your injuries. If you are extremely injured, you will likely receive a huge amount of compensation compared to when you are not severely injured. The compensation shall cover the following:
Lost wages- the compensation that you shall be given shall consider the number of days that you missed work as a result of the injury and the amount of wages and earnings that you lost as a result of the injury suffered;
Medical expenses- The medical expenses incurred by yourself for treatment shall be taken into consideration. Future medical expenses shall also be taken into consideration when deciding as to the amount of compensation that you should receive.
The conduct of the at-fault party- the conduct of the at-fault party shall be taken into consideration. If their conduct aggravated the injuries that you suffered, the court shall award you punitive damages. Such damages are principally meant to punish the at-fault party.
Funeral expenses- the expenses that were incurred for the deceased’s funeral shall be taken into consideration if the deceased died as a result of a traumatic brain injury that can be attributed to the at-fault party.
Loss of dependency – If the victim of the traumatic brain injury event was being depended on by their loved ones, the surviving members shall be awarded compensation for the loss of their breadwinner.
Q: What is the statute of limitations for filing traumatic brain injury claims in California?
A: The law in California stipulates that one must file a traumatic brain injury claim within two years from when the accident happened. However, should there be a late discovery of the TBI, the victim must file a traumatic brain injury claim within two years from the day they discover that they were victims of a traumatic brain injury. Failure to file the claim within the stipulated time shall result in one being unable to get the compensation that they deserve for the traumatic brain injury.
Q: What should I do to strengthen the chances of my traumatic brain injury claim succeeding
A: Fundamentally, compensation claim you put together all the necessary pieces of evidence that shall sustain your compensation claim. After putting together all the necessary pieces of evidence, it is fundamental that you seek the services of an experienced personal injury lawyer so that they can assist you get the compensation that you deserve.
Q: What should I not do following a traumatic brain injury event?
A: Fundamentally, you do not admit liability for the traumatic brain injury-causing event. Admission of liability shall severely affect the chances of getting the compensation that you deserve. It is also vital that you do not engage the insurance companies in negotiations before you engage the services of a personal injury lawyer. Rushing to speak to insurance companies may severely affect your chances of getting compensation as they may induce you to sign agreements that may not be in your best interest. It follows therefore that you should only engage an insurance company after you have hired the services of a competent personal injury attorney.
Q: What should I look at before engaging the services of a personal injury attorney?
A: You should look at the qualifications of the attorney, the experience of the attorney, the capacity to handle your cost, how they charge their legal fees, their client reviews, their peer reviews, whether they have disciplinary issues with their local bars, and whether they shall be able to adequately represent and update you on the matter.
Q: Shall I be required to attend court for my traumatic brain injury claim?
A: While most traumatic brain injury cases are dealt with fully through negotiations, there are certain instances in which the matters have to proceed to court. If the matters proceed to court, your personal injury lawyer will act on your behalf. However, you shall be required to attend court if your testimony shall be required.
Q: What happens if I do not file my traumatic brain injury claim in time?
A: If you do not file your traumatic brain injury claim on time, the chances of you getting the compensation that you deserve shall be greatly affected. You must file the claim within two years from when the accident happened or two years from when you discovered that you or your loved one suffered a traumatic brain injury. If you calculate the timelines and discover that you have failed to file the claim within time, you should consult an experienced personal injury lawyer so that they can advise you on whether you are eligible for the exemptions provided under the Statute of Limitations.
Q: Can I still file a claim even if I was not extensively injured?
A: You can still file a traumatic brain injury claim even though you or your loved one did not suffer from severe traumatic brain injury. However, you should note that the amount of compensation available to you shall consider the extent of the injuries that you suffered.
Q: How long shall my traumatic brain injury claim take before it is settled?
A: The length of time in which your traumatic brain injury claim shall take before it is settled is largely dependent on many factors including how soon you file your case, the length of the trial, the number of witnesses who have to testify on the matter, the type of lawyer that you hired and other factors that may be unique to your case. It follows therefore that if you require that your case is dealt with as soon as possible, you should file your case as soon as possible.
Big Ben Lawyers
Big Ben Lawyers has the capacity and the experience to deal with personal injury cases including traumatic brain injury claims. Big Ben Lawyers has successfully represented hundreds of traumatic brain injury victims and would gladly use the experience acquired over the years to help traumatic brain injury victims. Our Personal Injury Lawyers are ready to take you through the entire process of seeking compensation and shall gladly keep you updated on the developments in your case.
[1] Mayo Clinic, Traumatic brain injury, available at https://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/symptoms-causes/syc-20378557 accessed on 17.5.2024.
[2] Ibid.
[3] Ibid.
[4] National Institute of Neurological Disorders and Stroke, Traumatic Brain Injury available at https://www.ninds.nih.gov/health-information/disorders/traumatic-brain-injury-tbi accessed on 17.5.2024.
[5] Ibid.
[6] Ibid.
[7] Ibid.
[8] Ibid.
[9] Ibid.
[10] Ibid.
[11] Ibid