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| What You Can Claim |
Brain/Spinal Cord Injuries
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Traumatic brain
injury (TBI) can occur in a variety of ways. TBI can result when there is
a rapid acceleration and deceleration of the brain as in whiplash or
shaken baby syndrome. This type of injury is sometimes referred to as a
"closed head injury". TBI can also result when the head comes
into contact with another object as in a bicycle crash or a blow to the
head. Unlike a closed head injury where it may not be possible to tell
that the person is injured just by looking at them, this type of TBI
usually has outward manifestations of injury such as a skull fracture. The
injuries that result from TBI can be long-lasting and sometimes difficult
to prove, especially when there aren't outward physical manifestations of
the injury. In fact, a mild traumatic brain injury can be sustained, yet
routine neurological examinations will be normal. |
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Someone who has suffered a TBI
may experience physical, cognitive and behavioral problems. Physical symptoms
that result from TBI include lethargy, fatigue, headache, vision problems, and
sleep disturbance. Cognitive problems that may be due to TBI include inability
to concentrate or pay attention, difficulty with memory, difficulty with
planning, and trouble either understanding or producing speech. Behavior
problems resulting from TBI include, mood swings, irritability, and lack of
inhibition. Many of these problems may be attributed to depression, when they
are in fact a result of the TBI. This is especially true in instances of mild
traumatic brain injury since there may be little other evidence of physical
injury.
For that reason it can be hard for a person who has suffered a traumatic brain
injury to recover adequate damages for their injuries. It can be difficult to
prove the lasting physical effects of TBI to the satisfaction of a judge or jury
when there are no apparent physical injuries and when neurological exams return
normal results.
Because of this it is a good idea to consult with an attorney who has experience
with traumatic brain injury cases. An attorney with prior experience in this
area is more likely to be aware of the multitude of long-term effects that can
plague a TBI victim. He or she also has experience with effective methods of
proving the impact of these effects to juries.
