Traumatic Brain Injury: Legal Options for Recovery

A traumatic brain injury (TBI) can have a devastating impact on individuals and their families. These injuries, which are caused by a blow or jolt to the head or a penetrating head injury, can result in a wide range of physical, cognitive, and emotional symptoms that can last for a lifetime. In some cases, a traumatic brain injury can even be fatal.

If you or a loved one has suffered a traumatic brain injury in a car accident or personal injury case in Texas, it is important to understand the causes of these injuries and how to best protect your rights. At Varghese Summersett, our experienced personal injury attorneys have a deep understanding of TBIs and the impact they can have on victims and their families.

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What Causes Traumatic Brain Injury in a Car Accident or Personal Injury Case?

There are a number of factors that can contribute to traumatic brain injury in car accidents and other personal injury cases. Some of the most common causes include:

  • Sudden, violent movements of the head or body
  • Blows to the head from a collision or fall
  • Penetrating injuries from flying debris or other objects
  • Whiplash injuries from sudden, jerking movements of the head and neck

In car accidents, traumatic brain injuries can occur when the head strikes a hard surface such as a steering wheel, dashboard, or window. They can also occur when the head is suddenly jolted or whipped around, causing the brain to collide with the inside of the skull.

Car Accidents

Car accidents are a leading cause of TBIs, particularly in high-speed collisions. The sudden impact of a crash can cause a person’s head to strike the dashboard, steering wheel, or a window, leading to a traumatic brain injury. In addition, a traumatic brain injury can also occur if the head is thrown around in a collision, causing the brain to collide with the inside of the skull.

In Texas, it is estimated that car accidents cause around 60% of TBIs each year. To help protect yourself and reduce the risk of a traumatic brain injury in a car accident, it is important to wear a seatbelt at all times and avoid distracted driving.

Falls

Falls are another leading cause of TBIs, particularly in older adults. A fall from a height, such as from a ladder or rooftop, can cause a TBI if the head strikes a hard surface. Falls can also occur due to slip-and-fall incidents on wet or slippery surfaces, which can result in a traumatic brain injury if the head strikes the ground or another hard object.

In personal injury cases, it is important to hold property owners accountable for maintaining safe conditions on their premises. If a fall occurs due to a property owner’s negligence, the victim may be entitled to compensation for their injuries.

Blunt Force Trauma

Blunt force trauma is another common cause of TBIs in personal injury cases. This type of injury occurs when a person is struck by a hard object, such as a baseball, a hammer, or a blunt weapon. The impact can cause a traumatic brain injury if the brain is jolted inside the skull, leading to bruising, swelling, or damage to the brain.

In personal injury cases involving blunt force trauma, it is important to hold the responsible party accountable for their actions. This can include pursuing a claim against an individual who used excessive force or against a company that failed to properly protect its employees from harm.

Understanding the Different Types of TBIs

TBIs can range from mild to severe, and the type of injury can greatly impact the long-term prognosis and recovery process. Some of the most common types of TBIs include:

  • Concussions: Mild TBIs that often result from a blow to the head or a sudden jolt to the body. Symptoms can include headache, confusion, memory loss, dizziness, and more.

  • Contusions: Bruises to the brain caused by a direct impact to the head.

  • Hematomas: Blood clots that form within the brain after a blow to the head.

  • Skull fractures: Breaks in the skull caused by a direct impact to the head.

  • Diffuse axonal injuries: Tearing of the brain tissue caused by sudden movement or rotation of the head.

Understanding the Consequences of Traumatic Brain Injuries

The consequences of a traumatic brain injury can be wide-ranging and can impact individuals in different ways. Some of the most common symptoms of TBIs include:

  • Physical symptoms: headaches, dizziness, nausea, fatigue, and weakness
  • Cognitive symptoms: memory loss, difficulty concentrating, and impaired judgment
  • Emotional symptoms: depression, anxiety, irritability, and mood swings
  • Speech and language difficulties: difficulty speaking, understanding speech, and communicating effectively
  • Sensory symptoms: sensitivity to light and sound, and changes in vision or hearing

These symptoms can have a profound impact on an individual’s quality of life and can make it difficult for them to return to work or engage in their usual activities. In some cases, TBIs can also result in permanent disabilities that can limit an individual’s ability to earn a living or lead an independent life.

The Importance of Proper Diagnosis and Treatment for TBIs

TBIs can have serious and long-lasting effects on a person’s health and quality of life. Proper diagnosis and treatment are essential for maximizing the chances of a full recovery.

This can include a comprehensive evaluation by a medical professional, including imaging tests such as CT scans or MRI scans, to determine the extent and severity of the injury. Treatment may include medication, physical therapy, and in severe cases, surgery. After an accident, it may be difficult to know where to turn. Many medical providers do not treat accident cases because your primary medical insurance provers often won’t cover the loss. At Varghese Summersett, we have built relationships with a number of medical providers who will agree to treat if they know we are on the case.

Legal Options for Individuals with Traumatic Brain Injuries

If you or a loved one has suffered a TBI, you may be entitled to recover compensation for your damages through a personal injury claim. This type of claim can help you recover compensation for your medical expenses, lost wages, and other damages related to your injury.

In order to be successful in a personal injury claim, you must be able to demonstrate that your injury was caused by the negligence or wrongdoing of another party. This can be challenging, especially in cases of TBIs, where the symptoms may not be immediately apparent.

However, with the help of a knowledgeable personal injury attorney, you can build a strong case to demonstrate the extent of your injuries and the impact they have had on your life. Your attorney can also help you navigate the legal system and negotiate with insurance companies to ensure that you receive the compensation you deserve.

If you or a loved one has suffered a TBI, it is important to act quickly to protect your rights. The statute of limitations in Texas for personal injury claims is two years, so it is important to seek the help of a qualified attorney as soon as possible.

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Conclusion

If you have suffered a traumatic brain injury in a car accident or personal injury incident, it is important to speak with an experienced attorney. An attorney can help you navigate the legal process and pursue compensation for your injuries, including medical expenses, lost wages, and other damages. At Varghese Summersett, our experienced personal injury attorneys are dedicated to helping TBI victims in Fort Worth and throughout Texas. Call us today at (817) 207-4878 or contact us online.

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About the Author

Benson VargheseBenson Varghese is the managing partner of Varghese Summersett. He is a seasoned trial attorney, highly esteemed for his comprehensive knowledge and expertise in the field. He has been to trial throughout state and federal courts in Texas. 

As a former insurance adjuster himself, Benson has insights into how insurance companies evaluate claims – and why without the proper encouragement, they are likely to undervalue a claim. Benson uses these insights combined with his clout in the courtroom to obtain justice for his clients – in and outside of the courtroom.

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