On average, six million car accidents occur in the United States every year. While some survivors leave the scene unscathed, others are left with catastrophic injuries. Collisions involving cars, trucks, motorcycles, and pedestrians are the leading cause of brain injuries today. Many injured victims face a long and costly road to recovery that may cause a serious burden to not only them, but their family members who serve as caregivers.
There is too much at stake to handle a brain injury claim on your own. If you or a loved one have suffered brain trauma as a result of another party’s negligence in an auto accident, find out what an experienced attorney can do for you.
The dedicated and compassionate team of personal injury attorneys at Florin|Roebig look forward to helping you recover compensation for the physical, financial, and emotional damages you have incurred. Although no amount of money can turn back time, we can help improve the lives of brain injury survivors by holding the at-fault parties responsible for their actions.
What Is A Brain Injury?
An acquired brain injury is an umbrella term that is used to describe any type of brain damage that occurs after birth. There are two types of acquired brain injuries: traumatic and non-traumatic. While traumatic brain injuries are the result of an external force, non-traumatic brain injuries are caused by an illness or condition within the body.
The National Institute of Neurological Disorders and Stroke (NIH) defines a traumatic brain injury (TBI) as a form of acquired brain injury that occurs when a sudden trauma causes damage to the brain. TBI can occur when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue. Furthermore, TBI may result from a sudden bump, blow, strike, or jolt to the head. A closed brain injury is the result of a rapid back and forth motion and shaking of the brain inside the skull. An open head injury, on the other hand, occurs when the skull is penetrated by an object.
Car Accidents: A Common Cause Of TBI
Traumatic brain injury is a major cause of death and disability in the United States, contributing to approximately 30% of all injury deaths. In recent years, the total number of TBI related emergency room visits, hospitalizations, and deaths has increased by 53%.
According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are the leading cause of TBI hospitalizations for adolescents and adults aged 15 to 44 years of age. Early diagnosis and treatment are the key to preventing mortality. Some symptoms may present immediately following the crash, while others may not show up for days or weeks later. Just as every person’s brain is different, each TBI is unique, with varying degrees of physical and psychological effects.
TBI: Levels Of Severity
Brain injuries can be classified into three basic categories: mild, moderate, and severe. Standard measures used to determine injury severity include the duration of the injured victim’s loss of consciousness (LOC), length of memory loss associated with post traumatic amnesia (PTA), and diagnostic imaging results.
- Mild injury: When a mild TBI causes a LOC, it is brief, lasting only a few seconds up to 30 minutes. Some victims don’t lose consciousness at all and only appear to be confused or disoriented. PTA may also occur but should last for no more than 24 hours. GCS score is anywhere from 13-15. Brain imaging results usually don’t detect any abnormalities.
- Moderate injury: With a moderate TBI, LOC usually lasts for longer than 30 minutes, but less than a day. The victim may experience PTA for 1-7 days following the accident. Initial GCS score will likely be between 9-12. Diagnostic imaging results can be normal or abnormal.
- Severe injury: Severe TBIs can be life changing and life-threatening. These injuries may cause permanent physical or mental disabilities. Individuals suffering from a severe brain injury experience a period of unconsciousness that lasts for more than 24 hours. PTA will persist for longer than a week. GCS score will be in the range of 3-8. Initial CT or MRI scan may be normal or abnormal, depending on the mechanism of the injury.
Many survivors with a mild traumatic brain injury will recover relatively quickly, while others with moderate to severe traumatic brain injuries may have long-term alterations in mental status and permanent cognitive impairments. Don’t make the mistake of assuming your injuries will go away on their own, seek medical care as soon as possible.
How Is A Car Accident Brain Injury Diagnosed?
When a crash victim is brought to the emergency room with a suspected head injury, doctors will perform a number of tests before making a formal diagnosis. Some of the most common types of tests following a TBI include:
- Glasgow Coma Scale (GCS)— Medical professionals will typically use a 15-point test to gauge a person’s level of consciousness. The test measures the following functions: motor responsiveness, verbal performance, and eye opening to appropriate stimuli. The CGS provides a score in the range of 3-15 and the higher the score, typically the less severe the injury is.
- Computed Tomography (CT)— CT scans are the standard choice when a TBI is suspected due to how quick and accurate the results are. A CT scan produces a series of X-rays from many different angles to create a complete image of the brain. They can detect a blood clot (hematoma) and swelling (edema) in the brain. Skull fractures can also be diagnosed using a CT scan.
- Magnetic Resonance Imaging (MRI)— MRI scans use magnetic fields and radio waves to generate high resolution pictures of brain structures. They are not typically used as part of an initial TBI assessment but may be used in follow-up examinations. Most healthcare providers turn to an MRI to detect subtle changes in brain function that cannot be seen on a standard CT scan.
Some traumatic brain injuries are difficult to formally diagnose and are often overlooked initially. Standard clinical interviews and CT scans are common methods emergency room physicians use to identify brain damage. Unfortunately, these initial tests are not always accurate or sensitive enough to rule out mild traumatic brain injury.
Types Of Brain Injuries Resulting From A Car Crash
Car accidents can lead to a wide range of injuries, but few are as devastating as a brain injury. Depending on the type of injury, consequences and medical treatment vary greatly. After a wreck, many victims report the following types of TBIs:
Concussion
Most TBIs that occur are mild traumatic brain injuries, referred to as concussions. They result from a sudden impact to the head or violent shaking of the head. Concussions may cause instant loss of awareness for a few minutes up to a few hours after a car accident happens. Symptoms of a concussion include:
- Headaches
- Confusion
- Loss of consciousness
- Memory loss
- Lack of coordination
- Dizziness
- Nausea or vomiting
- Sleepiness or fatigue
- Ringing in the ears
- Slurred speech
Contusion
Contusions are bruises to specific areas of the brain, caused by a direct impact to the head. In a motor vehicle accident, contusions may occur when the driver or passenger is struck by an object or hits his or head on an object. They cause bleeding and swelling inside of the brain around the area that was struck. Symptoms of a brain contusion include:
- Numbness or tingling in the affected area
- Cerebral edema or swelling
- Lack of coordination
- Memory loss
- Slurred speech
Coup-Contrecoup
Following a direct strike to the head, the damage to the brain tissue and blood vessels is due to a mechanism called coup-contrecoup and occurs when damage affects both sides of the brain. Coup-contrecoup injuries are associated with cerebral contusions and intracerebral hemorrhage. A car accident victim with this type of injury will have a bruise located at the site of impact and a bruise on the opposite side of the brain, caused by the brain hitting the skull. Symptoms of coup-contrecoup injuries include:
- Headaches
- Confusion
- Loss of consciousness
- Coma
- Dizziness
- Memory loss
- Sensitivity to light
- Slurred speech
Diffuse Axonal Injury
Diffuse Axonal Injury (DAI) is the tearing of the brain’s connecting nerve fibers, referred to as axons. It is a serious, but common type of TBI that happens when the brain shifts inside the skull as an injury is occurring. DAI usually causes injury to many parts of the brain and victims are often left in a coma. Symptoms of DAI include:
- Headaches
- Confusion
- Nausea or vomiting
- Trouble sleeping
- Sleepiness or fatigue
- Loss of balance
- Dizziness
Penetrating Head Injury
A penetrating head injury (PHI), also known as an open head injury, happens when there is a break in the skull. The injury can be from any object or outside force including a gunshot wound, sports injury, a fall, a stab wound, and various forms of abuse. Although less prevalent than closed head trauma, they can still happen during a car accident. Mortality rates among victims experiencing PHI remain high and extensive medical care is usually required. Symptoms of PHI include:
- Bleeding from the head or ears
- Loss of consciousness
- Loss of bladder and bowel function
- Difficulty moving
- Seizure
Anyone who is experiencing one or more of the symptoms listed above should seek medical attention first and then contact a seasoned traffic accident lawyer who is familiar with brain injury claims to determine what their legal options might be.
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How Much Is My Brain Injury Claim Worth?
When another person’s negligence causes a brain injury, the law entitles the victim to seek compensation by taking legal action against the at fault party. Car crash victims may demand payment from any liable party for the following types of damages:
- Property damage, including the damage to your vehicle and any damage to the possessions in your vehicle
- Medical expenses, both past and future, related to the treatment of the crash injury
- Lost wages, as a result of the injury sustained in the accident
- Loss of future earning capacity due to limitations caused by the injury
- Emotional distress, including any mental health treatment as a result of the traffic accident and accompanying injuries
- Pain and suffering, which encompasses the physical and emotional pain suffered by a victim
- Loss of companionship, referring to the deprivation of the benefits of family relationships
- Loss of enjoyment or diminished quality of life due to the injury sustained in the wreck
The amount you end up receiving from the insurance company is dependent on many factors, but one of the most important is the skill of the lawyer who is handling your case. Working with a top-rated personal injury lawyer who has experience handling complex brain injury claims, such as one of the lawyers at Florin|Roebig, can help you get full and fair compensation for your losses.
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Call Florin|Roebig Today For A Free Consultation
Car accident survivors usually describe the crash that caused their brain injury as a highly traumatic event. Unfortunately, the aftermath of the injury is usually life-changing for not only the victim, but their loved ones as well. Luckily, a personal injury claim can help you recover full compensation for all you and your family members have suffered. Protect your rights by seeking skilled representation right away. When you are ready to get started on your claim, call the attorneys at Florin|Roebig today for a free consultation and case review.
