A traumatic brain injury, abbreviated TBI, is not always obvious to the outside world, which adds to the challenge the person experiences. Sometimes called the invisible injury, a TBI can range in severity from mild to extremely debilitating. Every situation is different, but they share some common grounds: all traumatic brain injuries have the capability to cause extreme financial and emotional hardship on the person and his or her family. Maryland brain injury lawyer Susan R. Green, founder of Hardball Law in Baltimore, Maryland, offers free legal advice to individuals and families. When a car or truck accident causes a TBI, the other driver’s insurance company will likely attempt to deny liability and minimize the brain injury. If medical malpractice caused a brain injury, the person will have difficulty getting the hospital and medical professionals to admit a mistake has been made that caused a TBI. In all these cases and more, an experienced litigator is needed to investigate the case, negotiate with the other side, and have the ability to argue the case in a courtroom trial if a fair settlement is not reached.
Classes Of Brain Injuries
The American medical community acknowledges two classifications of brain injuries based on the cause of the brain or head injury and when the symptoms begin to occur. They are:
- Primary brain injury which refers to the sudden trauma to the brain that is considered to be more or less complete at the time of impact. These occur at the time of the car accident, gunshot wound, fall, an object falling on your head, etc.
- Secondary brain injury which refers to the changes that evolve over a period of time following the primary brain injury. The time period can be hours, days or weeks. TBI’s of this type can include a plethora of cellular, chemical, tissue, or blood vessel changes in the brain that contribute to further destruction of brain tissue.
Areas Of The Brain That Can Be Injured
The human brain is made up of 4 lobes: the occipital lobe, parietal lobe and 2 temporal lobes. All 4 can suffer injury based on the type of accident and angle of impact. In addition to the 4 lobes of the brain other areas of the brain are the Brain Stem, Cerebral cortex, Cerebellum, Hypothalamus, Thalamus, Pituitary gland, Pineal gland, Pons, Amygdala, Hippocampus, forebrain and the mid-brain. Within these various structures are axons, neurons and nerves. The consequences, and symptoms, of a brain injury are directly related to the area of the brain that was injured.
What Makes A Traumatic Brain Injury Unique?
There are three main reasons that make a traumatic brain injury different than any other type of harm. The first, as mentioned above, is that a TBI is basically invisible. There are no broken bones in casts, no wheelchairs, no bandages. In many cases, the person may outward appear to be without any injury, incapacity or disability. This can make it difficult for other people to understand the severity of the injury and its consequences.
The second reason a traumatic brain injury is unique is that the symptoms and life-changing consequences are going to be different for every person. In some cases, language may be affected, or emotional capacity or understanding, or the person may suffer migraine headaches, sensitivity to light, nausea and more. Depending on the circumstances, medications and treatment may or may not be effective in relieving such symptoms.
The third reason that makes a TBI so unique is that it affects the entire family. Often, spouses, children or other family members devote themselves to act as caretakers for their loved one with a brain injury. Depending on the severity of the injury, this could be helping for a few hours a day to round-the-clock care.
What Can a Lawsuit Do to Help a Person Who Suffered a TBI?
If the traumatic brain injury was caused by the negligence or recklessness of another, a person can bring a personal injury lawsuit against the party accountable. Most often, this occurs in a car, truck, bike or pedestrian accident. TBI’s can also occur in slip and fall accidents or at work. In other situations, a brain injury may occur due to a medical mistake or surgical error.
Although a lawsuit could never undo what happened, a lawsuit can relieve some of the financial burdens that will accompany a brain injury. This could pay for past and future hospital bills, rehabilitation, long-term care, therapy, lost wages and lost work benefits. Further, a person and family may be entitled to non-economic damages, which may include compensation for pain and suffering, and the loss of family relationships which is known as “loss of consortium.”
By reviewing your legal options for financial compensation from the party responsible for the injury, families can obtain some financial relief that will allow them to live a better quality of living after a life-changing accident.
Reach Out to Our Baltimore Traumatic Brain Injury for Legal Advice
Individuals and family members may feel helpless after an accident that caused a traumatic brain injury in themselves or their loved one. However, Baltimore personal injury attorney Susan Green makes it her mission to fight for victims and hold negligent companies, employers and individuals accountable for preventable accidents that caused innocent people to suffer. She will work hard to uncover the truth about what happened and why.
If you or your loved one suffered a traumatic brain injury, contact Hardball Law at (410) 494-7400 to learn what legal options may be available to you. We offer free initial consultations and contingency fee arrangements, which means you will never pay anything unless we secure a verdict or settlement in your favor.