How Is A Traumatic Brain Injury Defined In A Personal Injury Case?
Traumatic brain injuries (TBI) are insults to the head resulting in injury to the brain. They are categorized as either mild, moderate or severe. More often than not, we encounter mild traumatic brain injury (MTBI) scenarios. MTBIs can occur in one of two ways: from direct impact to the head or skull or from force exerted on the body resulting in what we call a ‘coup countercoup’ injury, where the neck is whipped back and forth so violently that the brain is rattled within the skull unprotected. This type of injury can impact the front and rear occipital regions of the skull, resulting in a brain injury.
Visible injuries to the head, such as a fractured skull, are logically easier to prove. Closed head injuries, as the ones described earlier, are more difficult to persuade and often rely heavily on the medical records, paramedic records, hospital records, CT scans, MRIs, and neuropsychological testing to determine the severity of the individual’s brain injury.
What Are The Most Common Causes Of Traumatic Brain Injury?
The most common cause of a TBI is the blunt trauma to the head resulting from a car accident. For example, the striking of one’s head against the headrest, A or B Pillar of the vehicle or sun visor. In some cases, the accident is a rollover impact where the head can be extruded from the window during the rollover sequence. In a motorcycle accident, the most common TBI stems from the head striking the pavement, although shielded by a helmet.
What Are The Short And Long Term Effects Of A Traumatic Brain Injury?
Immediate consequences of a TBI often include loss of consciousness, concussions and comas. Long-term effects of TBI usually include depressive symptoms, such as lack of motivation to move, continuous sleepiness, symptoms similar to depression and anxiety. Along with these symptoms, TBI victims usually experience difficulty with word recall, have short term memory loss, and are unable to perform tasks at the speed, level and ability they previously performed at. These symptoms are often determined by testing and by interviewing premorbid and post morbid witnesses, in other words, people who knew you at work, home or in your social circle before the incident and after and can testify with examples of how the individual has changed. They are often initiated diagnosed by a well-trained general practitioner.
If not previously noted in the emergency room records, the primary care physician will note these symptoms in the records. Keeping records of TBI symptoms is extremely important in order to properly deal with cognitive deficits by either getting cognitive therapy or further testing to determine the severity of the traumatic brain injury.
Sadly, the short term and long term effects of a traumatic brain injury are constant they will vary at times depending on the individual and extent of the insult. Some individuals may have to relearn how to walk and speak. The brain however is an organ science and medicine continues to explore and better understand.
How Long Does It Typically Take To Resolve A Traumatic Brain Injury Case?
An injury does not dictate the amount of time it takes to resolve a case. The length of a case depends on many things, including the insurance coverage, the court’s trial schedule, and the jurisdiction where the case is filed. More often than not, however, a traumatic brain injury victim should receive reoccurring cognitive therapy post neuropsychological and/or radiographic testing with the aid and continued care of a well-trained neurologist.
For more information on Traumatic Brain Injury Claims In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (714) 617-2225 today.
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