How Do Brain Injuries Happen?
An acquired brain injury—that is, an injury that occurred after birth and is not hereditary, congenital, or degenerative—can be caused by both traumatic and non-traumatic events.
Causes of Non-traumatic Brain Injury
Common causes of non-traumatic acquired brain injury include:
- Stroke
- Airway obstruction
- Near drowning
- Choking
- Injuries in which the chest has been crushed
- Electrical shock
- Blood loss
- Artery impingement
- Shock
- Heart attack
- Arteriovenous malformation
- Aneurysm
These events can occur by accident, but they may also result from negligence, including medical malpractice.
For example, when it comes to stroke, the doctor has a limited time in which to diagnose the patient and take action in order to prevent long-term injuries. If the doctor fails to run the appropriate tests or to interpret the test results correctly, your loved one may be left with permanent brain damage, up to and including locked-in syndrome.
Causes of Traumatic Brain Injuries
A traumatic brain injury (TBI) is a result of a direct blow to the head. According to the Centers for Disease Control and Prevention (CDC), in 2020 alone, over 214,000 people in the United States were hospitalized because of a TBI. Like with non-traumatic brain injuries, these injuries may occur by accident or because of negligence.
Traumatic brain injuries are classified as closed or open.
A closed head injury occurs as a result of a blow to the head or a sudden, violent motion that causes the brain to knock against the skull. Closed head injuries can be diffuse, meaning that they affect cells and tissues throughout the brain, or focal, meaning that the damage occurs in one area. They can range from mild to severe and cause issues in many places, like the occipital lobe or the parietal lobe.
An open head injury, sometimes also called a penetrating head injury, results when an object penetrates the skull and enters the brain. Open head injuries are usually focal, which means that they affect a specific area of brain tissue.
Our Process
We guide you through every step with clear communication and compassionate support.
Free Consultation
Call us anytime to discuss your case. We listen carefully and answer all your questions with no obligation.
Medical Review
Our team conducts a thorough investigation with qualified medical experts to determine if malpractice occurred.
Legal Action
If we find evidence of negligence, we build a strong case and handle all legal aspects on your behalf.
Secure Recovery
We fight to secure the financial resources your family needs for long-term care and peace of mind.
What Are the Short- and Long-Term Symptoms of a Brain Injury?
Brain injury symptoms vary based on the cause, location, and severity of the injury. The victim’s age may also affect which symptoms are present.
Non-traumatic Brain Injury Symptoms
Symptoms of a non-traumatic brain injury depend on the injury’s cause. Stroke symptoms, for example, typically include the sudden onset of:
- A headache
- Vision problems
- Dizziness
- Confusion
- Weakness or numbness in one side of the body
- Speech problems
- Drooping in one side of the face
Even within a single condition like a stroke, symptoms vary greatly depending on how severe the stroke is and what part of the brain it occurs in. It is best to be safe and get medical help immediately if you notice any unexpected, abrupt changes in your loved one’s physical or mental condition.
Traumatic Brain Injury Symptoms
As with non-traumatic brain injuries, TBI symptoms can vary from person to person. Common symptoms of a traumatic brain injury include:
- Loss of consciousness
- Coma
- Headaches
- Dizziness
- Nausea
- Slurred speech
- Confusion
- Trouble concentrating or remembering things
- Hearing problems and sound sensitivity
- Vision problems and light sensitivity
- Trouble staying awake or waking up
- Increased feelings of depression, irritation, anxiety, or anger
You may start to notice these symptoms right after the injury occurs, or they may take a while to develop.
Brain Injury Symptoms Disrupt Your Life
Some brain injury symptoms, like headaches resulting from a blow to the head, may resolve fairly quickly. Others result in lifelong disabilities that prevent your loved one from working, enjoying favorite activities, or even just taking care of themselves. Severe injuries often require extensive and costly treatments that many families worry about paying for.
It is not just your loved one’s life that has been upended. Their close relatives often have to adjust their own routines to help care for the injured individual and accommodate their disabilities.
On top of that, you have to deal with your own feelings about the changes in your loved one. You still love them unconditionally, yet adjusting to life after a brain injury can be frustrating. Some families feel intense fear or even guilt, wondering if they could have done something to prevent this from happening. The questions feel endless.
It is okay if you need time to process all that has happened. The road to a new normal is undeniably long, but finding balance and happiness again is possible: countless other families dealing with brain injuries have done it. We are here to support you through this process.
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What Is the Prognosis of a Brain Injury?
The prognosis of a brain injury is determined by a variety of factors, including the severity of the damage, the length and severity of the coma (if applicable), and the location and size of the injury. The more severe the injury, the longer the recovery period. The longer the recovery period, the more long-term effects are likely.
When you are faced with a life-changing diagnosis, it can feel like the end of the world. Your life will unquestionably be different now. But there are still reasons to hold on to hope. Modern advancements in technology and treatment can often greatly improve the quality of life for brain injury patients.
Do not be shy about speaking to your loved one’s doctors about what happened and what your options are. You have every right to understand your loved one’s prognosis and to be fully involved in their care.
Did Negligence Contribute to Your Loved One’s Injury?
Again, not every brain injury is the result of negligence. Accidents do happen. Despite everyone’s best efforts, a person may still suffer permanent injuries.
Then there are the cases where an injury could and should have been prevented. For instance, if doctors spend too long debating how to treat a stroke, they could lose valuable time and cause the patient to suffer irreparable harm. These are the cases where a family may, if they so choose, sue the negligent party for damages.
Either way, your family deserves to know the truth.
How Do You Know if You Can or Should Take Legal Action After a Brain Injury?
You can hire a brain injury lawyer to conduct a review of your case. This legal review does not mean you have to take legal action. Some families choose to have the review done for their own peace of mind, so they know for certain what happened and can put those questions to rest. Others do choose to proceed with legal action.
During your review, we can collect and examine all available evidence, including:
- Witness statements
- Expert statements
- Medical records
- Bills and receipts
- Physical evidence
- Video footage
- Photos
- Internal company records
- Prior complaints or legal actions
- Accident reports filed by the police, if applicable
Once the review is complete, we will go over the results with you. We will explain what everything means and answer all of your questions. If the evidence shows there was no negligence, then you will finally know that your loved one’s injury was not preventable and that everyone—including you—did everything possible for them. For many families, this knowledge brings peace of mind and allows them to move forward.
If there was negligence, you have the option of filing a claim or lawsuit or of not taking action at all. We will not pressure you either way. This is your family’s future under consideration, and you should make whatever decision is right for you.
How Does the Type of Brain Injury Affect Your Legal Rights?
The type and severity of your loved one’s brain injury tells us what compensation to ask for. Generally speaking, the more you have lost, the more you can recover in damages.
Brain injuries can lead to a wide range of symptoms and conditions that affect different aspects of the patient’s life. As your lawyer, it would be our job to evaluate the injury itself, assess what impact it has (and will continue to have) on your family, and determine what a fair settlement or verdict looks like in your case.
How Can Compensation Help Families Dealing With a Brain Injury?
Compensation offers stability and security where before there was uncertainty and stress. Your family could benefit from some or all of the following types of damages.
Economic Damages and Brain Injuries
Brain injuries frequently lead to:
- Medical expenses
- Property damage
- Loss of income and job benefits
- Loss of earning capacity
- Loss of employment or future employment opportunities
You may worry about how to provide the care your loved one needs, both now and for the rest of their life. With a successful legal action, those worries go away, giving you more space to focus on being there for your loved one, your entire family, and yourself.
Non-economic Damages and Brain Injuries
“Non-economic” is the official term for physical and psychological losses related to an injury. Brain injuries can cause extensive non-economic damages, including:
- Physical pain and suffering
- Emotional distress
- Loss of independence
- Reduced quality and enjoyment of life
- Loss of consortium
- Physical disabilities
- Intellectual disabilities
- Significant scarring
The liable party or their insurance company might try to push back on your demand for non-economic damages. Things like physical and mental pain are subjective, so the insurer, in an attempt to reduce your settlement or verdict, may argue that you are exaggerating the extent of your family’s suffering.
The insurance company may doubt your story, but we do not. We know your loved one is in pain and are available to work with you to ease their suffering.
Punitive Damages and Brain Injuries
In rare cases, families qualify for punitive damages. Rather than compensating you for a particular loss, this type of damage is aimed at penalizing the negligent party.
If the at-fault party in your case is found to have been extremely negligent, the jury may decide that you deserve punitive damages in addition to economic and non-economic damages
Every family’s situation is different. So are the types and amounts of compensation you can ask for. Our legal team is here to help you explore your options whenever you want to speak with us.
What Should Brain Injury Victims and Their Families Do First?
Always get medical attention after any kind of accident, injury, or unexplained change in behavior. Even if your loved one cannot remember hitting their head or says they are feeling okay, do not take chances: as previously discussed, brain injuries are urgent medical emergencies. Waiting to get treatment could cause the injury to get significantly worse, and the narrow window of time in which you can treat this injury may close. Prompt medical care can prevent unnecessary suffering.
If possible, you will also want to document the cause of the injury. This could include:
- Writing down everything you remember about your loved one’s medical emergency
- Keeping copies of all relevant paperwork
- Requesting copies of medical documentation from the hospital
- Asking witnesses for their contact information
- Filing a timely report with the police or your employer
- Filing a complaint against a negligent healthcare provider
- Taking photos of the accident scene or any physical injuries, if you were with your loved one at the time of the accident
You can also speak to a lawyer. You do not have to commit to taking legal action just yet. You have the right to a consultation before making any decisions. Choose a firm that has handled brain injury cases before: such cases can be very complex, so an inexperienced legal representative could make things more difficult rather than providing the comprehensive, knowledgeable support you are looking for.
How Much Does it Cost to Hire a Brain Injury Lawyer?
We offer a free, no-pressure consultation that lets you learn about your legal rights and options at no cost or obligation to you. We also charge nothing up front, instead choosing to accept a percentage of your settlement as payment for our services. You do not even have to worry about legal costs: we cover everything until you get compensation.
Newsome Law operates this way because we understand you are struggling. We do not want to make your situation worse or add to your financial burden. By working for a contingency fee, we make it easier for brain injury victims and their loved ones to get the information they need and choose the path that is best for them.
Why Is Urgent Action So Important After a Brain Injury?
Your loved one’s doctor could have as little as a few hours to diagnose and treat a brain injury. Waiting too long could cause preventable and catastrophic harm.
We know how overwhelming all of this sounds. But you do not have to do everything at once or by yourself. Take it one step at a time. Make sure your loved one is comfortable and stable. Acknowledge both their pain and yours. Get as much information as you can to help you map out your future. Our legal team is here to listen and to offer guidance.
Protecting Your Family’s Future With Timely Action and Helpful Information
Your life has changed dramatically. So has the person you loved. It is natural to feel exhaustion, grief, and even guilt as you adjust to your new reality. It is also natural to want answers.
If your loved one was diagnosed with locked-in syndrome or another catastrophic brain injury, a legal review can tell you what happened and offer a way forward. Newsome Law is here to discuss your situation with you whenever you are ready.
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