Brain Injuries and the Law

Each year, there are around 1.7 million traumatic brain injuries (TBI) in the United States. These brain injuries can result in hospitalizations, ER visits, and death. Contrary to popular belief, you don’t have to strike a hard object to suffer a TBI. Brain injuries can come from little falls, sports activities, car accidents, and more. Trauma to the head or neck, of any kind, can cause the brain to bruise or swell.

Types of Brain Injuries

There are two kinds of head injuries: open and closed. If the result of a fall or other accident causes the skull the fracture, this is an open injury. A closed head injury doesn’t have the tell-tale signs of an open injury, and can be more serious because of that. The possibility of brain swelling and blood clots forming are more likely in closed brain injuries. The most serious outcome of either brain injury is loss of consciousness, paralysis, and death.

How to Spot Brain Injuries

It may be difficult to notice a brain injury, especially immediately after an accident or injury. Here are the most common symptoms:

  • Nausea or dizziness
  • Confusion or difficulty remembering recent events
  • Unusual tiredness
  • Severe headache
  • Weakness or numbness on one side of the body

Seek immediate medical attention if any of the above symptoms are prevalent after an accident. Some people suffer brain injuries and still feel fine, too. Others have had serious brain injuries after a car accident, and still been able to walk away from the scene.

Medical Evaluations of Brain Injuries

After a serious accident, TBI victims often need financial and personal assistance in their life. The medical evaluation of a brain injury can have a huge impact on the financial compensation an injured person will receive. Medical evaluations gauge the following:

  • Whether independent living is still possible.
  • What type of physical therapy will help best.
  • The person’s ability to work.
  • The right to receive economic compensation, and how much.
  • Eligibility for protection against discrimination.

Steps to Take After a Brain Injury

Seek an experience personal injury attorney for matters pertaining to brain injuries. If you pursue legal action, your attorney will take one of two approaches.

The first approach is to prove that you or your loved one was injured due to someone else’s carelessness. This is called a “negligence theory of liability.” Basically, the attorney will try to prove that someone failed in their duty of reasonable care, and you suffered an injury as a result. This theory is used when someone’s action or inaction caused the injury. The second theory is a “product liability theory,” which states that a piece of equipment caused the injury.


Place your trust in an attorney who not only will fight for you and do the job right, but also cares about what happens to you and your family.

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