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Personal Injury Lawsuits for Brain Injuries

If you or a loved one has experienced a head injury leading to a traumatic brain injury, you might be entitled to compensation by filing a legal claim. Learn more about TBI and if you have a case.

What Is a Traumatic Brain Injury

A traumatic brain injury (TBI) is when temporary to permanent damage happens to the brain from an unforeseen event. This can be caused by many different things. A sudden jolt, violent blow, or object penetrating the brain tissue are the most common causes.

It can also be a result of a lack of oxygen to the brain after a medical episode such as a stroke or an accidental drowning. Symptoms can range from mild and passing to severe and life-changing. Brain trauma, regardless of its severity, should always be taken seriously and given immediate medical attention. 

Common Causes of Brain Injury Due to Personal Injury

Brain injury can be caused by a number of personal injury-related events. Several things can happen in our everyday lives that can cause mild to severe brain injury. Being involved in a car accident is one example. Even a seemingly minor car accident that causes whiplash can result in mild brain trauma or compromise the nerve fibers without a direct blow to the head. A person may not lose consciousness and may walk away from the accident completely unfazed, only to develop symptoms in the subsequent days or weeks.

Another common cause of TBI is a slip and fall. Falling and hitting the head on a hard surface such as cement or even a carpeted floor can potentially cause bruising or bleeding of the brain.  Being injured by machinery or equipment on a worksite can cause injury as well even if the impact did not seem significant. Sometimes symptoms are not immediate and take time to show up. It is important to monitor symptoms and behavior after an injury to ensure safety. 

How To Detect TBI

Depending on the severity of a brain injury, there are a number of symptoms of which to be aware. Physical symptoms can include but are not limited to:

  • Headache
  • Nausea
  • Fatigue
  • Dizziness
  • Loss of balance
  • Speech issues

Other symptoms can range from depression, anxiety, and mood swings to feeling disoriented, confused, or losing consciousness. Some patients experience ringing in their ears or sensitivity to light or sound.

More severe brain trauma may lead to: 

  • Repeated vomiting or nausea
  • Seizures 
  • Convulsions
  • Slurred speech
  • Loss of coordination
  • Memory issues
  • Loss of reasoning
  • Vertigo
  • Coma
  • Vegetative state
  • Brain death

If you experience any of these symptoms as a result of an injury to the head or body it is important to seek medical assistance right away. The doctor will perform a variety of tests that measure behavioral and cognitive functions as well as motor skills. The doctor will most likely have a patient undergo a magnetic resonance imaging (MRI) test which displays an image of the brain that can detect any major structural changes to the organ. A doctor may also order a positive emission tomography or PET scan which monitors blood flow to different parts of the brain.

This can help doctors see if there is an area that should be working but is not getting the correct amount of blood flow to that area. Completing these tests will help doctors determine if a patient does have a brain injury. Once diagnosed, a plan can be formulated to treat the patient based on the results of the tests and the patient’s symptoms. 

Signs You Have a Legal Claim

You may have a legal claim if your brain injury was caused by another individual or a company. Whether the cause of the injury was neglect or simply an accident involving another person or environment beyond your own home, you may be entitled to compensation. Once you have sought medical attention, the next step is to contact a personal injury attorney as soon as possible. The attorney will work with you to go over the facts involved in your situation and determine if there is potential for legal action to be taken. 

Misconceptions About Brain Injury Severity

Mild symptoms due to a minor fender bender may lead you to think that you are in the clear and do not need to pursue legal action. It is important to consider that symptoms may start off mild but could worsen over time. Not only does this result is mounting medical bills but it can also lead to loss of income if you are no longer able to work due to your injury.

Additionally, your quality of life can suffer if you are no longer able to participate in activities you once enjoyed. Although it may initially appear that symptoms are insignificant, it is always best to consult a doctor and a personal injury attorney to confirm the severity of the injury and determine if legal recourse is an option.

Evidence to Gather

It is important to gather evidence to support any claims of brain injury. Evidence includes medical records, test results, medical bills, any witnesses of the event, photographic evidence and anything else that may assist in supporting your case. Time taken off of work related to the injury is also important to note as it may factor into compensation discussions. Evidence of any kind will assist in compiling a case to potentially take to settlement talks or trial. 

Why You Should Hire a Brain Injury Lawyer

It is important to consult a personal injury attorney if your brain injury is the result of neglect or an accident involving another person or company. You only have a limited time frame in which to file a lawsuit. Speaking with a professional who is well-versed in brain injury lawsuits will walk you through everything you need to know.

Furthermore, working with an attorney almost always increases the compensation received versus settling with an insurance company directly. If you live in Cleveland, Ohio or the surrounding area contact the Cochran Firm Cleveland. A member of their staff will work with you to determine if you have a case and how to best move forward from a legal standpoint. 

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