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Louisville Traumatic Brain Injury Attorney
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The Centers for Disease Control and Prevention (CDC) reports that over 2.5 million people suffer from a traumatic brain injury (TBI) every year in the US. Suffering a traumatic brain injury is a tragic and life-changing event that can cause permanent alterations in the victim’s cognitive abilities, personality, and emotions.
The Kentucky Safety and Prevention Alignment Network finds that in 2021, there were 246 TBIs attributed to unintentional falls and 187 as the result of unintentional motor vehicle accidents in Kentucky.
The victims of a brain injury and their families may feel grief, devastation, and anger as their lives are irrevocably changed. If the injury was another person’s fault, the victim may be entitled to compensation for the hefty financial burden caused by medical bills, as well as for pain and suffering that their lives may forever be dictated by. If you and your family have been put in this situation, contact a Louisville traumatic brain injury lawyer to begin working on your case.
An attorney experienced in helping victims with catastrophic injuries will have the training and experience to procure a legal settlement in the event of a traumatic brain injury in order to offset medical costs and offer some relief to the victim and their family.
Types of Brain Trauma
The severity of a traumatic brain injury varies greatly, and this may impact the outcome of a settlement in court. There are two types of traumatic brain injuries: closed and open. In a closed brain injury, the victim sustains a forceful blow to the head without fracturing the skull.
The head trauma might occur as a victim’s head smashes against a hard surface, is hit by a blunt object, or is violently shaken, damaging brain tissue. Closed head injuries can cause dangerous complications like bruising, swelling, or bleeding inside of the skull.
An open brain injury is when the skull is fractured, creating an open wound in the head. The trauma might be the result of a bullet piercing the skull or a forceful blow that cracks the skull. Open wounds have the additional risk of infection and other complications.
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Levels of Traumatic Brain Injuries
When assessing a traumatic brain injury, doctors assign one of the three following levels:
Mild (Concussion): Someone who has a mild TBI most likely will be concussed. They might have experienced a few seconds or minutes of unconsciousness. It is also likely they did not pass out at all. This level of TBI often includes balance impairments, headaches, dizziness, and vision problems.
Moderate: A person with a moderate TBI will often seem lethargic. They might only open their eyes if they are stimulated by something like someone calling out their name.
Severe (Coma): With a severe TBI, the patient will likely be in a coma for more than six hours.
Whether mild or severe, a traumatic brain injury requires intensive medical care and recovery in order minimize the effects of the damage and allow the victim the best recovery possible. Even with proper medical attention, the lives of many who sustain a traumatic brain injury are permanently changed. Victims of a traumatic brain injury may have speech, comprehension, concentration, and memory problems permanently.
Often, these victims cannot hold jobs or return to the lives they led before their accidents. In cases of serious brain damage, they may have permanent need of a nurse or caregiver, which a Louisville traumatic brain injury lawyer will incorporate into the injury claim.
Signs of a Traumatic Brain Injury
Traumatic brain injuries vary from mild to severe for both closed and open brain injuries. In the case of a closed head injury, the individual may not immediately realize the severity of the damage until signs begin to manifest hours or even days later.
Signs of a traumatic brain injury may include:
- Brief loss of consciousness
- Confusion or disorientation
- Trouble remembering recent events
- Extreme fatigue or lethargy
- Nausea and vomiting
- Dizziness
- Severe headaches or migraines
- Blurred vision or sensitivity to light
- Ringing sound in the ears
If any of these symptoms appear after an individual sustains head trauma, it is necessary to seek immediate medical attention. In severe cases, victims of traumatic brain injury can fall into a coma or a vegetative state, and the injury can be fatal.
Non-Traumatic Brain Injuries
While traumatic brain injuries occur because of some external factor, a non-traumatic brain injury happens from internal factors. Typically, these would be disturbances to the blood flow to the brain or infections. Common causes of non-traumatic brain injuries can include the following:
- Medical errors
- Exposure to toxic chemicals
- Viral infections
These types of injuries could potentially fall under the category of medical malpractice.
Filing a Brain Injury Lawsuit
The severity of the brain damage will affect the outcome of a court settlement. Medical costs as well as pain and suffering will be taken into account for the sake of the settlement. Survivors of a traumatic brain injury may require lifelong adjustments to accommodate for the physical, psychological, and social handicaps caused by the brain damage.
If a traumatic brain injury was caused by the negligence of another person or entity, the victim may press charges in a personal injury claim to hold the party at fault accountable. A traumatic brain injury attorney in Louisville can help clients get the compensation they deserve.
Many traumatic brain injuries happen in car crashes, bicycle or motorcycle accidents, falling incidents, contact sports, and as a result of violent crimes such as gunshots. Some cases may be the result of a defective product like a faulty seat belt and could lead to a product liability claim against a manufacturer.
Benefits of An Attorney
Unlike many other injuries to the body that are more physical and can heal with time and therapy, injuries that affect brain tissue can permanently alter and diminish cognitive abilities, personality, and the range of emotions of the victim.
The painful aftermath of a traumatic brain injury warrants compensation for the pain and suffering of the victim and their family, and a legal settlement could provide necessary assistance with medical bills. Get in touch with a experienced personal injury attorney from McCoy & Hiestand, PLC to learn how we can potentially help.