Do you need help initiating a brain injury lawsuit? Call Tom Wilmowski at 314-860-1644 or reach out through our online contact form for a free case evaluation. Our firm has been fighting for victims of TBI and other catastrophic injuries for over a decade.
Traumatic brain injuries are among the most serious and life-changing types of injuries individuals can sustain. While these injuries can sometimes appear minimal to others, the victims of these injuries often suffer debilitating complications for years after their accident or even the rest of their lives. In worst-case scenarios, victims of traumatic brain injuries may not be able to care or provide for themselves, requiring constant care.
Apart from the medical devastation that victims of traumatic brain injuries may suffer, they will likely also have to undergo a massive long-term financial burden – even in cases where the injury is temporary and non-invasive. Medical expenses, care costs, and the loss of income due to the inability to work can all contribute to a seemingly never-ending spiral of debt. If your traumatic brain injury was caused by a negligent party or as a result of a crime perpetrated against you, seeking damages can help you get above the financial issues that are often associated with these serious and debilitating injuries so that you can focus less on your finances and more on your path to healing.
For victims of TBI residing in Missouri and Illinois, there’s no better choice in representation than Tom Wilmowski. Our firm has extensive experience serving individuals who have suffered a TBI due to car accidents, slip and fall accidents, or any number of incidents where these injuries commonly occur. Call our firm at 314-860-1644 or reach out through our online contact form and a personal injury lawyer will be in contact with you right away.
What is a Traumatic Brain Injury?
A traumatic brain injury, sometimes shortened to TBI, is a term used to describe any type of brain injury that is caused by an external force, such as a car accident or falling down the stairs. Traumatic brain injuries sometimes only result in minor or temporary symptoms, however, in many cases, the consequences of a TBI can become very serious and often require long-term recovery. In these cases of traumatic brain injury, the individual’s condition may even be significant enough to warrant lifelong assistance with essential daily tasks such as getting dressed, cooking and eating, bathing, and shopping.
Because TBIs can range so drastically in seriousness, treatment, and outlook, it’s crucial for individuals to seek immediate medical attention if they suffer any type of blow to the head–big or small. Traumatic brain injuries often accelerate in severity in a matter of days or hours if symptoms are ignored. If treatment is delayed, TBIs can become a lifelong condition or even result in death.
Types Of Brain Injuries
As mentioned in the previous section, there are many different types of traumatic brain injuries, each with its own set of symptoms and characteristics. Here are a few of the more common traumatic brain injuries that our clients have suffered from:
- Concussion: A concussion is possibly the most common form of TBI; over 30% of adults report having one at some point in their lifetime. This mild type of TBI is caused by a blow or jolt to the head that disrupts normal brain function. Concussions may result in symptoms such as headaches, dizziness, confusion, nausea, and sensitivity to light or noise.
- Contusion: A contusion is a bruise or bleeding on the brain, often caused by a direct impact on the head. Contusions can lead to localized damage and swelling within the brain tissue, resulting in neurological symptoms.
- Diffuse Axonal Injury: DAI occurs when the brain’s nerve fibers (axons) are stretched, torn, or sheared due to rapid acceleration or deceleration forces. This type of injury disrupts communication between brain cells and can result in widespread damage to white matter tracts.
- Penetrating Injury: A penetrating injury occurs when an object pierces through the skull and enters the brain tissue. Penetrating injuries can cause localized damage to brain structures and often require immediate medical intervention.
- Coup-Contrecoup Injury: Coup-contrecoup injury involves damage to the brain at two points: the site of impact (coup) and the opposite side of the brain where the brain rebounds against the skull (contrecoup). This type of injury can occur when the head undergoes rapid acceleration or deceleration forces.
- Second Impact Syndrome (SIS): Second impact syndrome occurs when a person sustains a second traumatic brain injury before fully recovering from the initial injury. This rare but serious condition can lead to rapid brain swelling and potentially fatal consequences.
If you or a loved one suspect that you may be suffering from one of the types of TBI listed above, it’s essential to seek immediate medical attention. Your doctor will likely look at your individual symptoms and the circumstances surrounding the incident that caused your injury to determine what course of action is best for treatment.
The Most Common Causes Of Traumatic Brain Injuries
Below are a few of the most common causes of traumatic brain injuries according to the Centers for Disease Control and Prevention (CDC). Our law firm has seen many of these injuries firsthand and we have successfully represented our clients in countless personal injury suits in situations where these injuries were sustained as a result of negligence by another person or organization. If you’re looking for help filing a suit of your own, we encourage you to call or text Tom Wilmowski at 314-860-1644 or reach out through our online contact form for a free consultation.
Falls
Out of all TBI-related hospitalizations, over 50% are due to a fall. This is especially true with elderly or young individuals, who are more likely to fall due to limited or unpredictable mobility. These groups are also more susceptible to the effects of TBI. Young children with traumatic brain injuries are more likely to experience a disruption in development, while older individuals may suffer complex cognitive symptoms.
When an individual hits their head as a result of a fall, it’s important to document the details of a fall, especially if the injury occurs in a public place such as a school or restaurant. In some situations, there may be evidence that a second party is responsible for the fall taking place, such as an unmarked wet floor, or poor lighting.
Motor Vehicle Accidents
Traumatic brain injuries that are caused by car accidents or truck accidents are far from uncommon. Traffic accidents happen as a result of collisions, road conditions, poor visibility, or faulty mechanics – all of which may point to the liability of a second party. There may also be situations where a cyclist or pedestrian is hit by a car or truck on a sidewalk, bike lane, or intersection. In these situations and many others, it’s important to accurately document the details of the incident, especially if your head injury is impeding your memory. Doing so can ensure that a solid case can be built on your behalf should you decide to seek damages.
Sports Injuries
There’s a reason why football players wear helmets as opposed to top hats. If an individual is regularly engaged in sports and physical activities, the likelihood of a TBI is incredibly likely, whether it’s hockey, basketball, boxing, or tennis. Hardwood floors, blacktops, and bleachers all pose dangers when it comes to preventing the chance of TBI. If you’re playing recreationally as opposed to on a professional or semi-professional team, you may be playing in close proximity to traffic and poorly maintained facilities such as parks or public courts where potential causes of TBI and other injuries go unchecked.
Violence
According to research by the National Library of Medicine (NLM), 18% of all traumatic brain injuries are due to incidents of assault. These incidents include gunshot wounds, hitting, punching, stabbing, or kicking. Assaults can happen at any time and in a variety of scenarios. If the perpetrator who caused the TBI is caught, a prosecutor will likely charge them with criminal charges, however, the victim or victims in the incident will likely also be able to pursue a civil suit where they seek compensation for their injuries in addition to restitution.
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A former insurance defense lawyer, personal injury attorney Tom Wilmowski prides himself on using his inside knowledge of the insurance industry to obtain maximum value — and often more — for his clients.
Brain Injury Symptoms
Because the brain is the center of the nervous system, brain injury victims will experience a wide range of symptoms that may not only be typically associated with the brain. If you’ve hit your head, and are experiencing any of the following symptoms, see a doctor right away.
- Mental Symptoms: Difficulty with memory, attention, concentration, and problem-solving. Feelings of disorientation, having trouble understanding information, and processing thoughts. Feeling lost or unsure about surroundings, time, or events.
- Physical Symptoms: Persistent or recurring headaches, often accompanied by sensitivity to light and sound. Extreme tiredness and lack of energy, even after minimal physical or mental exertion. Difficulty with coordination, balance, and fine motor skills. Feeling dizzy, nauseous, or experiencing vertigo with movement.
- Emotional Symptoms: Sudden and intense changes in emotions, ranging from irritability to sadness or euphoria. Persistent feelings of sadness, hopelessness, and loss of interest in previously enjoyed activities. Excessive worry, fear, or nervousness about future events or situations. Rapid and exaggerated emotional responses, including crying or laughing uncontrollably.
- Sensory Symptoms: Discomfort or pain in response to bright lights or loud noises. Blurred vision, double vision, or difficulty focusing on objects. Ringing or buzzing in the ears (tinnitus), often accompanied by hearing loss. Changes in the perception of taste or smell, including loss of these senses.
These symptoms often develop rapidly over the following hours or days, but some cases of TBI may not show any initial symptoms at all. While this may seem like an indication of an insignificant TBI, this is not always so. Only a doctor can make accurate decisions on whether or not an injury resulted in a TBI and administer treatments.
How To Diagnose And Treat A Brain Injury
Diagnosing and treating a brain injury requires a comprehensive approach that integrates medical expertise, diagnostic tools, and therapeutic strategies. Initially, a doctor will assess your brain injury case through a thorough medical history review and physical examination. In more serious cases, they may employ neuroimaging techniques such as CT scans or MRI scans to visualize the extent and location of the injury in and around your brain.
If your doctor diagnoses you with a traumatic brain injury, the treatment plan they designate will vary depending on the type and severity of the injury. In cases of mild traumatic brain injury, rest and symptom management might be sufficient for recovery. However, moderate to severe TBIs often require more intensive interventions, including medication to reduce swelling and prevent further brain damage, rehabilitation therapy to regain lost functions, and sometimes surgical procedures to address bleeding or pressure buildup in the brain. Throughout the treatment process, close monitoring and regular evaluations by your doctor are essential to track progress, manage symptoms, and optimize recovery outcomes.
How To Prove Brain Injury in Court
Medical care is not only essential for treating your brain injury, but it’s also the first of many important steps you and your attorney will need to take in order to build a solid case against any liable parties. The medical professional in your case will document the injuries you’ve sustained from the accident and complete a full medical evaluation which will become crucial evidence of not only the seriousness of your injuries but it will also provide insight into the causes of the TBI, the toll it will take on your life, and the financial burden you’ll be faced with.
The actual day of your accident will also become crucial for collecting documentation of what happened and who is responsible. Because of your injuries, you may not have the ability to exchange contact information with witnesses or the at-fault party. As your lawyer, we can communicate with these individuals on your behalf, as well as law enforcement, family members, court officials, and insurance companies and adjusters.
Compensation For Brain Injuries
Once we have all of the necessary information surrounding the incident, we’ll begin building a case by calculating the individual damages you’re owed and eventually filing a personal injury suit, where we will display the evidence we’ve collected and the details surrounding the accident. There are many types of damages you may be entitled to depending on the details of your injury. Here is a short list of damages our firm can pursue on your behalf:
- Medical Expenses: This includes compensation for past and future medical treatment, surgeries, hospital stays, rehabilitation, therapy, medication, and assistive devices related to the TBI.
- Lost Wages and Earning Capacity: TBI can lead to temporary or permanent disability, affecting an individual’s ability to work and earn income. Damages may cover lost wages and potential future earnings impacted by the injury.
- Pain and Suffering: Compensation for physical pain, emotional distress, mental anguish, and diminished quality of life resulting from the TBI and its consequences.
- Loss of Enjoyment of Life: This encompasses compensation for the loss of ability to engage in activities and hobbies enjoyed before the injury due to physical or cognitive limitations caused by the TBI.
- Loss of Consortium: Damages awarded to the spouse or family members for the loss of companionship, support, and services of the injured person.
- Punitive Damages: In cases of extreme negligence or intentional harm leading to the TBI, courts may award punitive damages to punish the wrongdoer and deter similar behavior in the future.
These damages apply to all types of TBI and even to cases of mild TBI. Most medical professionals will order at least two weeks of rest in cases of concussion (if not longer) which means that you will be without pay for this amount of time. An attorney familiar with brain injury law can argue these points and more when it comes to seeking compensation.
Hire a Traumatic Brain Injury Attorney
Regardless of the type of TBI you’ve suffered, or how temporary the symptoms may be, you’ve likely experienced a complete change in the way you’re able to enjoy life or fulfill daily tasks. Driving, socializing, or even leisurely enjoyment such as sunbathing or watching TV are affected by even the most mild cases of TBI. You may also be suffering a whole range of mental health issues surrounding the accident itself–PTSD, depression, and anxiety, are far from uncommon symptoms in traumatic accidents.
Whether these are only temporary setbacks or lifelong issues, seeking damages can at the very least relieve you of the financial problems you’re experiencing as a result of your injury. If you’re ready to get started, call Tom Wilmowski at 314-860-1644 or reach out through our online contact form for a free case evaluation. We can provide you with the support you need every step of the way.
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