What is a TBI: A Traumatic Brain Injury Lawyer Explains
Legally Reviewed and Edited by: Terry Cochran
A Traumatic Brain Injury (TBI) is an injury to the brain caused by an external force that can result in physical, behavioral, social, cognitive, and emotional symptoms. Outcomes range from potentially complete recovery to permanent disability or death.
A wide range of occurrences involving a blow to the head can result in a TBI, from car accidents to accidental falls or deliberate violence. It’s possible to sustain a TBI almost anywhere, from the home to the sports field or in a car accident.
If you or a family member suffered a TBI and believe negligence on someone else’s behalf contributed to the injuries, consult with an experienced personal injury lawyer at Cochran, Kroll & Associates, P.C., to get the legal advice you need.
What Determines a TBI?
A TBI is caused by a blow to the head or a penetrating head injury that disturbs the regular function of the brain, but not all head injuries result in a TBI. A TBI, also known as an intracranial injury, is classified depending on:
- The degree of severity, ranging from mild traumatic brain injury (such as a mild concussion) to severe traumatic brain injury (such as permanent brain damage)
- The mechanism (whether it’s a closed or a penetrating head injury)
- Other features, such as whether the injury occurred to a specific part of the brain or a broader area
While mild head injuries heal rapidly, moderate to severe ones can cause significant long-term injuries, ranging from confusion and memory problems for an extended period to life-long cognitive issues or even coma.
Brain trauma occurs due to the complex combination of movement and sudden impact or sudden acceleration or deceleration within the skull. The original injury can result in further complications, affecting the cerebral blood flow and intensifying pressure within the skull.
A TBI is not a one-size-fits-all condition; it’s complex and unpredictable. Both mild and traumatic brain injury can result in lifelong damage, incurring significant medical expenses. Note that serious injury may occur in the brain without any immediate obvious physical indications, which may only manifest later. If you have been in an accident, you should visit your doctor for a check-up as part of your injury case.
Causes of TBI
The most common causes of TBIs in the United States are falls, violence, sports, car or other transportation accidents, and construction.
Falls are the most common type of accident leading to TBI in children and the elderly. In Michigan, 30% of TBIs are caused by car crashes or other motor vehicle incidents, which can result from erratic driving, speeding, or uneven roads, or weather conditions. If you sustained a head injury you believe was caused by another driver, you may be able to file a personal injury claim.
It is estimated that between 1.6 and 3.8 million TBI’s happen annually in the U.S. due to recreational or sports activities.
Domestic violence and random violence, physically or with firearms or other weapons, are also leading causes of TBI. To file a lawsuit in these instances, you must be able to prove beyond reasonable doubt that you know the identity of your assailant.
Industrial or work-related accidents also account for a large number of cases, especially in physically demanding workplaces like construction sites. Blast injuries from explosions in war zones resulting in TBI are the leading cause of disabilities and death for service members of the armed forces.
Individuals may also be subjected to medical malpractice where medical personnel may be responsible for actions that resulted in TBI. This can include injuries at the time of birth or as a result of malpractice during another surgical procedure. In rare cases, improper use of anesthesia may impact the brain as well.
Proof of Negligence
If you or a loved one sustain a TBI due to someone else’s negligence, you’ll need to consider whether you have grounds for a lawsuit and depending on the circumstances in which the damage was incurred and what type of suit.
You must be able to prove that the defendant was negligent through:
- Failing to meet the standard of duty of care toward you (the plaintiff) required by the law
- That the negligent action or lack thereof caused the TBI
- That you have suffered legally measurable injuries or losses, such as lost wages or other financial losses due to medical care and medical bills, as a result
Hiring Cochran, Kroll & Associates, P.C., as your Traumatic Brain Injury Lawyers in Michigan, can help you to ascertain whether you have grounds for a lawsuit, how you will proceed with it if so, help you compile evidence, deal with third parties, and appear on your behalf in court.
Living with a TBI is a considerable burden, and you should seek compensation. The types of compensation you can expect if you win your case can cover current and future medical expenses, lost wages from diminished earning capacity, both mental and physical forms of suffering, and even property damages (e.g., if you were in a car crash).
Time is of the Essence
If you have sustained a TBI and you believe someone else’s negligence caused it, consult an attorney as soon as you can. The statute of limitations for filing a personal injury lawsuit in Michigan is three years from the time of the incident. Exceptions apply if there is a delay between the time the trauma occurs and the brain injury presents itself.
Be sure to file in time to receive the compensation you deserve and consult our attorneys at Cochran, Kroll & Associates, P.C. to determine the time limitation for your case.
File Your TBI Compensation Claim Now
If you or a loved one have suffered a TBI due to the negligence of another and require assistance filing personal injury claims contact Cochran, Kroll & Associates, P.C. today. Call us at 1-866-MICH-LAW to schedule your free consultation with an experienced personal injury lawyer.
At Cochran, Kroll & Associates, P.C., our attorneys have a wealth of experience fighting for justice for our clients in personal injury cases, including those resulting in traumatic brain injuries. Senior Partner Eileen Kroll is a nurse-attorney who brings her extensive medical background to the legal field to assist our personal injury clients. With her previous experience in healthcare, she can provide an insightful perspective on your case and interpret your medical records for evidence.
We fight insurance companies, large medical product manufacturers, and trucking companies on behalf of our clients when they feel understandably overwhelmed by the challenges involved. Our firm works on a contingency basis, which means we only get paid if we win your case. The risk to you is minimal, making it possible for anyone to pursue fair compensation without fear of financial repercussions.
The Brain Injury Association of America (BIAA) is the voice of those affected by brain injuries and offers help, hope, and healing to those in need. The BIAA offers a toll-free National Brain Injury Information Center at 1-800-444-6443 and other resources at its website.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.