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Understanding Traumatic Brain Injuries

Welcome to the Traumatic Brain Injury Legal Guide provided by the Spinal Cord Injury Lawyers, where we aim to provide you with comprehensive information about severe injuries such as traumatic brain injuries. Due to the severity of the accident and the dangerous forces and energies that may exist in a high speed accident or other accident scenarios, many victims of traumatic brain injuries also suffer from a spinal cord injury. Here you can learn about the causes of many types of traumatic brain injuries , but also possible legal options for payment of monetary losses and damages to the victims.

Our mission as head injury and spinal injury lawyers is to help you understand these complex injuries, navigate the legal system and seek justice and financial compensation if you or a loved one has had a brain injury.

Introduction to Traumatic Brain Injuries

A traumatic brain injury (TBI) is a complex medical condition resulting from a sudden and violent blow or jolt to the head leading to damage to the brain. Traumatic brain injury can range from mild concussions to severe injuries with long-lasting consequences. They are often referred to as “invisible injuries” because, in many cases, their effects may not be immediately apparent. Some brain injury patients sustain skull fractures, brain tissue damage, damage to the blood vessels, skull fractures, and penetrating brain injuries from car and truck accidents. gunshots, falls, rollover accidents, motorcycle accidents, semi-truck accidents and other violent accidents. No matter how brain injury was caused, the treatments are usually similar.


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Common Causes of Traumatic Brain Injuries

Traumatic brain injuries (TBIs) are a significant health concern with various causes leading to their occurrence. Among these causes, four primary causes of brain injuries that stand out:

Falls are the foremost cause of traumatic brain injuries, affecting individuals across all age groups. Among older adults, falls are particularly prevalent and often result in severe TBIs due to factors such as decreased bone density, muscle weakness, and impaired balance. In children and younger adults, falls from playground equipment, stairs, or sports-related activities are common sources of head trauma.

Many TBI’s are caused by falls in an industrial setting during construction, being hit by falling objects, falling from scaffolding, falling off roofs, falling down open shafts and open holes, and lack of proper barricades. Environmental hazards and poor lighting and signage dark areas, slippery surfaces or uneven terrain, further increase the risk of falls. While some falls may lead to minor injuries, others can result in significant brain damage, especially if the head sustains a direct impact with the ground or a hard surface.

Motor Vehicle Accidents & Collisions involving automobiles, motorcycles, bicycles, ATVs and pedestrians are a major cause of traumatic brain injuries. The forces generated during these accidents and especially in large truck, SUV & truck rollovers, including sudden deceleration or acceleration, can cause the brain to impact the skull, leading to injury.

Factors such as speeding, distracted driving, driving under the influence of alcohol or drugs, and failure to use seat belts or helmets significantly increase the likelihood and severity of TBIs in motor vehicle accidents with ejections at highway speeds. Even with advancements in vehicle safety features, such as airbags and crumple zones, TBIs remain a significant concern in traffic-related incidents due to the energy and velocities involved.

Intentional Assault and Acts of Violence, including physical assaults, domestic violence, and firearm-related incidents (gunshots), contribute substantially to the incidence of traumatic brain injuries. Blunt force trauma to the head or penetrating injuries caused by weapons, bats and clubs can result in severe brain damage. Assault-related TBIs often have profound physical, cognitive, and emotional consequences for the individuals affected. 

Sports and Recreational Activities: Participation in contact sports, such as football, hockey, soccer, diving, and boxing, poses a significant risk of traumatic brain injuries, particularly concussions. The repetitive head impacts and collisions inherent in these sports can lead to cumulative brain damage over time.

Additionally, recreational activities such as biking, skateboarding, skiing, and horseback riding carry the risk of falls or collisions that can result in TBIs. Despite increased awareness and efforts to improve safety protocols, sports related TBIs remain a prevalent issue, necessitating ongoing education, proper equipment use, and timely medical evaluation and management.

In conclusion, falls, motor vehicle accidents, assaults, and sports/recreational activities are the leading causes of traumatic brain injuries. If you or a loved one have suffered a traumatic brain injury because of an accident that was caused in whole or in part by the negligent acts of another, please call us to discuss your legal rights to collect damages for your injuries.

Understanding the Types of TBIs

Traumatic brain injuries are categorized into three main types:

  • Symptoms: Headache, dizziness, confusion, memory problems and sensitivity to light and noise.

  • Prognosis: Most individuals with mild TBIs recover fully with time and rest, but some may experience post-concussion syndrome.

  • Symptoms: Prolonged loss of consciousness (more than a few minutes), amnesia and more severe cognitive impairments.

  • Prognosis: Recovery varies, with some persons regaining significant function, while others face long-term challenges.

  • Symptoms: Prolonged loss of consciousness, profound cognitive deficits and significant impairments in motor function.

  • Prognosis: Recovery from severe TBIs can be limited, and many persons may require ongoing care and rehabilitation.

Immediate and Long-Term Effects
of Traumatic Brain Injuries

Physical Effects of a TBI

  • Motor function: Weakness, paralysis or loss of coordination.

  • Sensory changes: Vision or hearing problems, altered sense of touch or taste.

  • Speech and language: Difficulty speaking or understanding language.

Cognitive Effects

  • Memory problems: Difficulty with short-term or long-term memory.

  • Attention and concentration: Difficulty staying focused or paying attention.

  • Problem-solving: Challenges in reasoning and decision-making.

Emotional and Behavioral Effects

  • Mood swings: Emotional instability, irritability or depression.

  • Impulsivity: Difficulty controlling impulses and behaviors.

  • Social challenges: Difficulty with relationships and social interactions.

Long-Term Consequences

  • Chronic Traumatic Encephalopathy (CTE): Repeated TBIs can lead to a degenerative brain condition known as CTE, often associated with athletes.

Diagnosing and Treating Traumatic Brain Injuries


  • Clinical evaluation: Medical professionals assess symptoms, perform neurological exams and review medical history.

  • Imaging: CT scans and MRIs can help identify brain abnormalities.

  • Neuropsychological testing: These assess cognitive function and identify deficits.


  • Mild TBI: Rest and symptom management.

    Moderate to severe TBI:

  • Hospitalization, surgery, rehabilitation and long-term care.

  • Therapies: Physical therapy, occupational therapy, speech therapy and counseling.

Legal Rights and Options for TBI Victims

If you or a loved one has suffered a TBI due to the negligence or wrongful actions of another party, you have legal rights and options in order to claim payments for your losses, including medical and hospital costs, lost present and future wages and the pain and suffering you have endured.

Among your legal options for a TBI claim are:

A personal injury claim may be appropriate if your TBI resulted from an accident caused by someone else’s negligence. That would include motor vehicle accidents, car and truck collisions, rollover accidents, industrial accidents, fall incidents, and other situations where another party was at fault. To succeed in such a personal injury claim, you must demonstrate:

  • Duty of care: You must show that the at-fault party owed you a duty of care, as when drivers owe a duty to operate vehicles safely.
  • Breach of duty: You must show that the at-fault party breached their duty of care, as by driving recklessly or maintaining hazardous premises.
  • Causation: You must show that the breach of duty directly caused your TBI.
  • Damages: You must show that you suffered actual damages, such as medical expenses and lost present and future wages.

In cases where a defective product led to your TBI, such as a faulty helmet in a cycling accident, roof defect collapse in a SUV or truck rollovers, ladder fall accidents and bad airbags and other products you may have grounds for a product liability lawsuit. Manufacturers and distributors have a legal responsibility to ensure their products are safe when used as intended. If a defective product led to your injury, you could seek compensation from the responsible parties.

If your TBI resulted from medical negligence, such as errors during surgery or inadequate anesthesia management, you may have a medical malpractice case. Medical professionals are held to a high standard of care, and deviations from this standard can result in severe injuries.

To pursue a medical malpractice lawsuit, you must establish:

  • Doctor-patient relationship: That a doctor-patient relationship existed, establishing a duty of care.
  • Breach of standard of care: That the healthcare provider deviated from the accepted standard of care.
  • Causation: That the breach of the standard of care directly caused your TBI, must be established by a competent expert in the field of medicine or other similar field and approved by the court.
  • Damages: That you suffered injuries and damages as a result.

If your TBI occurred while you were on the job, you may be eligible for workers’ compensation benefits. These benefits can cover medical expenses and a portion of lost wages while you recover. Workers’ compensation claims do not require proof of negligence. You only need to demonstrate that the injury occurred in the course of your employment. However, if your injuries were caused in part by the negligence of a third party, contractor,, subcontractor product maker or others, then you may have the right to file a third party lawsuit against that entity. It is important that consult an attorney early to preserve that right, gather the evidence and prepare a lawsuit.

For persons with severe and long-lasting TBIs that result in disability, Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits may be available. These benefits provide financial assistance to persons who are unable to work due to a disabling condition. The application process can be complex, but it can provide crucial support for injured persons and their families.

Why Choose a Spinal Cord Injury Lawyer?

Our experienced team at Spinal Cord Injury Lawyers have decades of experience in handling SCI & TBI cases resulting from accidents caused by third parties. We have a deep understanding of the medical and legal complexities involved in TBI and SCI claims.

Here’s why you should choose us:

  • Expertise:

    We have a proven track record of successfully representing TBI clients.

  • Compassion:

    We understand the challenges you face and are committed to providing empathetic support throughout your legal journey.

  • Resources:

    We have access to medical experts, investigators and financial resources necessary to build a strong case.

  • Dedication:

    We are relentless in pursuing the compensation and justice you deserve.

No Fees or Expenses if No Recovery

Traumatic brain injuries are devastating, impacting every aspect of an individual’s life and their spouse and children. If you or a loved one has suffered a TBI due to the negligence of a third party, it is crucial to understand your legal rights and options.

Seeking skilled and experienced legal representation is the first step in pursuing compensation for the damages and losses you’ve endured. Our team of Spinal Cord Injury Lawyers stand ready to guide you through this challenging process and fight for your legal rights. Contact us today for a free consultation to discuss your TBI case and to take the first step toward justice and financial recovery.

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