Personal Injury Law Firm

Common Causes of TBI in Personal Injury Cases

PHOENIX AZ

Table of Contents

Nursing Home Abuse Attorney

Typical causes of TBI in personal injury cases are falls, motor vehicle crashes, sports injuries and assaults. These types of incidents often result in mild or severe brain injury, symptoms of which can persist for weeks or more. Falls are most reported among adults and older people, while car and bike crashes cause many brain injuries in all age groups. Sports injuries, frequently from contact sports, are a major contributor, particularly in youth. Assaults and workplace accidents complete the list of common culprits. Being aware of these sources assists in identifying hazards and directing preventive measures. This next section examines these causes, providing more detail on each and its influence on day-to-day life and legal claims.

Key Takeaways

  • Traumatic Brain Injuries (TBI) arise most commonly from vehicle collisions, slips and falls, work-related incidents, violent assaults, and defective products and impact individuals of all ages around the world.
  • Knowing the injury mechanism, whether it was caused by direct impact, sudden acceleration or deceleration, blast waves, or oxygen deprivation, is critical to identifying and treating TBIs.
  • Personal injury cases involving the common causes of TBI can be difficult to prosecute. Proving negligence requires careful evidence gathering, expert testimony, and detailed medical records and bills.
  • Many TBIs exhibit invisible or delayed symptoms, so timely medical evaluation, neuropsychological testing and awareness are key to proper diagnosis and support.
  • Pre-existing conditions can complicate TBI claims, so transparent records and seasoned legal support are advised to avoid liabilities.
  • Compensation for TBI varies widely depending on severity. For legal cases, as well as quality of life, expert testimony and robust medical evidence can be instrumental.

The Most Common Causes of TBI

Traumatic brain injuries (TBI) can occur in a variety of environments and affect individuals across all age groups. Falls are the leading cause of severe traumatic brain injuries, accounting for 52% of cases requiring hospital care. Car crashes, which represent 20% of TBI cases, follow closely behind, with sports, work accidents, and assaults trailing. Males, children, and adults up to 24 and over 75 are most at risk. While only 10% of TBIs affect older adults, they account for half of head injury fatalities. Mild TBI is most common, but even these can lead to long-term complications.

  • Falls (household, public spaces, elderly, children)
  • Vehicle collisions (cars, motorcycles, pedestrians)
  • Workplace incidents (falls, equipment, hazardous industries)
  • Violent assaults (personal violence, domestic, criminal acts)
  • Defective products (helmets, safety gear, manufacturing flaws)

1. Vehicle Collisions

Motor vehicle accidents are a huge factor in traumatic brain injuries. Crashes can cause direct head trauma from abrupt halting or impact with unyielding surfaces, leading to both mild and severe brain damage. Motorcycle riders suffer more because they’re less protected, while speeding and reckless driving almost always aggravate injuries. Pedestrian accidents in bustling cities are on the increase, with walkers having minimal protection in a collision, resulting in potential effects such as permanent disability.

2. Slips and Falls

Everyday accidents, such as falling on a wet floor or tripping over clutter, are more common than you may think and can lead to severe traumatic brain injuries. In public spaces, factors like bad lighting, absent handrails, or uneven floors increase the risk of traumatic head injuries. Babies and seniors are particularly vulnerable to falls, which can be deadly for these populations. Falls are the leading cause of TBI hospitalizations and can result in lasting effects such as headaches and memory problems.

3. Workplace Incidents

Workplaces with intense equipment use or heights, such as construction sites or factories, come with a higher risk of severe traumatic brain injuries. Safety rules and gear are critical in preventing head injuries, as even a minor error can lead to serious injury. Employers may face liability if safety standards aren’t met, emphasizing the need for proper education and equipment like helmets to reduce the risk of traumatic brain injury.

4. Violent Assaults

Assaults, such as domestic and street violence, are a major source of severe traumatic brain injuries (TBI). The blow frequently leaves concussions or worse, potentially leading to permanent brain injury, and the mental cost can endure. Victims face health and legal barriers to compensation, but with the support and resources of the community, those affected can confront both physical and mental recovery.

5. Defective Products

Defective products, such as helmets or safety equipment, can fail when it’s needed most, resulting in severe traumatic brain injuries or exacerbating existing conditions. While manufacturers must adhere to strict safety guidelines, occasional lapses occur. Customers who discover faulty products can file personal injury claims, and some cases have led to improved product standards following settlements or trials.

Understanding the Injury Mechanism

Traumatic brain injury (TBI) arises from injuring forces to the brain, with falls being the leading worldwide cause, accounting for more than half of severe traumatic brain injuries. Car crashes, sports accidents, and military explosions also contribute to the potential effects of brain damage. The corresponding injury patterns of each are contingent on how the force is applied, the mechanics of brain movement within the skull, and any interruptions to the oxygen supply.

Direct Impact

A direct impact to the head, such as a fall, a sports-related hit, or an assault, can result in acute brain injury. The impact frequently causes brain concussions, skull fractures, or internal hemorrhaging. More forceful blows, such as falling from a height or being hit by a heavy object, may cause nastier injuries such as contusions or hematomas.

Headaches, confusion, nausea, or momentary unconsciousness immediately following a direct hit. Not all symptoms appear immediately; some manifest hours later. Even minor head injuries can cover deeper issues. It’s important to see a doctor after any blow because certain injuries deteriorate. Early intervention can reduce the impact.

Sudden Acceleration

Violent head motion, as in a car crash, can damage the brain without any impact to the skull. When the head halts or moves abruptly, the brain slides within the skull. This results in coup-contrecoup injuries, in which the brain bounces against and injures both sides of the skull. Diffuse axonal injury, the most frequent traumatic brain injury type, occurs when brain fibers snap or tear. This accounts for approximately 70 percent of traumatic brain injury cases.

Wearing seatbelts mitigates the risk of these injuries in crashes. Without them, the head is more apt to whip forward and back, amplifying the potential for DAI and other trauma.

Blast Waves

Explosions cause blast waves that can damage brain cells with no impact or visible injury. This injury is observed frequently in military environments but in certain industrial accidents. Detecting blast TBIs is challenging. Symptoms can be subtle or take time to appear. Veterans experience these lingering effects differently. These effects include memory loss, mood disorders, and cognitive difficulties.

From here, they’re trying to decode how blast waves wreak havoc on brains. Research connects these injuries to continuing neuron loss in the hippocampus and alterations in brain-cell metabolism, which can persist for months or years.

Oxygen Deprivation

Anoxic brain injury occurs when the brain becomes oxygen deprived, whether through drowning, choking, or cardiac arrest. The more time the brain is oxygen deprived, the greater the chance of permanent damage. Symptoms vary from temporary confusion and memory loss to permanent disability.

We need to act fast if we’re going to get oxygen flow restored. Just a couple minutes without oxygen can lead to cellular death and chronic issues with motor function or recall. The threat of continuous damage, such as mitochondrial alterations in neurons, turns early intervention into the key for improved prognosis.

Proving Negligence in TBI Cases

Proving negligence in TBI cases follows a distinct approach, emphasizing demonstrating how someone else’s conduct caused damage. Four main steps must be shown: duty, breach, causation, and damages. First, the defendant must owe a duty of care to the injured individual. Take a bus driver, for instance. He or she must drive carefully for passengers’ safety. If the driver texts and crashes, that might demonstrate a breach of duty.

Following duty and breach is causation, which involves demonstrating that the defendant’s conduct was the cause of the brain injury. In many cases, this isn’t always clear. For example, an individual may have a prior head injury that was aggravated following a motor vehicle crash. The law states that the defendant is responsible for any new injury or if the accident exacerbated a pre-existing condition. Damages are the last step and require proof that the injury resulted in actual loss, such as a need for continued care or loss of work.

  1. Demonstrate duty of care: the defendant owed a duty to act safely.
  2. Demonstrate breach: the defendant did not act like a reasonable person would.
  3. Show causation—the breach led to the TBI.
  4. Demonstrate harm. The TBI caused losses or expenses for the injured individual.

Collecting solid evidence is crucial in personal injury claims. This might encompass accident reports, photos, and witness statements indicating how the crash or fall occurred. They require medical records to prove the extent of the brain injury, such as concussion symptoms or evidence of severe brain damage. In jurisdictions like Texas, the doctrine of comparative fault impacts what a person can recover from a claim. If the injured party is more than 51% at fault, they can recover nothing.

Expert testimony is typically employed in TBI cases. Doctors and specialists can detail the injury and its impact on the client’s life. Their testimony assists in connecting the negligent act to the brain injury. Documenting all of the treatment, expenses, and lifestyle modifications is important. All this evidence goes a long way toward demonstrating the actual consequences of the injury.

Nursing Home Abuse Attorney

The Challenge of Invisible Injuries

TBIs, often termed as “invisible injuries,” can lead to severe traumatic brain injuries that aren’t always outwardly apparent. Many individuals with TBI encounter genuine challenges, such as headaches and cognitive deficits, without any visible indication of damage. These injuries, frequently overlooked, can disrupt one’s life, affecting work, relationships, and daily routines, leaving victims dismissed or questioned by those around them.

  • Difficulty recognizing the presence and impact of injury
  • Delayed onset of symptoms, complicating care and legal claims
  • Emotional distress from skepticism or lack of visible proof
  • Long-term disruptions to personal, social, and work life
  • Barriers to diagnosis due to inconsistent or hidden signs
  • Stigma and lack of understanding from peers or insurers

Delayed Symptoms

Symptoms from a TBI don’t always manifest immediately following an accident. Others feel fine initially and then develop dizziness, headaches, or confusion days, even weeks after the event. This delayed onset can make it difficult to link the symptoms to the initial injury. Physicians have a critical part in informing patients what to look for after a strike to the head.

Continued observation is key, as delayed symptoms can indicate underlying concerns. Rapid screenings catch them before it is too late, and patients should not dismiss new or worsening problems. Prompt medical examinations can impact your recovery and legal case.

Subjective Complaints

Evaluating TBIs is difficult because a lot of the symptom complaints are subjective and difficult to quantify. One complains of blurry vision, another that they feel ‘off,’ but there’s no evidence in tests. These subjective reports can complicate legal cases.

Insurers can be skeptical of claims supported solely by a person’s narrative, so comprehensive medical examinations and symptom diaries assist in providing evidence for these experiences. The breadth of symptoms makes each case a unique challenge that requires detailed investigation.

Diagnostic Hurdles

Doctors can have trouble identifying TBIs with routine scans such as MRIs. Certain injuries are too subtle for these instruments to detect. Advanced neuroimaging can assist, but it’s not always accessible.

Frequent training for health care teams ensures they remain current on how to identify invisible TBIs. This aids in more accurate diagnoses of invisible injuries.

Pre-existing Conditions

If you already had brain or nerve problems, new TBIs can be difficult to parse. Insurers will say new symptoms are from old problems, not the accident.

Describing all past and current injuries is critical in such instances. Seasoned lawyers are frequently required to assist victims in receiving proper care and assistance.

How Injury Severity Shapes Your Claim

The severity of a TBI tends to alter the trajectory of a personal injury claim. Severity goes beyond just the compensation size. It influences the care needs, life changes, and types of evidence required to ensure a fair settlement.

Checklist for Factors That Influence Claims Based on Injury Severity:

  • Type and grade of TBI: Simple cases like mild concussions may heal in weeks, while severe injuries can mean lifelong care and major changes to daily living.
  • Long-term care costs: Care costs go up fast with severe TBIs. A $1 million payout sounds like a lot, but if care needs come to $5 million, that doesn’t cut it. This can include rehabilitation, ongoing therapy, special equipment, and home care.
  • Impact on daily life: TBIs can change how a person thinks, acts, or relates to others. Even a mild TBI can lead to headaches or memory lapses that interfere with your work or studies. In severe cases, it can cause mood swings, significant behavior changes, and loss of independence.
  • Work and earnings: If a person cannot work as before, claims account for lost wages now and in the future.
  • Quality of relationships: Brain injuries can stress family life and friendships. Emotional shifts or personality changes can cause you to drift apart.

Differences in Compensation for Mild Versus Severe TBIs: Settlements for mild TBIs, like concussions, may range from $329,000 for ongoing symptoms. For more moderate ones, they can receive higher settlements but generally remain in the six-figure range as well. Severe TBIs, meanwhile, pull in much larger amounts, with $4.9 million for permanent impairments or $16 million for catastrophic changes in mood, memory, or behavior. This gap represents increased care costs and the more profound life impact.

Role of Medical Evidence in Legal Claims: Medical proof is key. Comprehensive records—from scans to follow-up visits—assist in indicating the injury’s seriousness and the necessity of treatment. Specialists’ testimony can detail both acute symptoms and future risk, allowing the court or insurer to truly understand the impact. Without solid proof, claims can be less than actual.

Importance of Long-term Implications: Brain injuries can last a lifetime. While symptoms recede for some, others endure permanent pain, mood shifts, or care requirements. Your full damages might not appear immediately, so knowing the long-term dangers assists in establishing reasonable claim amounts.

The Role of Expert Testimony

About expert testimony. Brain injuries, particularly severe traumatic brain injuries, are complicated and not necessarily easy to demonstrate with scans or simple tests. Often, the other players in a case—such as the judge or jury—lack medical knowledge. Expert testimony can intervene and clarify medical facts in layman’s terms to ensure we all comprehend the extent of an injury. This assists in unraveling the mystery of how the injury occurred and how it impacts one’s life.

Expert witnesses are instrumental in demonstrating causation for the brain injury and its severity. Neurologists can discuss brain function and the potential effects of traumatic brain injury. Neuropsychologists can test for changes in memory, mood, or behavior and explain what those changes mean for the person’s life. Occupational therapists may assist in demonstrating what the individual is capable or incapable of doing post-injury. Life care planners and economists can project forward and calculate future costs of treatment, care, or lost wages. Each expert provides a different piece of the narrative, bolstering the argument and illuminating the case for everyone.

Selecting experts is not a hasty process. It is crucial to select individuals with actual working experience in brain injuries, especially those involving closed head injuries. Lawyers have to locate individuals who have the appropriate expertise and can communicate to a jury or judge effectively. If the experts aren’t well selected, their opinions may not be worth much in court. Good experts will provide facts, not just opinions, and will base their responses on science and real-world experience. They can assist attorneys in identifying what aspects of a case require additional development or where the opposing narrative may stumble.

In court, the voice of the expert shapes the jury’s perception of the entire case. An articulate, soothing expert will aid the jury in believing the facts and perceiving the true impact of the injury. Expert testimony can prevent the opposition from making assertions that don’t align with reality. In TBI cases, this can be the difference between winning or losing a personal injury lawsuit.

Conclusion

Brain injuries alter lives in moments. Car crashes, slip and falls, and hits in sports stand out as leading causes. Doctors and lawyers alike need hard facts to get people the justice they deserve. Mild hits are frequently missed, but they hurt work and home life just as much. Expert voices assist courts in navigating these difficult cases. Every case is different, so no two claims are alike. They deal with stress, pain, and unsolicited bills. To find out more or to receive assistance with a TBI claim, consult a trusted medical or legal professional. Great tips go a long way. Be careful, be aware, and speak up if you require assistance.

Frequently Asked Questions

1. What are the most common causes of traumatic brain injury (TBI) in personal injury cases?

Among the frequent causes of severe traumatic brain injuries are road traffic accidents, falls, sports injuries, and workplace incidents, which typically entail some form of abrupt head trauma.

2. How does the mechanism of injury affect a TBI claim?

Describes the injury mechanism — how the brain was injured in a traumatic event. This fact supports liability by establishing how the injury occurred and linking it to the party at fault, which is key to a winning personal injury claim.

3. Why is proving negligence important in TBI cases?

By proving negligence, you are demonstrating that another person or party was responsible for the traumatic event, which is crucial for obtaining compensation for medical expenses, lost wages, and other damages.

4. What makes TBIs “invisible injuries” in legal cases?

TBIs, including mild traumatic brain injury concussions, do not manifest obvious physical evidence. Symptoms like memory loss or headaches are invisible, complicating personal injury claims in the absence of medical evidence.

5. How does injury severity impact the value of a TBI claim?

More serious traumatic brain injuries (TBIs) frequently result in more compensation. Such severe head injuries typically require more extensive treatment and can lead to permanent brain damage, both contributing to higher claim values.

6. What role do expert witnesses play in TBI cases?

Specialists discuss the effects of severe traumatic brain injuries and what lies ahead in plain language. Their testimony assists judges and juries in understanding medical evidence.

7. Can mild TBIs still result in substantial claims?

Yes, mild TBIs can cause persistent symptoms and life disruption. If these effects are demonstrated, a claim can still lead to substantial damages.

Suffered a Traumatic Brain Injury? Don’t Wait—Get the Legal Help You Deserve

At Phoenix Injury Attorneys, our Traumatic Brain Injury Lawyer team understands how life-changing a serious head injury can be. You may be facing extensive medical treatment, rehabilitation, lost wages, and an uncertain future. You deserve answers, accountability, and the compensation needed to move forward.

Led by Khalil Chuck Saigh, our Arizona-based legal team investigates the cause of your injury, works with medical experts, and builds a strong case against those responsible. We fight for damages that cover medical expenses, ongoing care, lost income, pain and suffering, and the long-term impact on your quality of life.

If something feels unfair about how your case is being handled, trust your instincts. Contact us today for a free, confidential case review. Let us hold negligent parties and insurance companies accountable while protecting your rights and your future.

Disclaimer:

This article is provided for general informational and educational purposes only and should not be interpreted as professional medical advice, diagnosis, or treatment. The information shared here is intended to increase general understanding of health and safety topics but may not reflect the most current medical standards or legal requirements. Always seek the advice of your physician, healthcare provider, or another qualified medical professional regarding any medical questions, conditions, or injuries you may have. Never disregard professional medical advice or delay seeking it because of something you have read here.

If you have questions about your legal rights, potential claims, or responsibilities following a dog bite or other personal injury, consult a licensed attorney in your jurisdiction who can provide advice based on your specific situation and applicable local laws. The authors and publishers of this content assume no responsibility or liability for any damages or outcomes resulting from reliance on the information contained herein.

Share this post