Each year in the U.S., hundreds of thousands of people suffer traumatic brain injuries, or TBIs. These injuries often prove fatal, but even those who survive usually find the life they once knew is gone forever. TBI survivors may experience a range of debilitating effects that leave them unable to work, maintain relationships, or even take care of themselves.
At Chappell, Chappell and Newman, our Columbia brain injury attorneys understand how profound and devastating traumatic brain injuries can be. The effects are especially hard to endure when the injuries could have been prevented if another person had only behaved responsibly.
Our lawyers are dedicated to helping TBI survivors protect their rights and hold negligent parties accountable as we work to maximize their financial recovery. Learn how we can help with your brain injury claim by scheduling a free consultation.
How many brain injuries occur each year?
According to the Centers for Disease Control and Prevention (CDC), there were approximately 214,110 traumatic brain injury (TBI)-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021, which is fairly typical for any given year.
This averages out to almost 600 TBI-related hospitalizations and 200 deaths per day in the U.S.
These numbers don’t account for the many TBIs that are treated in emergency departments, urgent care, or primary care settings, or those that go untreated, so the actual numbers of brain injuries and deaths in the U.S. may be significantly higher.
What is considered a traumatic brain injury?
A traumatic brain injury (TBI) is a life-changing injury that can alter the course of one’s life and future. It is, by definition, a very severe injury to the brain that can be extremely debilitating physically, emotionally, and cognitively, and the effects can last forever.
Although medical organizations have different ways of explaining traumatic brain injuries, the definition used by the CDC may be the easiest to understand. The CDC says a traumatic brain injury is “an injury that affects how the brain works.”
A concussion is a mild form of TBI. Moderate or severe TBIs lead to long-term interference with brain function that may never heal. Traumatic brain injuries are often compared to chronic illnesses because people who suffer a TBI frequently live with the effects for the rest of their lives. When the brain does not function correctly, it can be difficult or impossible to speak, concentrate, walk, or complete even the most basic tasks.
What are the symptoms of a traumatic brain injury?
Traumatic brain injuries impact people differently. However, some of the common early signs of moderate to severe TBIs include:
- Agitation and/or combativeness
- Balance and coordination problems
- Confusion and disorientation
- Depression and anxiety
- Fatigue
- Headaches
- Cognitive problems, including difficulties comprehending, speaking, or concentrating
- Mood swings
- Nausea
- Sensitivity to light or sound
- Sleeping problems
If you or a loved one experiences any of these symptoms after an accident, it’s crucial to seek immediate medical care even if the symptoms initially seem mild, as prompt treatment is crucial to preventing more severe complications.
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What are the long-term effects of traumatic brain injuries?
Traumatic brain injuries can impact nearly every aspect of people’s lives, potentially making it difficult for them to communicate, move, or take care of themselves. Many people suffer frequent seizures after a TBI. Brain tissue may become infected, causing meningitis that can spread throughout the body. Damage to blood vessels can lead to dangerous blood clots or strokes.
Treating the causes and effects of traumatic brain injuries can require surgery, physical therapy, speech therapy, powerful medications, and other medical care, often for the rest of the victim’s life. After someone suffers a TBI, they may be unable to work at their former job or even hold any type of gainful employment. They may require assistance with medical needs and even simple tasks such as getting dressed.
While some people find that their condition improves with therapy over time, others see their condition stagnate or worsen.
What are the leading causes of traumatic brain injuries?
A TBI can occur when the brain tissue is bruised or torn after the head is struck, jerked violently, or penetrated by a foreign object. Damage can be severe even when there is no open wound.
Most TBIs occur during car accidents. The sheer force of a collision during a car accident has the potential to cause extreme injuries. When a traumatic wreck occurs, the brain can collide with the interior of the skull, resulting in bruising (contusion) and/or bleeding (brain hemorrhage) despite having no outward signs of injury. Additionally, when the skull strikes an object such as a windshield or steering wheel, the impact can cause blunt force trauma.
Other common causes include slip and fall accidents, work-related accidents, sports accidents, assaults, combat, being hit by an object, or contact during recreational activities.
Common causes of car crashes that lead to TBIs
There are numerous reasons vehicle accidents occur, and most of them are unpredictable. Common causes of serious crashes that lead to catastrophic injuries like TBIs include:
- Aggressive driving or road rage. The high speeds and reckless maneuvers associated with road rage can result in violent collisions like rollovers and brake-check accidents, which often lead to head trauma, TBIs, and other catastrophic injuries.
- Distracted driving. When drivers take their attention off the road, especially on highways or in congested traffic, severe crashes and pileup collisions can occur, leading to head injuries such as concussions or more severe TBIs.
- Driver fatigue. When a drowsy driver drifts off or reacts too slowly, they may cross over the centerline, leading to head-on collisions that result in serious accidents where other drivers or passengers suffer head injuries, including TBIs, due to the violent impact of the crash.
- Road conditions. Poor road conditions, including weather-related issues like icy roads and maintenance-related issues like potholes, can cause vehicles to suddenly lose control and crash, with drivers and passengers hitting their heads during the accident, leading to TBIs.
- Reckless driving. Dangerous behaviors like weaving between cars and speeding through traffic significantly increase the risk of collisions, often resulting in head injuries from the violent jolts or blows during the crash.
- Drunk driving. Impaired drivers often lose control of their vehicles or blow through intersections, leading to high-impact crashes, including dangerous T-bone collisions, which can result in traumatic brain injuries from the sudden and forceful impact.
- Automotive defects. If there are issues with the integrity of the structure of a vehicle or with a mechanical part, it can lead to an accident or fail to protect occupants adequately in a car wreck. Examples include sudden acceleration, defective airbags, defective brakes, improper window glazing, defective seat belts, and much more. The structure of a motor vehicle should also be designed to withstand a crash and protect the occupants. Reasonably foreseeable circumstances should, therefore, be considered in the manufacturing of every car and truck.
- Faulty traffic signals. Malfunctioning traffic lights can lead to collisions at intersections, which often result in severe head injuries from the sudden and forceful nature of these crashes.
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Holding the negligent party accountable for a traumatic brain injury
A person suffering from a TBI can recover compensation if they can prove another person’s negligence caused their injuries.
Negligence is a legal term to describe a situation where someone failed to act responsibly toward others and caused that person damages. The law can hold either an individual person or a company responsible for harm caused by someone’s negligence.
For instance, if a trucking accident leads to a traumatic brain injury, a personal injury lawyer could demonstrate that the driver’s actions caused the accident or that the blame belongs to the company that was negligent in handling repairs on the truck. Businesses might also be held liable if their unsafe premises cause a fall or defective products lead to accidents.
To find out if negligence may have caused your TBI, contact a local Columbia brain injury attorney to discuss your case.
Compensation for traumatic brain injury survivors
TBI survivors who establish liability can receive essential compensation to allow them to move forward after their injuries. While no amount of compensation can restore lost health, financial recovery from a traumatic brain injury lawsuit could include the following types of personal injury damages:
- Past hospital and medical bills
- Future treatment needs like physical therapy and rehabilitation
- Medications
- Travel expenses to and from medical appointments
- Home care for assistance with daily activities
- Modifications to the home or special vehicles
- Physical pain
- Mental suffering
- Loss of consortium
- Lost wages (including future wages when a TBI restricts your ability to work)
Compensation for traumatic brain injury survivors helps shift some of the burden from the victim to the person or company responsible for the injury.
Get help from an experienced Columbia brain injury attorney
If you or a loved one has suffered a traumatic brain injury (TBI) because of someone else’s negligence, you may be feeling overwhelmed and unsure of what to do next.
At Chappell, Chappell & Newman, our experienced Columbia personal injury attorneys understand the challenges you’re facing—physically, emotionally, and financially—and we’re here to help. With a history of success in obtaining maximum compensation in brain injury cases and other cases involving catastrophic injuries, our attorneys are well-equipped to fight for the compensation you need to move forward.