Traumatic Brain Injuries

Mild TBI (Concussion)  

The characteristics of a mild TBI include brief loss of consciousness (under 30  minutes) or no loss of consciousness. This is a Glasgow Coma Scale score of 13-15. They will also have no structural damage visible on a CT scan or MRI, in most cases.  

The symptoms may include headaches, dizziness, nausea, and difficulty with  concentrating. There may also be sensitivity to light or noise as well as emotional changes, such as mood swings. Generally speaking, people who suffer mild TBIs recover within weeks or months with proper care. However, some injury victims will experience post-concussive syndrome that will cause  prolonged symptoms.  

Moderate TBI  

The characteristics of a moderate TBI include loss of consciousness that lasts 30 minutes to 24 hours. They score 9-12 on the GCS. It is possible to see visible abnormalities, such as bruising or swelling in the brain, on CT scans or MRIs. 

The symptoms will last longer than a mild TBI and may result in permanent  impairment. Symptoms include persistent headaches, vomiting, or nausea, memory loss or confusion, difficulty speaking or understanding speech, and coordination and balance issues. Moderate TBIs frequently involve emotional or behavioral changes, such as increased impulsivity or depression. The recovery may involve hospitalization and rehabilitation as well as long term therapy to address physical, cognitive and emotional deficits. 

Severe TBI  

The characteristics of a severe TBI include loss of consciousness lasting more than 24 hours or coma. A severe TBI is a score of 3-8 on the GCS. Extensive brain injury will be visible on a CT or MRI and may include bleeding, swelling, or skull fracture. The common symptoms in a severe TBI are prolonged unconsciousness, significant cognitive impairment, severe physical impairment, and personality or emotional changes. Severe TBIs often result in permanent disabilities and require extensive medical care, surgery, long-term hospitalization, rehabilitation and may require life-long care. 

What Is The Glasgow Coma Scale (GCS)  

The GCS is a common tool used to classify TBIs, based on the patient’s ability  to open their eyes, respond verbally, and exhibit motor responses (e.g., obeying  commands or withdrawing from pain). The scores used are: 13–15: Mild TBI, 9– 12: Moderate TBI, 3–8: Severe TBI. 

The classification of TBIs helps guide medical treatment, rehabilitation, and prognosis. Each level reflects different degrees of impact on physical, cognitive, and emotional health, underscoring the importance of immediate care and tailored recovery plans

TBIs Can Be A Hidden Injury  

A traumatic brain injury (TBI) can result from a car accident or other traumatic incident, even if there is no visible head wound. Recognizing the signs of a TBI  is crucial, as early diagnosis and treatment can prevent further complications. 

Seek immediate medical care if you experience any loss of consciousness, worsening symptoms over time, or difficulty staying awake or sudden confusion. Visit the emergency room or consult your doctor to rule out or diagnose a TBI. 

TBI symptoms can emerge days or weeks after the accident due to swelling or internal bleeding. Monitor your condition closely and report any changes to a medical professional immediately. 

Diagnostic Tools  

Medical professionals use neurological exams to evaluate motor function, reflexes, and cognitive ability. They will use imaging tests such as CT scans or MRIs to detect bleeding, swelling, or structural damage in the brain. Additionally, cognitive assessments will be used to evaluate memory, concentration, and problem-solving abilities. 

Overcoming Defense Arguments  

Since adults with TBIs often have a history of previous concussions or migraines, defense attorneys commonly argue that the at-fault party did not cause the current injury and symptoms. A traumatic brain injury lawyer are essential in countering such claims and ensuring fair representation.

It is absolutely critical that someone suffering from a TBI due to an accident seeks an experienced care team to differentiate pre-existing conditions from the new TBI injury and symptoms. Partnering with a skilled traumatic brain injury lawyer can help strengthen the case and secure proper compensation for the victim.

Proving Long-Term Impact

Personal injury attorneys must establish how the TBI has affected the plaintiff’s ability to perform daily activities, maintain relationships, or enjoy life. The evidence must illustrate the functional limitations of the plaintiff, including the emotional and psychological impact of the accident. It is important to highlight cognitive deficits, such as memory loss or inability to perform complex tasks, as well as physical limitations that result from brain injuries, such as balance and gait.  

Types of Accidents And Mechanism Of Injury  

Certain types of car accidents are more likely to cause traumatic brain injuries (TBI) due to the force, motion, or direct impact involved. For example, direct head impact, where there is contact with the steering wheel, dashboard, window, or airbag, often results in a TBI. Whiplash-induced brain movement with back-and-forth motion causing the brain to hit the skull as well as accidents that cause rotational forces with shearing of brain tissues often cause TBI injuries and symptoms.  

Head-on collisions, rollovers, and side-pact (T-bone) collisions are often recognized as accidents that cause severe injuries, including TBIs. Additionally, multi-vehicle accidents are particularly likely to lead to traumatic brain injuries due to the compounded forces involved. The sequential and unpredictable impacts in multi-vehicle crashes make it harder for the body to brace or adjust, amplifying the risk of brain trauma.  

Rear-end accidents, while often perceived as less severe than other types of collisions, can also lead to traumatic brain injuries (TBIs) due to the sudden and forceful motion they cause. When a vehicle is struck from behind, the occupants’ heads are thrust forward and then backward in rapid succession, a movement commonly associated with whiplash. This violent motion can cause the brain to collide with the inside of the skull, even if there is no direct impact to  the head. The result can be a concussion, contusion, or even more severe injuries like diffuse axonal injury, where the brain’s nerve fibers are stretched or torn.

Injury Accident Damages — Medical Injuries, Income, Pain & Suffering

TBIs Victims Need An Experienced Personal Injury Attorney  

Winning a personal injury lawsuit involving a traumatic brain injury (TBI) requires a strategic focus on proving liability, demonstrating the extent of the injury, and accurately calculating damages. The attorney will need to show that the defendant owed a duty of care, breached that duty, and caused the injury.  

An effective presentation in court requires crafting a compelling narrative that conveys the full story of how the injury occurred and its profound impact on the plaintiff’s life. Visual aids, such as brain scans, charts, and animations, can be instrumental in helping the jury understand the extent and nature of the injury in a clear and engaging way. Additionally, witness testimony from family, friends, and coworkers provides a personal dimension, illustrating the plaintiff’s life before the injury and the struggles they now face. Together, these elements create a persuasive case that resonates with the jury. 

Overcoming Aggressive Defense Strategies

TBI cases often involve larger settlements, prompting aggressive defense tactics aimed at minimizing claims. A skilled legal team must be prepared to hire experts to counter the defense’s attempts to refute causation and damages.

Given the long-term care needs associated with TBIs, maximizing compensation is critical. This ensures that victims have the resources necessary to access ongoing care and maintain their quality of life throughout their recovery and beyond.

If you or a loved one was injured and need the counsel of an experienced personal injury attorney, reach out to our team. Our attorneys are here 7 days a  week to help. (360) 792-1000