Huntsville Brain Injury Lawyers
Traumatic Brain Injuries (TBIs) are the most devastating injury someone can suffer. If the person survives, the injured person will likely never be the same. Short-term and long-term memory, word recall, and cognition can be affected. The victim’s personality may never be the same. The person can need medical treatment for the rest of their life.
Types of Traumatic Brain Injuries
There are numerous types of traumatic brain injuries. The most common is the intracranial hemorrhage. There are four types of intracranial hemorrhages:
An epidural hematoma occurs when blood pools between the skull and the “dura mater,” which is the outer membrane covering the brain. This usually results from a small fracture of the skull that tears into a blood vessel. Surgery may be needed if the hematoma is large, but usually medicines administered at hospital can resolve the bleed.
A subdural hematoma involves bleeding below the dura mater, but above the inner membrane called the arachnoid layer. In other words, it is similar to an epidural hematoma, but the bleeding is closer to the actual brain. Surgery is more likely to be needed with these injuries. A procedure called a craniotomy is performed to suction out the blood.
A subarachnoid hemorrhage can be life-threatening. It involves bleeding in the space around the brain below the membranes. Surgery may be needed to stop the bleeding from the affected blood vessel. The patient will need to be followed closely by a neurologist after the acute phase has been controlled.
This type of closed injury is the most rare in personal injury cases, but it’s the most serious. Also called an intracerebral hemorrhage, It involves bleeding within the brain itself and is likely to cause serious, permanent damage.
Effects of Different Brain Injuries
While the brain can heal, it is difficult for the brain ever to be the same. Intracranial hemorrhages, diffuse axonal injuries, and even severe concussions can cause permanent, lifelong consequences. Even a moderate concussion can lead to post-concussive syndrome, which can cause headaches, sensitivity to light, and memory issues.
We have represented clients with TBIs who had the following complications due to their brain injury:
- Cognitive deficits
- Poor balance
- Personality changes
- Poor coordination
- Post-traumatic headache syndrome
- Traumatic epilepsy
Traumatic brain injuries not only affect the victim. It is also very difficult for the family of the victim. Coping with the process of recovery and accepting that things may never be “the same” is tough.
If the brain injury is permanent, Alabama law allows for a spouse to recover for their losses as well. This is called a “loss of consortium” claim.
Will the Brain Heal Itself?
Medical literature suggests that every case is unique. In most cases, damaged brain cells do not regenerate. However, scientists believe that, especially in younger people, the brain can learn to “re-route” information flow through healthy areas of the brain.
The time needed for healing from a brain injury can vary. Some people require treatment for months, years, or even their entire life.
Types of Traumatic Brain Injury Cases
Traumatic brain injuries can be caused in different types of accidents. We have handled cases involving TBIs from car accidents, 18-wheeler accidents, falls at nursing homes, and on the job accidents. While the substantive law may be different in each case, we generally have to prove someone was negligent in causing the brain injury.
Compensation for Brain Injuries
“Damages” is the legal word to describe the ways in which someone was harmed. We always try to get compensation for each type of “damage.” We are seeking to recover the following damages in TBI cases:
- Medical Costs
- Future Medical Costs
- Future Pain
- Mental Anguish
- Future Mental Anguish
- Loss of income
- Loss of earning capacity
- Permanent injury
- Loss of consortium
Our job is to gather all of the evidence available to show an insurance adjuster and a jury, if necessary, how the traumatic brain injury has affected our client and our client’s family. No amount of money can ever make someone like they were, but it can help the injured person and their family get back on their feet financially.
Here’s an explanation from attorney Bart Siniard about how to determine a fair settlement amount in a personal injury case:
How We Use Expert Witnesses in TBI Cases
Expert witnesses are crucial in maximizing the amount of money we can get from the insurance company. In past TBI cases, we have hired neurologists, neuropsychologists, vocational experts, economists, and nurse life-care planners to show the exact extent of how our client has suffered and will continue to suffer. It is one thing to tell a jury how bad a TBI can be. It is more powerful to explain it through scientific evidence coming from respected experts.
Let Us Help
If you or a loved one has suffered a traumatic brain injury, please reach out for a free case evaluation. Let us get to work on your case with our team of experts to get the most compensation possible.