Brain Injuries

The human brain is composed of sensitive tissues and blood vessels that the skull protects. An external force, such as a blow or jolt to the head or an object penetrating the brain, can damage the skull and move underlying brain tissue that can rupture blood vessels and destroy brain cells within. This type of injury is also known as traumatic brain injury which is known to affect millions of people across the U.S.

Thousands of brain injured individuals die from their injuries every year while millions of dollars are spent annually treating patients who suffer from traumatic brain injury.

Causes of Traumatic Brain Injury

Various incidents can cause traumatic brain injury. These include the following:

• Vehicle collisions: Crashes involving cars, buses, trucks, motorcycles, and bicycles are common causes of many severe cases of traumatic brain injury. Pedestrians who are involved in these types of collisions also face risks of severe traumatic brain injury
• Slip and fall incidents: Falling down steps, from ladders, or on slippery surfaces also cause traumatic brain injury
• Sports injuries: Several types of sports such as football, boxing, baseball, soccer, and other high impact and extreme sporting activities are linked to traumatic brain injury
• Violence: Severe shaking particularly where children are involved, gunshot wounds, and other violent incidents also cause traumatic brain injuries

Signs and Symptoms of Traumatic Brain Injury

A brain injury can have mild, moderate or severe symptoms, depending on the extent of the damage. Symptoms of injury to the brain can also vary among different people, making it necessary to seek professional medical advice to have each symptom checked.

Physical Symptoms May Include:

• Frequent vomiting
• Nausea
• Constant headache or a worsening headache
• Loss of consciousness
• Seizures or convulsions
• Dilation of the eyes’ pupils
• Numbness in fingers and toes
• Loss of coordination

Mental Symptoms Include:

• Slurred speech
• Coma
• Sudden changes in behavior
• Extreme confusion

Younger children who are unable to communicate or report their symptoms will usually display noticeable symptoms such as:

• Unusual irritability
• Constant crying or inability to be consoled
• Changes in attentiveness
• Change in sleep habits
• Sudden lack of interest in favorite activities or toys
• Depressed mood or sadness

First Thing to Do after an Accident

See a Doctor Immediately

If you or your child has suffered a blow to the head or body in a crash or in a fall, it’s always prudent to see a doctor immediately. While there are few tests available that will confirm a traumatic brain injury, we recommend seeking the advice and medical care of a qualified, board-certified neurologist as soon as possible.

Mild brain injuries, although usually subtle and often undetected, should not be left to chance. The damage inflicted in a mild brain injury can bring about deficits in the injured person’s daily activities leading to serious problems in performing work and social functioning. Even on a mild level, traumatic brain injury can require years to overcome.

Broken bones are obvious injuries that are easy to spot on X-ray, and treat, but brain injury symptoms need to be documented as soon as possible, too. Medical records will then indicate the potential hazards and long term care necessary to treat these injuries properly.

Waiting for more obvious signs or symptoms may mean that the brain injury has progressed, making it more difficult to treat. This is especially true is there is a record of past heads injuries, including concussions or trauma.

The Importance of Consulting an Attorney for Traumatic Brain Injury

Brain injuries are often catastrophic in nature, changing the lives of the injured person and their families from the moment that an accident occurs. The seriousness of the claim requires an experienced attorney to tackle, as juries are going to want proof of the injury itself as well as the financial strain involved in caring for the injured party, before delivering a verdict that represents the monetary damages appropriately.

• Our firm will collect, analyze and submit the proper records necessary to deliver the evidence the insurance company or jury seeks to support our clients’ position
  • While medical tests sometimes aren’t enough to prove a traumatic brain injury has occurred, past, present and future care can help deliver the facts of the case fully
• This record collection and investigative approach is provided fully by our staff, so no question is left unanswered during the court proceedings or negotiations with a defendants insurance company

Recovering Compensation for Traumatic Brain Injury

The medical costs associated with brain injury are often high, considering the length of time it takes to repair brain damage. The economic damage increases as the injured person may no longer be able to perform the same work following an injury. Family and home life may also be affected, particularly when an injured member of the household can no longer share in household chores and will require constant care and assistance to eat, walk, bathe, dress, and perform other daily activities.

If another person caused the vehicular crash, slip and fall, or other accident that resulted in a brain injury, an experienced attorney can assess whether the injured person is entitled to compensation.

Virginia tort law allows an injured party to claim compensation against a person or party whose negligence led to the injurious situation. To succeed in a tort claim, the injured party must be able to establish certain elements such as:

• A duty that the defendant owed to the injured party
• A breach of that duty by the defendant
• A causal connection between the breach of duty and the claimant’s damages
• No fault of the injured person which was a proximate cause of the injury
• Actual damages

Before filing a civil lawsuit for damages, a personal injury attorney can consider other options for obtaining compensation such as the other party’s insurance coverage. Dealing with an insurance company on your own can be frustrating as insurers often deny or minimize the value of injury claims to reduce their liabilities. An experienced attorney can handle the paperwork and negotiate with the insurance adjuster to hopefully obtain an acceptable outcome for you.

Choosing an Experienced Traumatic Brain Injury Attorneys: John D. Whittington

Our attorney, John D. Whittington, is a member of the Brain Injury Association of America, located in Alexandria, Virginia. His knowledge of these injuries is collected from brain injury seminars, continuing education on successful medical techniques for brain injury victims, and the personal relationships the firm has developed with many medical experts in the field who treat the injuries, as well as those who testify on behalf of the insurance companies, allowing our firm to present our clients strongest case as well as defend against its weaknesses to the best of our ability. We invite you to call us today at (703) 257-5668 or contact us online using the form on this page to arrange for a confidential, no-obligation case evaluation.

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