KJ McElrath  |  July 20, 2019

Traumatic Brain Injury Overview

Traumatic Brain Injury (TBI) occurs when the skull comes into forcible, sudden contact with a dense object, such as metal, stone or concrete. The object may or may not penetrate the skull, but in either case, brain tissue is affected. Depending on the seriousness of the impact and the amount of physical damage done to the brain, TBI may be mild, moderate or severe.

Symptoms of TBI can include any or all of the following:

  • loss of consciousness
  • headaches
  • confusion and memory loss
  • blurred vision
  • tinnitus (ringing in the ear)
  • sensory processing disorder
  • loss of balance and coordination
  • nausea and vomiting
  • behavioral/mood changes
  • seizures or convulsion

Immediate treatment following a traumatic brain injury is imperative; while initial brain damage cannot be repaired, prompt medical attention can help to stabilize the patient, preventing further injury to the brain and mitigating the long-term effects. This involves stopping any bleeding from ruptured vessels and making certain the uninjured portion of the brain continues to receive an adequate supply of oxygen.

Long-Term Treatment and Prognosis

Since every traumatic brain injury victim is different, long-term prognosis is difficult without extensive testing and medical imaging.  Diagnosis usually begins with x-rays in order to determine if there are bone fractures and whether or not the neck and spine have been affected by the accident that resulted in the TBI.  In more serious cases, this is followed up with a CT (computerized tomography) scan; recently, the FDA approved a blood test for victims of traumatic brain injury patients whose symptoms may not be immediately apparent. This test measures levels of two protein biomarkers that are released into the bloodstream following a concussion.

TBI victims often require long-term rehabilitation, including physical and occupational therapy as well as psychological or psychiatric treatment. These patients may also be prescribed an anti-seizure or anticonvulsant medication such as phenytoin or  carbamazepine.

Legal Issues Surrounding TBI

If a traumatic brain injury was the result of a work-related accident or the negligence of another party,  the victim has a cause of action for an injury lawsuit. In the case of a work-related TBI, the liable party is usually the company at which the victim was employed, even if the proximate (immediate) cause of the accident was the action or inaction of an individual (i.e., a supervisor or fellow employee). Lawsuits involving workplace injuries can be complex, involving testimony from witnesses and other evidence, such as photographs. In other TBI cases, such as auto accidents, getting compensation usually involves dealing with an insurance company. In either situation, it is wise to have the services of an experienced personal injury lawyer.

Filing a Traumatic Brain Injury Lawsuit

Most injury lawsuits that are filed are resolved with an out-of-court settlement; relatively few go to trial. An experienced TBI lawyer can assist you in getting compensation for:

  • medical and rehabilitation costs
  • loss of wages and earning capacity
  • pain and suffering
  • loss of quality of life
  • emotional and psychological distress

8 thoughts onWhat Is a Traumatic Brain Injury?

  1. Julie Dobin says:

    I was diagnosed with a Mild TBI Abt a year ago

  2. Lisa Loviglio says:

    I’d like to be included in this lawsuit. In 1999 I suffered a work related injury at a warehouse where I worked, causing more than a TBI. I was struck on the head w/ a 125 lb box containing steel parts for large Frenchwood doors I saw little white stars and aparently I went airborne like 15’ plus feet. I woke up very far away from where it actually struck me. All of the symptoms mentioned above and auto immune diseases etc transpired after that accident, it way to much to even write. My life was destroyed not to mention any quality of life, I still spend most of my days going to Drs etc. please consider me & I have many questions as well as a very long story. Thank you so very much

  3. Karla Noonan says:

    We tried in CA… No one would touch it. It medical malpractice (against a hospital), workman’s comp, wrongful death. We love in GA.

    1. Karla Noonan says:

      Edit: it WOULD HAVE BEEN medical malpractice……We LIVE in GA.

  4. LeAnne Zephro says:

    On Sept 15, 2022 an 18 yr old careened in my scootie at 45mph. I flew off my scootie, into the car windshield hitting my left side causing TBI to my head then into the air landing on my right side. In addition to the TBI I suffered broken ribs, fingers, nose, cheek, elbow, sternum, eye socket, and right leg broke all 3 bones and a compound fracture. Police investigated accident as a fatality bc they didn’t think I’d make it to UMC TRAUMA CENTER, Las Vegas, Nv.

  5. Jennifer Stansbury says:

    I suffered a TBI when I was 7 during a city sponsored fun run for children. I suffered a Subdermal hematoma – Pneumocephalus, fractured, skull. The organizers of the event lined up the youngest children in the front and the older children in the back. Consequently, I was pushed down and life flighted from Colorado Springs, Air Force Academy to Denver, Fitz Simmons Army hospital. The army hospital located in Denver lost all my records of the incident. I was never treated with any follow up exams. I continually suffer as an adult for the negligence of the city of Colorado Springs.

  6. Fadia Doty says:

    Please include me ( and my ex) in this lawsuit. I was the wife of a person who received a TBI

  7. NATASHA M RYKE says:

    I’d like to know if ECT (Electric Convulsive Therapy aka “Shock therapy” is included. I’ve had substantial problems following my treatments and I am not alone, everyone I’ve spoken to about it are suffering the same problems.

    Thank you!

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