Brain Injuries

Approximately 2.5 million people every year are treated or hospitalized for traumatic brain injuries in the U.S. Of those, nearly 250,000 are children. In another 50,000 cases, traumatic brain injury was cited as a contributing cause of death.

Today alone, 138 people in the U.S. will die from a traumatic brain injury.

The Law Offices of Jeffrey S. Glassman, LLC, takes Boston brain injury cases very seriously because we know these losses are devastating. We also know these types of cases, though common, are too often misunderstood.

For example, previous schools of thought were that could not have suffered a serious brain injury if he or she did not lose consciousness or if the CT Scan or MRI returned normal results. We know now that’s not true. However, objectifying the brain injury for purposes of collecting compensation is critical.

Efforts are often undermined by insurance companies or defendants seeking to limit liability. They will delve into a plaintiff’s medical records, school records and criminal history. They are seeking any source that might bolster the assertion that the injury is either not as serious as claimed or that it was not caused by defendant.

Overcoming these arguments, particularly when we are dealing with a developing area of medical science, can be extremely challenging. This is why it is imperative to only take your case to a legal firm with ample resources and extensive experience.

What is a Traumatic Brain Injury?

A traumatic brain injury is a condition that results from a jolt, blow or bump to the head, or else a head penetration injury, that negatively affects normal brain functions.

The causes of traumatic brain injury are varied. According to the CDC, the most commonly-cited causes are:

  • Falls (40.5 percent)
  • Struck by/against (15.5 percent)
  • Motor Vehicle Accident (14.3 percent)
  • Assaults (10.7 percent)
  • Other/Unknown (19 percent)

These can stem from a range of activities from traffic collisions to on-the-job construction accidents to sports-related injuries to a criminal attack to use of a defective product. It’s always worth exploring the potential avenues of compensation in brain injury cases, if for no other reason than you don’t know how this injury could impact you in the future. You don’t want to wait until it’s too late.

Effects of a brain injury can range from mild to severe.

In mild cases, patients are likely to experience a brief loss of consciousness or change in mental status. These are sometimes referred to as “concussions.” In severe cases, there may be an extended period of unconsciousness, memory loss, behavioral changes and even permanent disability.

It’s worth noting that just because a traumatic brain injury is “mild” doesn’t mean it won’t have lasting effects, particularly if it’s experienced repeatedly (such as in certain sports) or if it exacerbates an existing condition. In both these scenarios, a person may have a right to compensation.

Mild traumatic brain injury symptoms may include:

  • Difficulty thinking
  • Headache
  • Fuzzy or blurry vision
  • Irritability
  • Sleeping more or less than usual
  • Feeling slowed down
  • Nausea or vomiting
  • Dizziness
  • Sadness
  • Difficulty sleeping
  • Trouble concentrating
  • Sensitivity to light or sound
  • Memory trouble
  • Feeling fatigued or low energy
  • Feeling anxious or nervous

Meanwhile, symptoms of severe traumatic brain injury may include:

  • Unconsciousness
  • Partial or total vision loss
  • Decrease or loss of hearing
  • Loss or diminished sense of smell and taste
  • Problems reading, speaking, writing
  • Difficulty understanding spoken words
  • Persistent confusion
  • Sudden impulsiveness
  • Seizures
  • Chronic pain
  • Sleep disorders
  • Physical paralysis
  • Aggression
  • Disinhibition
  • Emotionally instability
  • Denial or lack of self-awareness

Because the symptoms of injury can range so widely from person to person and depending on the type and force of impact, even serious brain injuries are sometimes misdiagnosed. This is especially true when symptoms are delayed and not immediately apparent.

Compensation for Brain Injuries

Even when causation of an injury can be established, securing adequate compensation is another matter entirely. Partially, this has to do with the fact that head injuries are sometimes difficult to quantify and objectify, so prognosis and treatment can be tough to predict.

For example, a person may recover to the point of being able to walk, talk and speak normally. However, what’s less apparent is the damage to the frontal lobe. This damage may significantly impact one’s decision-making and social interaction ability, thus causing major problems in one’s life and career.

Outlining not just the immediate medical costs, but also the loss of earning capacity, the life care costs, the loss of life enjoyment, the pain and suffering and the loss of consortium (for a spouse) requires extensive research and investigation, seeking new technologies that can help objectify the brain injury, review of existing medical records and input from expert witnesses, such as neuropsychologists and other professionals.

Our Boston brain injury lawyers are dedicated to aggressively working these cases and ensuring our clients receive the compensation they deserve.

Contact the Law Offices of Jeffrey S. Glassman today for a free and confidential consultation.

Call (617) 367-2900 – NO FEE UNLESS SUCCESSFUL

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