Brain Injury

Everyone hits their head at some point, whether it’s during a sport or activity like skiing or because of a fall. In many cases, there is no serious injury, in part because the brain is well-protected by the skull. However, any time you fall or hit your head, you are at risk of a serious and even life-threatening condition called traumatic brain injury (TBI). This is where the brain can get bruised or damaged. In serious cases, it can cause swelling and bleeding of the brain, which can be fatal, especially if there is any delay in treatment.

If you have hit your head significantly, always get an evaluation by an experienced medical professional. Too often, people feel “fine” after a fall or head injury and brush off the experience. By the time they develop symptoms hours later, it can be too late to save their lives.

In addition to seeking medical care, it is important to contact a brain injury lawyer in Westchester County, New York, or your area. While a TBI is a medical event, it can also have a profound impact on your finances because this is one of the most expensive injuries to sustain. Long hospital stays, surgeries, rehabilitation, and permanent disability can all mean loss of income, high medical bills, and personal care costs. To find out whether you might have options to pursue compensation for your injury, contact The Law Office of Mark A. Siesel as soon as you can after your injury. We can answer your questions in a free consultation and may be able to take steps right away to safeguard your rights to fair compensation.

What Causes Brain Injuries

Traumatic Brain Injuries (TBI) can occur in automobile accidents, trip and fall accidents, or even when performing activities of daily living or playing a variety of sports. Assaults and violence can also lead to brain injuries, as can situations where a person is deprived of oxygen—for example, during a difficult birth or during a near-drowning. No matter how brain injuries are sustained, these injuries can have a devastating effect on its victims and dramatically alter their lives.

Additionally, there have been numerous reports recently of football and hockey players who suffered numerous concussions during their playing careers who are now being diagnosed with dementia, depression, and in several cases becoming suicidal due to repeated trauma to the brain. More research is being done on the impact of repeated head injuries, even mild ones, but for now, it appears that even one “mild” concussion can put patients at a greater risk in the event of a secondary injury.

The Centers for Disease Control and Prevention (CDC) reports that on an annual basis approximately 1.7 million people are in accidents which cause a traumatic brain injury. About 52,000 of these people die from their injuries, approximately 1.35 million are treated in emergency rooms and discharged, and 275,000 are required to undergo extensive hospitalization to treat their injuries.

The CDC indicates that the most common cause of TBIs is trip and fall accidents, accounting for about 1/3 of cases. The next most common cause is automobile accidents, which is the cause in roughly 17% of cases. Despite this fact, twice as many people die from brain injury suffered in an auto accident than in fall down accidents. Another significant cause of TBI is from being struck in the head with an object, or striking one’s head against an object or hard surface.

Types of Brain Injury

The most common injury from a traumatic brain injury is a concussion. Concussions are not always serious, but can result in a litany of symptoms, including double vision, blurred vision, loss of consciousness, nausea, headaches, ringing in the ears, loss of memory, and difficulty problem solving, among others. In addition, if a patient with a concussion sustains a second concussion before the first is healed, they may face more serious symptoms.

A more serious closed-skull brain injury happens when a person’s head hits a hard surface, is hit, or is violently shaken. When this happens, the brain bounces around inside the skull, where it can bruise, bleed, and sustain other damage. In this situation, it is also common for the brain to start to swell. Because it is encased in a skull, there is nowhere for the brain to go, and further damage to the brain tissue happens, usually requiring surgery. These types of more severe brain injuries can cause:

• Seizures;
• Slurred speech;
• Numbness or weakness in the extremities;
• Loss of the ability to walk, and;
• Paralysis on one side of the face or body.

A less common brain injury occurs when the skull itself is compromised. For example, a stab wound or bullet wound can penetrate the skull and cause direct injury to the brain. A fall can crack the skull, introducing debris into the wound and creating the risk of infection and direct injury to the brain.

Another less common injury occurs when the brain is deprived of oxygen, causing damage to the tissue. This can happen in a near-drowning accident, where a victim stops breathing for an extended period of time. This can also happen when a baby is deprived of oxygen during birth due to medical malpractice or error. Another common situation where this happens is during surgery, when anaesthesia errors can cause a patient to stop breathing.

Brain injuries are classified from a light concussion to the much more serious destruction of brain tissue found in lacerations or hemorrhage, to the most severe in a depressed skull fracture or compound skull fracture, most frequently from blunt force trauma.

Getting Diagnosed and Treated for TBI

There are many misconceptions and myths about TBI. For example, that TBI is not disabling; that mild TBI is not permanent; that the effects of TBI are noticeable immediately; that negative MRI’s, CAT Scan’s or EEG’s (electroencephalogram) preclude the possibility of TBI; that there must be a head injury to suffer traumatic brain injury, and that there is always a loss of consciousness in a TBI case. The first myth, as to mild TBI not being disabling, has been refuted by the National Institutes of Health (NIH). The NIH reports that TBI causes a significant disruption in the victim’s family life, substantial medical/hospital expenses, and a dramatic effect on his or her ability to earn a living and earning potential. TBI can lead to substance abuse, suicidal ideation (thoughts of suicide), and chronic unemployment.

A much more accurate test to determine TBI, as opposed to MRIs, CAT scans or EEGs, is neuropsychological testing, which consists of a series of tests designed to measure brain function across a wide range of cognitive and emotional abilities. These examinations can find subtle deficits or changes in mood, behavior and functioning, which are not within the scope of MRIs, CAT scans or EEGs.

It is not easy to recover from even a mild TBI, and in many cases, symptoms linger for a substantial period of time, including headaches, vision problems, dizziness, memory problems and neck pain. These long-term problems are part of a group of symptoms generally known as post concussion (or post concussive) syndrome.

In the case of a penetrating injury or serious TBI that causes swelling, many doctors recommend surgery to relieve pressure on the brain, though major surgery is also risky. It is not uncommon for patients with serious brain injuries to need long recovery times, rehabilitation to learn to walk again, and even ongoing medical treatment. Some TBI patients lose significant function and need to remain in an assisted living facility or need at-home care permanently.

Seek Compensation Today

Severe brain injuries can result in long term disability, paralysis and death. If the severe brain injuries are caused through the negligence of another person, and result in death, that person can be sued for wrongful death. We have also represented clients who suffered brain injuries due to a drunk driver, or in a construction accident due to the negligence of property owners, general contractors and construction managers.

The Westchester County brain injury lawyers at The Law Office of Mark A. Siesel have the experience, dedication, and determination to fight the insurance companies and their attorneys to obtain the maximum compensation for our clients’ physical, financial, emotional, and medical injuries and damages. Contact us online or at (914) 428-7386 for your free consultation today.