Legal Steps to Take After a Traumatic Brain Injury

POST DATE: 10.28.21
Ccha  Personal Injury

If you or a loved one have suffered a traumatic brain injury (TBI) as a result of another’s negligence, you may be left feeling overwhelmed with questions about what your next steps should be. CCHA is here to help walk you through common causes of traumatic brain injury, types of injuries and outcomes associated with a traumatic brain injury, what legal recourse is available for those who have suffered a traumatic brain injury, and the reasonable expectations for compensation for those who have experienced a traumatic brain injury.

Common Causes of Traumatic Brain Injury

Ccha traumatic brain injury october 2021 tw 1

Types of Brain + Head Injuries

  • Coup-Contrecoup Brain Injury: A coup-countrecoup brain injury occurs when there is significant impact to the brain that causes the brain or skull to slam into the opposite side of the site of impact. These incidents are often especially violent, producing immediate symptoms. Serious car accidents, blows to the head, forceful falls, and acts of violence are particularly adept at producing these injuries. Because coup-contrecoup brain injuries require significant impact, the symptoms are often severe, and survivors may need extensive support to recover.
  • Concussion: A concussion, sometimes called a mild traumatic brain injury (mTBI), is the most common type of brain injury, accounting for hundreds of thousands of emergency room visits each year. Generally caused by a sudden blow to the head, a concussion jolts your brain, causing the brain to accelerate in the direction of the force. In other words, a concussion shakes your brain. Concussions range from mild to quite severe.
  • Brain Contusion: A contusion is a bruise—a mild form of bleeding under the skin. Brain contusions are similar to concussions, and often occur in conjunction with them. If a brain contusion does not stop bleeding on its own, it may need to be surgically removed. The extent of damage associated with a brain contusion depends on the size of the bleed, the length of time it lasts, the effects of surgery, and the location of the injury.
  • Diffuse Axonal Injury: A diffuse axonal injury (DAI) is similar to a concussion in that it results from the brain moving, but it is much more serious. With a DAI, the head so violently moves that the brain stem cannot keep up with the rate of movement, causing tears in the connections of the brain. These tears can be microscopic, producing varying degrees of brain damage. They can also be quite large. Tears that are sufficiently large can be fatal.
  • Second Impact Syndrome: A second impact syndrome is a second, additional brain injury when you've already sustained a first and which can cause more catastrophic damage. Sometimes called a recurrent traumatic brain injury, the effect of second impact syndrome depends on the location of the injury, the severity of the first injury, and the degree of trauma sustained.
  • Penetrating Injury: A penetrating injury occurs when an object penetrates the skull and brain. These injuries can be fatal if not promptly treated, because they often cause severe bleeding, blood clots, disrupted oxygen supply to various brain regions, and other immediate side effects. People who survive penetrating injuries may need repeated brain surgeries, high doses of antibiotics, and an assortment of therapies designed to restore function.

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Recourse for Victims of Traumatic Brain Injury

When someone is impacted by a traumatic brain injury, they may lose his or her ability to continue working full-time or at all. Indiana law entitles these victims to compensation for your TBI-related injuries:

  1. Pending and projected medical expenses
  2. Lost wages and projected future wage losses
  3. Personal pain and suffering
  4. Other damages + losses

Compensation for Traumatic Brain Injury

  • Medical expenses
  • Special needs services
  • Lost earning capacity
  • Projected lifetime medical costs
  • Home care equipment
  • Lost income and/or wages