Brain Injury

Each year in the United States, roughly 1.7 million people suffer a traumatic brain injury, or TBI. Of these, 52,000 die from the injury, 275,000 require hospitalization, and more than 1.3 million pay a visit to the emergency department.(1)
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In fact, according to the Centers for Disease Control and Prevention (CDC), traumatic brain injury contributes to roughly 30% of all injury deaths. In addition, brain injury is a leading cause of disability.(2)

While more than 100 people across the United States die each day from injuries such as traumatic brain injury, others who suffer this injury may experience long-term impairment. In these cases, the injured person and the family may face a lifetime of significant challenges.(3)

Brain Injury Attorney May Be Able to Help

If you have suffered a traumatic brain injury due to someone else’s carelessness or recklessness, a brain injury attorney may be able to help.

You may have been hurt unintentionally, due to another person’s negligence. Did you sustain your injury when you slipped on the icy sidewalk in front of a grocery store? Maybe you slipped on a wet floor at a local fast food restaurant where there was no warning sign? Perhaps you fell down the stairs in your own home after hiring contract workers to install new carpeting?

Or you may have been hurt intentionally. Someone may have hit you with a fist or weapon.  A driver may have run a red light and then run you over.

If so, you may be able to seek compensation for your injuries.

We are fortunate in this country that laws exist to protect the public from others’ irresponsible actions. Sometimes, a business owner is at fault, sometimes a doctor, sometimes a product manufacturer.

In the case of a faulty bicycle helmet, for example, if a person sustains a traumatic brain injury in a fall or accident because the helmet didn’t work as it was supposed to, that person can seek compensation.

Former football players have filed lawsuits claiming they suffered traumatic brain injuries while wearing defective helmets. These former players have developed serious brain damage.(4)

TBI could be due to a case of physician error; a baby might experience a traumatic brain injury in the delivery room. As a result, this child might face a lifetime of disability.

For a free consultation and more information about your legal options, please contact us today.

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Private individuals may be at fault in other situations. If you suffer a traumatic brain injury in a vehicle crash, you may be able to seek compensation if the driver of the other vehicle caused the accident.

No matter the specific situation, an experienced, knowledgeable brain injury attorney, such as an associate attorney at Weitz & Luxenberg, may be able to help you.

What Causes Brain Injury?

According to the CDC, falls and traffic accidents are two of the leading causes of traumatic brain injury. Of these two types of events, if you’re younger than 65 years of age, you’re more likely to sustain a traumatic brain injury in a motor vehicle accident.(5)

If you’re 65 years of age or older, you’re more likely to experience a brain injury as a result of a fall.(6) In fact, according to the Mayo Clinic, “Falling out of bed, slipping in the bath, falling down steps, falling from ladders and related falls are the most common cause of traumatic brain injury overall, particularly in older adults and young children.”(7)

All kinds of events can result in brain injury:

  • A vehicle crash in which your head is knocked from any direction or twisted violently or rams into a windshield
  • Being hit in the head by a heavy object or receiving a violent blow, such as from a baseball bat
  • Falling on an icy sidewalk and hitting your head on the concrete
  • A bullet wound to the head
  • Sports activities, such as hockey, skateboarding, or boxing, in which a player sustains a severe jolting of the head
  • Shaken baby syndrome, in which someone shakes a baby so hard that its brain moves around violently inside the skull
  • A blast from an explosion, such as from a car accident, fire, or bomb going off.(8)

Filing a Brain Injury Lawsuit

You may be wondering if your traumatic brain injury is something for which you can seek compensation. Sometimes, the situation seems clear.

If someone rear-ended your car, or otherwise crashed into a vehicle in which you were either the driver or a passenger, and you sustained injuries, you may be able to file a brain injury lawsuit. Any head trauma in such a situation should be taken seriously; you should seek emergency care immediately.

Not every situation is as clear-cut when it comes to seeking compensation. For example, someone was drinking in a bar and got into a fight with another customer. He fell and hit his head on the floor, but got up feeling fine. If the customer then blacked out later, he might very well be able to seek and receive compensation — even though the injured person was drinking or drunk.

Weitz & Luxenberg Wins the Hard Cases

In fact, in recent years, attorneys with Weitz & Luxenberg have handled personal injury cases that had similar situations.  A potential client unfamiliar with the law may have thought, “I was drunk, and sustained injuries because I was intoxicated. Therefore, I was at fault and do not deserve compensation.”  

That client would be pleasantly surprised to discover that he was wrong. Weitz & Luxenberg attorneys examine the circumstances of each case carefully, and, in the end, have won million-dollar victories for our clients.

One client was awarded more than $13 million after being attacked by a bouncer.

Another client won a multimillion dollar judgement due to a fall from an apartment walkway that resulted in serious injuries. The building owner was found to be at fault — he was found to be negligent.

Our attorneys have also won millions of dollars for victims of hit and run and pedestrian-related accidents. In one instance, a passenger in a vehicle was left paralyzed from the chest down after a reckless driver ran a stop sign and then fled the scene.

“It’s always gratifying to achieve a victory for our clients. I can’t begin to imagine the pain and suffering they’ve been forced to endure, but if I can help make their lives better in some way, that’s what makes everything worth it,” says Adam Raffo, an associate attorney at Weitz & Luxenberg.

Grateful Clients Thank W&L for Help with TBIs

For many of our clients, there is more to their lawsuit than winning money.  Many of them are going through one of the hardest times in their lives.  That is why we are so proud of how they feel they are treated by our attorneys.

One of our clients asked us to try and recover compensation for his son’s traumatic brain injury.  He wrote to thank us for achieving a substantial settlement despite the complicated issues of liability.  As W.P. wrote, “I am convinced there are very few law firms that could have achieved your result and that would have fought so very hard … Your lawyers are professional and compassionate.”

Patricia and William Hynes came to us due to a problem that occurred during surgery, leaving William permanently disabled. Patricia explained that William “cannot speak and cannot walk. He cannot do many of the most basic things a person does. … our lives were ruined. …” 

Our attorneys were touched by what Patricia said when she thanked us, “The people at Weitz & Luxenberg were there for me. … I’ve found it’s a rare thing when people go the extra mile all the time. That’s what my Weitz & Luxenberg attorneys did for me. … Would I turn to Weitz & Luxenberg again if I need help on some other personal injury matter? One-hundred-percent yes.”

Traumatic Brain Injury: You Might Have a Case

You may think your traumatic brain injury was just a terrible accident and you just have to live with the consequences. However, by consulting with one of Weitz & Luxenberg’s attorneys who specializes in personal injury, you might learn that a lawsuit is worth pursuing.

Maybe you were driving, hit a patch of black ice, and flipped your vehicle over, sustaining serious injuries in the process. You might blame yourself or the black ice, but it might also be possible that the vehicle was defective in some way and contributed or even caused the rollover — or made whatever injuries you sustained significantly worse.

In fact, maybe all across the country, people were sustaining life-threatening injuries when their vehicles rolled over. By consulting with an experienced brain injury attorney, you might learn your vehicle was just one of millions of vehicles that was defective.

General Motors is a perfect example of a manufacturer that sold a defective product that affected people across the country. Although GM ultimately recalled millions of defective vehicle models, for some victims, the recall came too late. A number of people had already been injured or died in crashes linked to their vehicles’ faulty ignition switch.

If you have sustained a traumatic brain injury, the cost — physically, psychologically, and financially — could be astronomical. The best way to find out if you might be eligible to receive compensation is to speak with an experienced brain injury attorney.

For a free consultation and more information about your legal options, please contact us today.

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Weitz & Luxenberg employs attorneys who specialize in everything from personal injury cases to defective products. As a national law firm, we have been winning cases for our clients for 30 years and have earned a reputation of going up against those who might otherwise seem untouchable.

Whether you sustained a traumatic brain injury from a car crash, a fall, a defective product, or an assault, we encourage you to give us a call for a free consultation.

Brain Injury Varies from Mild to Severe

No matter how someone sustains a brain injury, two types of damage take place: primary brain damage and secondary brain damage.(9)

Primary damage takes place at the moment of impact. A person may sustain a skull fracture, bleeding, or blood clots. Secondary brain damage is whatever happens after the initial impact, which may include swelling and increased blood pressure within the skull and seizures.(10)

A relatively mild injury may lead to only temporary impairment. More serious brain injury can result in bruising and tearing, long-term and severe complications, and death.(11)

A relatively mild injury may lead to only temporary impairment. More serious brain injury can result in bruising and tearing, long-term and severe complications, and death.(11)

According to the Mayo Clinic, physicians may use the terms “mild,” “moderate,” and “severe” in evaluating and determining the appropriate treatment for a brain injury. However, a “mild injury to the brain is still a serious injury that requires prompt attention and an accurate diagnosis.”(12)

Symptoms of Traumatic Brain Injury

Symptoms of mild brain injury may include the following:

  • Brief, or no, loss of consciousness
  • A feeling of slight confusion or disorientation
  • Dizziness or unsteadiness
  • Headache
  • Change in sleep habits — either not being able to sleep or feeling more tired than usual
  • Vomiting or nausea
  • Blurred vision or ringing in the ears
  • Difficulty concentrating or feeling forgetful
  • Mood changes(13)

In more severe cases of traumatic brain injury, a person may experience the symptoms already noted but to a greater degree. Some of these may be apparent right away; others may take hours or days to develop:

  • Loss of consciousness briefly, or for hours
  • Lingering or worsening headache
  • Multiple bouts of vomiting or nausea
  • Convulsions or seizures
  • Loss of coordination
  • Agitation or combativeness
  • Slurred speech
  • Coma(14)

Because young children may not be able to communicate what they are feeling, adults should pay attention to the following symptoms:

  • Changes in a child’s behavior, such as sleeping and eating habits
  • Changes in mood, including irritability, inconsolable crying, and unusual sadness
  • Inability to pay attention
  • Lack of interest in favorite toys or games(15)

Underlying Damage from Brain Injury

With some cases, a specific wound is visible. Sometimes, no significant damage appears on the outside.(16) Inside, however, brain cells may be damaged. Sometimes, the damage affects only a small area of the brain.(17)

For other cases, the severe knock or jolt to the head may have jostled the brain itself so that it moved back and forth inside the skull. In addition, extreme twisting or rotating of the head can cause the tearing of the brain’s cellular structures.(18)

Sometimes the brain injury is serious enough to cause irreversible damage to “brain cells, blood vessels and protective tissues around the brain.” Bleeding in or around the brain, blood clots, and swelling can all lead to additional complications.(19)

Serious Complications of Traumatic Brain Injury

In addition to brain damage that occurs shortly after a traumatic event, such as a car accident, an individual may suffer strokes, seizures, and infection. Even if a patient doesn’t die from injuries, widespread damage may lead to one catastrophic event after another.(20)

The surviving individual may experience a lifetime of disabling nerve damage resulting in the following conditions:

  • Paralysis of facial muscles and loss of sensation
  • Double vision or loss of vision
  • Difficulty with swallowing(21)
Serious complications of traumatic brain injuries.

Brain damage can also affect the following:

  • Memory
  • Learning
  • Reasoning
  • Ability to concentrate, solve problems, and make decisions
  • Language, speech, and writing skills
  • Ability to interact with people in social situations
  • Behavior
  • Mood
  • Hand-eye coordination
  • Balance(22)

Traumatic brain injury may also play a role in the development of brain-related degenerative diseases, such as Alzheimer’s and Parkinson’s disease. In Alzheimer’s disease, memory and thinking skills decline. With Parkinson’s disease, a person loses muscle function and control.(23)

  1. Centers for Disease Control and Prevention. (n.d.). Get the Stats on Traumatic Brain Injury in the United States. Retrieved from https://www.cdc.gov/traumaticbraininjury/pdf/bluebook_factsheet-a.pdf
  2. Centers for Disease Control and Prevention. (2017, April 27). Traumatic Brain Injury & Concussion. TBI: Get the Facts. Retrieved from https://www.cdc.gov/traumaticbraininjury/get_the_facts.html
  3. Ibid.
  4. Football Helmet Makers Hit By Concussion Litigation. (2017, February 1). Retrieved from https://www.bna.com/football-helmet-makers-n57982083157/
  5. Centers for Disease Control and Prevention. (2016, January 22). Traumatic Brain Injury & Concussion. Percent Distributions of TBI-related Deaths by Age Group and Injury Mechanism — United States, 2006-2010. Retrieved from https://www.cdc.gov/traumaticbraininjury/data/dist_death.html
  6. Ibid.
  7. Mayo Clinic Staff. (2014, May 15). Diseases and Conditions. Traumatic brain injury. Causes. Retrieved from http://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/basics/causes/con-20029302
  8. Ibid.
  9. American Speech-Language-Hearing Association. (n.d.). Traumatic Brain Injury (TBI). Retrieved from http://www.asha.org/public/speech/disorders/tbi/
  10. Ibid.
  11. Mayo Clinic Staff. (2014, May 15). Diseases and Conditions. Traumatic brain injury. Definition. Retrieved from http://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/basics/definition/con-20029302
  12. Mayo Clinic Staff. (2014, May 15). Diseases and Conditions. Traumatic brain injury. Symptoms. Retrieved from http://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/basics/symptoms/con-20029302
  13. Ibid.
  14. Ibid.
  15. Ibid.
  16. Ibid.
  17. Ibid.
  18. Ibid.
  19. Ibid.
  20. Mayo Clinic Staff. (2014, May 15). Diseases and Conditions. Traumatic brain injury. Complications. Retrieved from http://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/basics/complications/con-20029302
  21. Ibid.
  22. Ibid.
  23. Ibid.

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