Traumatic Brain Injuries After Car Accidents? What To Do For Legal Recovery
by Evan Breaux | Auto Accidents | 0 comments
In this article, we cover the facts about traumatic brain injuries, symptoms of head injuries after a car accident, and what steps to take after brain injuries from car accidents.
Car accidents can change your life in an instant, and often result in a wide range of injuries and personal damages. In the immediate aftermath of an accident, some injuries are apparent — like broken bones, sprains, crushed limbs, or tissue damage — and may require a ride in an ambulance to the hospital.
Other types of injuries, like traumatic brain injuries (TBIs), can be just as damaging, but much more hidden: symptoms may not appear for days or even weeks after the crash. Yet TBIs can change the whole course of your life.
At Breaux Law Firm in New Orleans, Louisiana, we understand all too well the challenges faced by accident victims who are dealing with TBIs.
Let’s review the various aspects of traumatic brain injuries, their impact on victims, and how our experienced legal team can help you seek the compensation you deserve for a full legal recovery.
What is a TBI After a Car Accident?
Traumatic brain injuries are a type of injury that results when external forces cause damage to the brain. Often, this type of injury occurs from the violent motion of the head or jolt to the head during a vehicle accident, such as whiplash.
According to the National Institute of Neurological Conditions and Stroke, whiplash is an injury to the soft tissue of the neck due to sudden hyperextension and hyperflexion. In severe cases, whiplash may also include injury to joints, discs, ligaments, cervical muscles, or nerve roots. A forceful blow to the head can also cause severe brain injuries.
Traumatic brain injuries can range from mild concussions to severe, life-altering brain damage that impacts everything about a person’s life, personality, and future. Here are some common types of brain injury:
1. Concussion
A concussion is a mild traumatic brain injury that typically involves a temporary loss of brain function. Concussion symptoms may include confusion, memory problems, headaches, and dizziness.
While concussions are usually not life-threatening, they should be taken seriously and monitored by medical professionals. Injury treatment for a concussion often includes plenty of physical and mental rest, to give the train time to recover.
2. Contusion
Contusions are bruises on the brain, often caused by direct impact to the head. This type of brain trauma varies in severity and may require surgery to remove blood clots or alleviate pressure on the brain.
3. Diffuse Axonal Injury (DAI)
DAI occurs when the brain rapidly shifts inside the skull, causing damage to the brain’s nerve cells. This type of TBI is particularly severe and can lead to long-term cognitive impairment or, in the worst instances, a vegetative state.
4. Penetrating Injury
In some accidents, brain tissue can be damaged by foreign objects, like glass or debris, that penetrate the skull in an open head injury. These severe traumatic injuries are often life-threatening and may require emergency surgery.
Statistics on Traumatic Brain Injuries
TBIs are unfortunately somewhat common in the US. According to the Center for Disease Control and Prevention (CDC), “There were over 69,000 TBI-related deaths in the United States in 2021. That’s about 190 TBI-related deaths every day.” The CDC goes on to report that car accidents are among the most common way that people may get a TBI, alongside gun violence, assaults, and falls. Research published in the National Institute of Health’s Library of Medicine states: “According to recent studies, there are 500 to 800 new cases of TBI per 100,000 people, accounting for up to 50% of all trauma-related deaths, and 15 to 20 people with disabilities for every 100,000 people.”
Symptoms of TBI
Symptoms of a traumatic brain injury may not appear immediately. In the chaos of a car accident, adrenaline pumping through your veins can mask signs of injury, and the symptoms of a TBI may begin to show up days or even weeks later. It’s crucial to be aware of the potential signs and symptoms of a TBI:
Headaches or migraines
Nausea and vomiting
Difficulty concentrating or making decisions
Memory problems
Slurred speech
Changes in mood or behavior
Sensitivity to light or noise
Loss of consciousness, even briefly
If you or a loved one experiences any of these symptoms following a car accident, seek immediate medical attention. A timely diagnosis and proper brain injury treatment can greatly help lessen the impact of a mild or even severe traumatic brain injury.
What to do for TBI After a Car Accident
Brain injuries caused by car accidents often require extensive medical treatment, rehabilitation, and ongoing care. Don’t wait to talk to a medical professional! The long-term impacts of a severe injury to the brain include:
Cognitive impairments that affect their memory, problem-solving abilities, and concentration
Emotional and behavioral changes, like mood swings, depression, and anxiety
Physical disabilities, like paralysis, loss of coordination, and sensory deficits
The cost of medical treatment, rehabilitation, and ongoing care, along with a potential inability to return to work
After you’ve spoken to a doctor about your injuries, you should also talk to a car accident lawyer. A personal injury attorney knows how to help brain injury victims make a full legal and financial recovery.
How to Make a Claim after a TBI
If you or a loved one has suffered a traumatic brain injury in a car accident, it’s essential to consider seeking legal recourse to ensure you receive the compensation necessary to cover medical expenses and other losses.
Don’t think that you have to go it alone, figuring out how to deal with your insurance company or the insurance company of the driver who caused the accident!
Why work with an experienced personal injury lawyer? Navigating the legal complexities of a TBI case can be daunting, especially when you’re already dealing with the physical and emotional challenges of recovery.
Having an experienced attorney, like our team at Breaux Law Firm, by your side can make a significant difference in the outcome of your case. Our attorneys have a deep understanding of Louisiana personal injury law, including the nuances specific to TBI cases. We can help you build a strong case and advocate for your rights.
Here’s how Breaux Law Firm can help you navigate the legal process:
1. Establish Liability
Determining who is at fault for the accident is crucial. Our experienced attorneys will investigate the circumstances surrounding the collision, gather evidence, and work with accident reconstruction experts to establish liability. This step is essential in securing compensation from the responsible party or their insurance company.
2. Document Damages
TBIs can result in extensive medical bills, rehabilitation costs, lost wages, and both past and future pain and suffering. Dealing with insurance companies, gathering evidence, and preparing for litigation can be overwhelming tasks. Breaux Law Firm has the resources and experience to handle all aspects of our client’s case, documenting the full extent of injuries caused by car accidents.
3. Negotiate with Insurance Companies
Dealing with insurance companies can be complex and overwhelming, especially when you’re recovering from a TBI. Our attorneys will handle all communications and negotiations with insurance adjusters, advocating for a fair settlement on your behalf.
4. Prepare for Litigation
If necessary, we are prepared to take your case to court to pursue the compensation you deserve. Our accident lawyers have a proven track record of success, and our goal is to secure the maximum compensation possible for our clients. We will assess your damages and fight for your right to compensation for medical expenses, lost wages, pain and suffering, and other losses.
5. Offer Support and Guidance
Dealing with the aftermath of a car accident and a TBI can be emotionally and physically draining. Our legal team not only fights for your rights but also offers support and guidance throughout the process, ensuring that you have the resources you need to focus on your recovery.
Call Breaux Law Firm Today — Don’t Wait Too Long!
It’s important to note that Louisiana has a statute of limitations that sets a deadline for filing a personal injury lawsuit. In most cases, you have one year from the date of the accident to file a lawsuit. This is why it’s crucial to talk with an attorney as soon as possible after a car accident that results in a TBI, or even if you suspect you might have a brain injury.
Dealing with any type of traumatic brain injury after a car crash is a challenging and often life-altering experience. At Breaux Law Firm in New Orleans, Louisiana, we are committed to helping TBI survivors and their families seek the compensation they need to rebuild their lives.
If you or a loved one has suffered a TBI or any type of head trauma in an auto accident, don’t hesitate to reach out to our experienced personal injury attorneys for a free consultation. We are here to fight for your rights and provide the support and guidance you need during this difficult time. Remember, you don’t have to face the aftermath of a TBI alone; we are here to help you on the road to recovery.
