Collectively, these two types of brain injuries cause or contribute to about 50,000 deaths in the United States every year.
Both TBIs and ABIs are progressive. Initial symptoms, like unconsciousness and nausea, soon give way to more advanced symptoms, such as personality changes, tinnitus (ringing in the ear), and extremely severe headaches. These symptoms are fatal if not properly treated. Additionally, both kinds of injuries are permanent. Unlike dead bone or skin cells, dead brain cells do not regenerate.
Traumatic brain injuries come with serious symptoms and a high death rate. An Indianapolis personal injury attorney can help injured victims pursue the compensation they require brain injury cases. This compensation normally includes money for medical bills, lost wages, and pain and suffering.
Liability for TBIs
Car crashes are by far the leading cause of traumatic brain injuries. Many times, the motion of a car wreck is enough to cause a TBI. During a crash, the victim’s head often violently snaps forward and backward, causing the brain to experience impact inside the skull. Furthermore, even the most advanced restraint system cannot contain all the forces in a car crash. So, many victims hit their heads on steering wheels and other solid objects.
The tortfeasor (negligent driver) may be financially responsible for TBI damages according to the following legal theories:
- Ordinary Negligence: Driver error causes over 90% of all car crashes. Typically, these errors are not “accidents.” People accidentally misplace their house keys. They do not accidentally do things like falling asleep at the wheel and causing wrecks.
- Negligence Per Se: Negligence is basically a lack of care. Sometimes, a safety law, like the DUI Law, establishes the standard of care. So, if tortfeasors violate such a law and cause injury, they might be responsible for damages as a matter of law.
Third party and organizational liability are also common in TBI claims. For example, if the tortfeasor was an Uber driver or other commercial operator, the employer might be responsible for damages. On a similar note, many sports leagues do not fully protect their players from brain injuries.
TBIs are often difficult to diagnose. Many victims do not experience signature symptoms, such as unconsciousness. Furthermore, especially in collision-related TBIs, many of these injuries are misdiagnosed.
ABIs and Indianapolis Personal Injury Lawyers
Diagnosis difficulties often come up in this context as well. In fact, medical negligence is one of the leading causes of Acquired Brain Injuries. A number of chronic health conditions cause ABIs, such as:
- Heart disease,
- Diabetes, and
- Brain hypoxia (lack of oxygen) at birth.
Hypoxia often occurs when the baby is too large to move down the mother’s birth canal. When that happens, the umbilical cord could wrap itself around the baby’s neck. Cerebral palsy sets in after just five minutes of hypoxia. Cerebral palsy symptoms vary significantly, from barely noticeable to completely debilitating.
Because of their training and experience, doctors have a much higher duty of care than vehicle operators. Therefore, it is easier to establish negligence in these cases. Frequently, attorneys partner with expert witnesses to establish things like causation and the applicable standard of care.
Contact Assertive Lawyers
Brain injuries have multiple causes and multiple solutions, from a legal standpoint. To schedule your initial free consultation with a personal injury attorney in Indianapolis, contact Holland & Holland.