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Aaron Larson
Attorney at Law
Traumatic Brain Injury
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The worst thing you can do if you have suffered a traumatic brain injury is mistakenly assume that you have not suffered injury, or that "it will get better by itself." If you suffer a brain injury in an accident, but do not report your symptoms or seek medical help, you may find yourself unable to convince your insurance company that your injury resulted from the accident. You may also find yourself unable to recover money damages from the person who caused your injury. A brain injury can be the longest lasting, most debilitating injury resulting from an accident, affecting your life long after your other injuries have healed.
Many brain injuries result from automobile accidents.
Michigan's No Fault law recognizes the
special nature of brain injuries, and provides a good framework
for recovering both damages from an at-fault driver, as well as
appropriate medical and rehabilitative care. Many individuals with
brain injuries resulting from autombile accidents will benefit from
having an experienced lawyer review their situation, and help them
get all of the benefits to which they are entitled, including First
Party No Fault benefits.
If you believe you have a brain injury, seek
treatment at the earliest possible date. Even if
you don't think you have suffered a brain injury, you should report
to your physician any symptoms that might suggest a brain trauma
or blow to the head, such as pain or bruising, headaches, loss of
memory of events before or after an accident, dizziness, tinnitus
(ringing in the ears), bleeding or seepage of fluid in the ear canal,
or any other suspicious symptoms. An emergency room physician should
be prepared to respond to your questions about your symptoms, and
can help determine if you show any immediate signs of brain injury,
or if you should go through testing or further examination for possible
injury.
It is a common mistake to assume that a brain injury
cannot result from a low-speed traffic accident. There is now substantial
medical literature, establishing that brain injury can occur even
as the result of "minor" traffic accidents. Don't allow
yourself or your physician to be fooled by the "minor"
nature of the accident -- if you show any signs of a brain injury,
you should explore the possibility that you have suffered one.
Traumatic brain injury (TBI) can arise from a variety of causes.
The most common cause is a direct blow to the head of the injured
person. However, a brain injury can occur even without a blow to
the head - the brain can be injured by colliding with the inside
of the skull. The brain can "ricochet" inside the skull
as the result of an accident, resulting in injury even with little
or no direct force to the outside of the head. Brain injuries can
occur suddenly, as the trauma causes tissues in the brain to tear,
or can occur as a result of swelling or bleeding of the brain following
a traumatic incident. TBI can result from violent shaking (as with
"shaken baby syndrome," sometimes seen in abused children),
a loss of oxygen to the brain, poisoning or infection.
Serious brain injuries are usually apparent at the time of injury. However, mild traumatic brain injury (MTBI) is less likely to be diagnosed. Symptoms associated with MTBI include:
- Brief loss of consciousness;
- Loss of memory immediately before or after the injury;
- Any alteration in mental state at the time of the accident;
- Focal neurological deficits.
In many MTBI cases, the person seems fine on the surface, yet continues to endure chronic functional problems. Some people with MTBI suffer from post-concussion syndrome (PCS), and may experience significant changes in their personality and cognitive abilities.
Traumatic brain injury can significantly affect an injured person's mental, physical and psychological well-being.
Physical State
Symptoms can affect strength, endurance, balance and ability to walk (ambulation), coordination, and fine motor skills. Symptoms can also include tinnitus (ringing in the ears), visual blurring or double vision. An injured person may also suffer severe headaches or seizures as a result of TBI. Psychological State
A broad variety of psychological effects can result from a brain injury, including change of personality, loss of impulse control, decreased judgment and depression. Depression may result from the brain injury itself, or as a reaction to the personality changes, loss of capacity, headaches, or other symptoms resulting from the injury. Mental Functioning
Cognitive symptoms can include speech and communication difficulties, memory loss (short term and long-term), problems processing information, disorientation, frustration, anger, and loss of perceptual skills.
People who suffer brain injuries offen have adjustment difficulties during their recovery. It can be very difficult to deal with the change of personality, and the loss of cognitive skills that may result from a brain injury. It is difficult for people to accept that what used to come naturally to them is now a struggle. The recovery and therapy process, even where a brain injury is relatively mild, can be physically, mentally and emotionally exhausting. If the injured person is also suffering from headaches or depression, the exhaustion can be magnified.
If you have been diagnosed with a brain injury, you should consult with physicians and psychologists who specialize in brain injury cases, as they are in the best position to prescribe appropriate therapies and medications to help you make the fullest possible recovery. In appropriate cases, vocational therapy will be appropriate, perhaps including a "job coach" who will accompany you to work to help you readjust to your employment and to develop strategies to help you perform your work. Medications should be chosen with care, to avoid problems with dependence or "rebound headache."
In the event of brain injury, family education is often appropriate, where family members will learn about the effect of TBI on the injured family member. A TBI will affect the injured person's relationships with other family members, and early education and family counseling can be very beneficial.
If your child has been in an accident, please remember that young children may have difficulty articulating the symptoms they are suffering as the result of a brain injury. It is up to you to watch for the signs of brain injury in your child, and to seek appropriate testing if you believe that your child has suffered a brain injury. Children are susceptible to brain injury from sources that their parents may not recognize, such as being poisoned by lead paint "dust" in older houses. (Don't make the mistake of assuming that lead paint poisoning comes only from "eating paint chips" - lead paint dust can be created by opening and closing windows that have been painted with a lead-based paint. That dust, if ingested, can poison your child, even if your child would never "eat paint chips." If you think your house may contain lead paint, have it tested to make sure that the lead levels are safe for your children.) The consequences of brain injury in a child can be extremely stressful on a family, and can affect the child for the rest of her life.
If you believe that you or a member of your family has suffered a brain injury, seek appropriate medical treatment, and seek it early. If you believe that somebody may be legally responsible for the injury, whether through an intentional act or as the result of an accident or negligence, consult an attorney who is experienced with brain injuries to help you determine if you should file a lawsuit.
Disclaimer
The information contained in this web site is provided as a public service. While the information on this site is about legal issues, it is not legal advice or legal representation and should not be relied upon as legal advice. Because of the rapidly changing nature of the law, we make no warranty or guarantee of the accuracy or reliability of information contained herein or at other sites to which we link. As legal advice must be tailored to the specific facts and circumstances of your case, information cannot substitute for the advice of competent legal counsel.
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Mr. Larson does not seek clients from outside of the state of Michigan. If you require legal advice, please contact an attorney licensed to practice in your state. We will be happy to assist you, if possible.