Brain Injury Attorney
Houston, Texas
Brain injuries can profoundly and lastingly impact every aspect of a person’s life, and at Kirkpatrick Law, we recognize the depth of the challenges they present. Eric Kirkpatrick is dedicated to supporting victims in their pursuit of justice and the full compensation they deserve. With a sincere commitment to addressing the unique needs of each case, we navigate the intricacies of brain injury claims with skill and sensitivity, always with the goal of securing the most favorable result for our clients.
Table Of Contents
What is A Traumatic Brain Injury
Traumatic Brain Injury (TBI) represents a significant and often life-altering condition where damage to the brain occurs as a result of external mechanical force. This injury typically results from a severe blow or jolt to the head or body, which can be caused by various incidents including vehicular accidents, falls, sports injuries, or violent assaults. The spectrum of TBI severity ranges from mild, commonly referred to as a concussion, which may temporarily affect brain cells, to severe, which can result in torn tissues, bleeding, and other physical damage to the brain leading to long-lasting complications or even death.
The manifestation of a traumatic brain injury can vary greatly depending on the extent and location of the brain damage. Symptoms can be physical, such as headaches, dizziness, fatigue, speech problems, and seizures. Cognitive and emotional effects can be just as debilitating, often including memory loss, concentration issues, mood swings, and depression. The complexity of the brain means that each injury is unique and can affect individuals in myriad ways.
Moreover, indirect trauma can also lead to TBI, such as in cases where a sudden, forceful motion causes the brain to move within the skull, damaging brain structures without a direct external blow. Deprivation of oxygen to the brain, known as anoxic brain injury, is another form of trauma that, while not always classified under TBI, shares similarities in terms of potential causes, including but not limited to medical malpractice, strangulation, or chemical poisoning, leading to brain cell death or damage.
Understanding the legal rights and options is crucial for anyone who has suffered a traumatic brain injury due to someone else’s negligence or intentional acts. The path to recovery can be long and challenging, involving medical treatment, rehabilitation, and sometimes lifelong care. Compensation obtained through legal action can provide essential support for medical expenses, lost wages, and pain and suffering, helping victims and their families navigate the aftermath of such profound injuries and working toward as full a recovery as possible.
What Are the Symptoms of TBI?
Physical Symptoms
- Dizziness
- Blurred vision
- Headaches
- Loss of vision
Cognitive symptoms
- Amnesia
- Short term memory loss
- Disorientation
- Poor Concentration
Emotional symptoms
- Agitation
- Depression
- Irritability
- Depression
- Personality changes in general
- Changes in appetite
What Are Some Types of Traumatic Brain Injuries?
Concussion
This is the most common type of brain trauma. It occurs with both closed and open head injuries. Impacts to the head often cause concussions. Violent shaking of the head or whiplash-type movements can cause concussions as well. A concussion often results in post-concussion syndrome. Concussions are often referred to as mild traumatic brain injury.
A concussion is very serious and warrants immediate medical attention. Post-concussion syndrome can hinder your ability to do simple tasks or even your job. Most individuals that have concussions recover shortly thereafter. However, some do not, and they have lingering effects due to post-concussion syndrome.
Contusion
A contusion is the result of an impact to the head resulting in severe bruising or bleeding of the brain. Large contusions often need surgery. It is important to note that a cerebral contusion can cause blood vessel leaks and microhemorrhages. Contusions with swelling, known as edema, often need surgery to reduce intracranial pressure. This pressure can be life-threatening or result in permanent brain damage.
Coup-Contrecoup
Coup-Contrecoup is a result of two contusions on both sides of the brain. The first contusion is due to the initial impact of the head. The second is due to the force of the hit causing the brain to slam into the other side of the skull. In a coup-contrecoup brain injury, both sides of the brain are injured.
Diffuse Axonal Injury
Diffuse Axonal Injury happens when the brain lags behind the movement of the skull. This creates tears in parts of the brain. The cause of this is intense shaking or twisting of the head. A diffuse axonal injury to the brain can cause severe problems and even death. Those with diffuse axonal injury commonly lose consciousness at the time of trauma.
Penetration
This is an injury where something is forced through the skull and into the brain. This can be the result of a stabbing, gunshot, or any other sharp object. These injuries most often end in death.
Common Causes of Traumatic Brain Injuries
Traumatic Brain Injuries (TBIs) are often the result of accidents or violent events that disrupt the normal function of the brain. While the exact circumstances leading to a TBI can vary widely, several common causes are frequently identified in such cases. Understanding these causes is essential for prevention and for identifying situations where legal recourse may be appropriate when the injury is due to another party’s negligence or wrongdoing.
Falls
Falls are the leading cause of TBIs. They can occur at home, at work, or in public places and affect all age groups. High-risk populations include young children and the elderly. Falls can result from slips, trips, poor workplace safety, inadequate lighting, or lack of proper railings and support structures.
Motor Vehicle Accidents
Collisions involving cars, motorcycles, trucks, bicycles, and pedestrians can cause head injuries either through direct impact with the vehicle or another object or by the forceful whiplash motion that jostles the brain inside the skull.
Violence
Assaults, domestic violence, gunshot wounds, and other forms of interpersonal violence can cause TBIs. Shaken Baby Syndrome, a form of inflicted TBI in infants, is caused by violent shaking that leads to brain injury.
Sports Injuries
Contact sports such as football, boxing, hockey, and soccer, as well as high-impact activities like skateboarding and snowboarding, can result in TBIs from collisions, falls, or impacts.
Explosive Blasts
The rapid change in atmospheric pressure and resulting shockwaves can cause brain injuries, even without directly impacting the head. Additionally, chemical explosions or oil field explosions can contribute to brain injuries.
Work-Related Accidents
Industrial and construction accidents can cause TBIs, especially in environments where there is a risk of being struck by or against objects, or falls from height.
What is a Mild Traumatic Brain Injury?
Mild traumatic brain injury is defined as a traumatically induced physiological disruption of brain function. This means any one of these symptoms is present:
- Any period of loss of consciousness
- Loss of memory for events immediately before or after the accident
- A mental state that is altered at the time of the accident (such as dizziness or confusion)
If the period of unconsciousness or altered mental state lasts shorter than a period of 30 minutes, the TBI will be classified as “mild.” The majority of documented traumatic brain injuries are classified as mild. The physiological disruption of brain function can be the result of the head being struck or striking an object. TBI is also known to occur when the brain undergoes an acceleration/deceleration movement, known as whiplash. There does not need to be direct external trauma to the head.
Negligence Can Cause Brain Injuries
Traumatic brain injuries typically occur at the hands of another. It is commonly due to another’s negligence. The following accidents commonly lead to serious TBI and related symptoms:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Commercial truck accidents
- Slips, trips, and falls or hazards on another party’s premises
- Construction accidents
- Industrial explosions and accidents
Traumatic Brain Injury Victims: A Guide to Potential Compensation
Suffering from a traumatic brain injury (TBI) due to someone else’s negligence or deliberate wrongdoing can be life-altering. If you find yourself in this unfortunate situation, you might wonder about the compensation you’re entitled to for the harm caused. The compensation varies, influenced by the nature of the injury, the local legal landscape, and other case-specific factors. Below are the types of damages that might be available to TBI victims:
- Medical Costs: This covers all medical treatment related to the TBI, from immediate care following the incident to long-term therapies and any necessary surgical interventions.
- Loss of Income and Future Earning Ability: If the injury affects your ability to work, compensation can include lost wages and the potential earnings you’ve been deprived of due to the TBI.
- Pain and Suffering: TBI often leads to significant physical discomfort and emotional turmoil, both of which are compensable as non-economic damages.
- 4. Rehabilitation and Therapy: The road to recovery may involve extensive rehabilitation and various therapeutic interventions to facilitate your return to daily activities.
- Disability and Impairment: If the brain injury results in permanent disability or impairment, compensation can reflect the profound changes to your lifestyle and abilities.
- Emotional Distress and Mental Healthcare: The psychological impact of a TBI can be severe, warranting compensation for emotional distress and the costs of mental health treatments.
- Loss of Consortium: This acknowledges the impact of the injury on your relationships, particularly the loss of companionship and support experienced by your loved ones.
The complexities of traumatic brain injury cases mean the awarded damages heavily depend on factors like the injury’s severity, the alteration to your life quality, and the persuasive presentation of evidence. Engaging a skilled personal injury attorney, especially one focusing on TBIs, is crucial to navigating these complexities and securing the compensation you rightfully deserve.
Contact Kirkpatrick Law
Kirkpatrick Law stands ready to support you. Our extensive personal injury law experience means we understand TBIs’ intricacies. We’re here to navigate the complex legal landscape and advocate for the compensation and justice you deserve.
If you’re facing the aftermath of a TBI and feel overwhelmed by the legal and medical journey ahead, don’t hesitate to call Kirkpatrick Law. We’re here to answer your questions and provide the professional legal guidance you need during this challenging time.
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