12 Things You Need to Know About Traumatic Brain Injury
Traumatic Brain Injuries in Tennessee: What You Need to Know
How Do Traumatic Brain Injuries Occur?
Each of us is at risk daily of sustaining a traumatic brain injury (TBI). In Nashville, traumatic brain injury doesn’t have to occur from a car crash. It can result from a fall or a blow to the head with an object.
The CDC reports, based on their most recent data, 223,155 TBI-related hospitalizations in 2019, with 64,362 TBI-related deaths in 2020. Many of those are concussions, a milder form of traumatic brain injury. But concussions are still a brain injury, and can still lead to serious physical, emotional, and cognitive damage.
A TBI causes lesions in the brain from an impact that results in:
- Bruising of brain tissue
- Damage to brain nerves
- Tears in tissue that cause bleeding
- Swelling and pressure
Read on to learn some more facts about traumatic brain injury from our Tennessee traumatic brain injury attorneys.
Things You Need to Know
- Why Can TBIs Be Difficult to Identify?
- Are Concussions Traumatic Brain Injuries?
- What are Some Myths About TBI?
- How Long Does it Take to Recover From a Traumatic Brain Injury?
- All TBIs Can Have Serious Consequences
- Does the Part of the Brain Injured Matter?
- How Quickly Should You Seek Treatment After a Tennessee Brain Injury?
- How Much Are Medical Costs Associated with Traumatic Brain Injury?
- What If The Insurance Company Challenges My TBI Claim?
- What Can I Do to Strengthen My Tennessee TBI Claim?
- What Is The Value of My Tennessee Brain Injury Claim?
- How Can A Skilled TBI Attorney Help?
"When I was a teenager, Dad got hurt. Insurance company wouldn't pay. We lost our house. But, Dad got a lawyer and we got justice. That's the moment I decided to become an attorney. As a lawyer, I have dedicated my life to helping injury victims."
~ Rocky
1. Why Can TBIs Be Difficult to Identify?
A traumatic brain injury can result from any event that causes a head injury. An automobile or motorcycle accident are often the cause. But striking your head in a fall can also cause a TBI. Whiplash also often results in brain injury. Any event that jerks your head or jolts your brain inside your skull can cause a TBI. A rear-end collision or a carnival ride are some examples.
TBIs are not always easy to identify. You may not recognize the symptoms as TBI-related, or the symptoms may take a longer time to show up. However, if you ignore symptoms and continue normal activity, you may be in danger of causing more damage.
It’s essential to educate yourself about symptoms and to be aware of physical, cognitive, and behavioral changes in the weeks and months after an accident.
2. Are Concussions Traumatic Brain Injuries?
Yes, they are. We are so used to hearing about football players getting concussions frequently that we may not consider such an injury a serious matter. But the consequences of a concussion can impair our health and our ability to function in ways similar to a severe TBI.
A concussion is a mild form of traumatic brain injury. Falls are the most common cause of concussions, with car crashes and sports accidents being the next most common causes.
Symptoms of a concussion can include some of the following:
- Headaches
- Dizziness
- Sleepiness
- Slurred Speech
- Blurred Vision
- Confusion
When a person experiences a concussion, the brain can incur bruising, swelling, and a lack of blood and oxygen necessary for normal function. If not addressed, damage to the brain can affect normal functioning over time.
If you suffer a head injury, even if you think it’s minor, it’s important that you get a medical exam and follow the proper concussion protocol to avoid further damage.
3. What are Some Myths About TBI?
Perhaps you have heard that getting a TBI diagnosis requires a loss of consciousness. This is not so. As a matter of fact, people who have suffered a mild TBI may look, feel, and act normally, but the effects of the injury can show up much later.
There are other “myths” about TBIs that are generally accepted as fact, including:
- Negative test results mean there’s no injury
- People usually recover quickly from a TBI
- All brain injuries result in the same symptoms
Much of the medical testing done today is not sensitive enough to detect small lesions in the brain caused by a TBI. With time, this damage can affect one’s cognitive, physical, and emotional health.
Every traumatic brain injury case in Tennessee is different. The symptoms people with TBI suffer will vary. In some cases, symptoms may resolve quickly, while others may take months or even years to resolve. Some TBI sufferers may live with symptoms their whole lives.
4. How Long Does it Take to Recover From a Traumatic Brain Injury?
The average recovery time for a TBI is between six months to two years, but every person and every injury is different. In most cases, people will continue to have problems they will need to manage with medication or therapy.
A full recovery for people with severe TBI is more challenging. Even those with a mild to moderate TBI may continue to experience symptoms connected to the injury for years. A person who is comatose or unresponsive from a TBI may show some improvement, but progress is usually slow and full recovery is less likely.
5. All TBIs Can Have Serious Consequences
TBIs have serious consequences and can be debilitating and even deadly. TBIs from major accidents are immediately recognized as serious. Some can result in bleeding in the brain, a skull fracture, or coma.
But less traumatic injuries can also be serious and go unnoticed by an MRI. Small lesions in the brain caused by a TBI can result in some of the following symptoms:
- Memory Loss
- Dizziness
- Difficulty maintaining balance
- Headaches
- Emotional instability
- Disorientation and confusion
- Amnesia
- Blurred vision
In some cases, studies have found a connection between TBIs and Alzheimer’s disease.
If left untreated, symptoms can get worse over time. This damage to the brain can cause a dysfunction impacting a person’s ability to perform basic daily activities such as work, personal care, managing finances, or social interaction.
6. Does the Part of the Brain Injured Matter?
The part of the brain that is injured can determine the type of impairment a TBI patient experiences. For example, injuring your forehead can affect your judgment, language, and emotions. It can cause mood changes and difficulty with problem-solving. On the other hand, injury to the side of the head can cause difficulty in hearing and understanding the spoken word.
Treatment for a TBI must be tailored to address the type and severity of the injury the patient has sustained.
7. How Quickly Should You Seek Treatment After a Tennessee Brain Injury?
When you or your loved one sustains a head injury, it’s a good idea to see a neurologist or neuropsychologist to determine the extent of the damage. Even if you are not experiencing symptoms, seek medical treatment as soon as possible.
A doctor or neurologist can perform diagnostic tests to evaluate the level and severity of your TBI and prescribe treatment. It is important to follow your doctor’s treatment plan. This is essential for both your physical health and your legal case. Following your prescribed treatment is important should you later need to pursue litigation for your Tennessee brain injury. The attorneys at Rocky McElhaney Law Firm are here to help.
8. How Much Are Medical Costs Associated with Traumatic Brain Injury?
The economic fallout from a TBI on a Tennessee patient can be devastating. Medical costs, emotional trauma, psychological counseling, and loss of income can have a severe impact on an entire family’s well-being.
The U.S. National Library of Medicine notes that in-hospital costs for a brain injury patient can range from $2,130 to $401,808 a year. This doesn’t take into account things like rehabilitative care; occupational and speech therapy; adaptive devices; in-home care; and pain and suffering.
If you’ve sustained a TBI, it’s critical that you talk to an experienced Tennessee personal injury attorney to discuss how you may be able to recover your losses.
9. What If The Insurance Company Challenges My TBI Claim?
TBI cases face various legal challenges related to how insurance companies operate. Here are some of the issues involved in establishing an insurance claim for a traumatic brain injury:
- Symptoms are present, but tests don’t show brain damage
- Establishing fault when the victim doesn’t recall what happened
- Establishing cause when symptoms don’t show up soon after the accident
- Connecting long-term effectsof the TBI to the injury
Many people with TBIs may look and act normal but have symptoms like memory loss, poor motor skills, or an inability to do simple math — things that aren’t immediately evident at first glance. Keeping good records is helpful in documenting potential issues in traumatic brain injury cases. The attorneys at Rocky McElhaney Law Firm can help. We have years of experience in these types of cases.
10. What Can I Do to Strengthen My Tennessee TBI Claim?
Keep records of expenses and symptoms. Insurance companies want to avoid paying damages for your claim. They will question a connection between your symptoms and the injury you sustained from your accident. They may try to attribute your symptoms to other causes.
That’s why it’s important to keep good records. Document everything about your accident, injury, and treatment as much as possible. Here are some suggestions for keeping documentation:
- Keep a record of all your medical bills
- Document any treatments, therapies, or counseling sessions
- Document your symptoms and any limitations they have caused
- Record any impact of your injury on your ability to work and family life
- Take photos of your injuries or damage to your vehicle
Finally, work with a law firm that’s knowledgeable about Nashville traumatic brain injury cases. TBI cases are complicated. Hire a law firm with experience with this particular type of case.
11. What Is the Value of My Tennessee Brain Injury Claim?
If your lawyer determines you have a viable case, you may be able to recover compensatory damages. These include the cost of medical expenses, lost wages, or replacing lost property. It may also include damages for pain and suffering.
There may also be the possibility of recovering punitive damages. But these damages have limits. An award depends on showing outrageous behavior on the part of the defendant. Your Tennessee lawyer can explain how damages work. They can tell you how damages apply to your traumatic brain injury and determine if they apply to your case.
12. How Can A Skilled TBI Attorney Help?
In a traumatic brain injury litigation case in Tennessee, insurance companies are your enemy. They will try to prove you are faking your symptoms and will investigate you thoroughly, including things like your school records and work history.
An insurance company may call you and record your conversation. They do this in an attempt to get you on record saying something that might damage your case. That’s why it’s so important to have a good legal strategy and a good lawyer.
Here are some tips that may help:
- Get competent medical help as symptoms appear or worsen
- Try to return to work as soon as possible
- Monitor your social media or other public communication
- Get names of witnesses who can vouch for you
Most importantly, find a Nashville traumatic brain injury expert who can advise you and guide you through the litigation process.
Related Resources:
Proving Your Brain Injury Case Part 2: Teaching the Jury What It Means for You and Your Family
Talk to a traumatic brain injury lawyer in Nashville today
Sustaining a brain injury can be devastating to your health and way of life. But a specialist in TBI litigation can counsel you on how to recover your losses. At Rocky McElhaney Law Firm, our traumatic brain injury lawyers are personal injury experts. We focus on traumatic brain injury cases in Nashville, Murfreesboro, Hendersonville, Clarksville, and throughout Tennessee. We help people put their lives back together after a serious injury. To talk to a member of our team, call us at 615-425-2500 or fill out our contact form to schedule a free initial consultation.