Traumatic Brain Injury (TBI) Claims
From slip and fall accidents to catastrophic head-on collisions, almost any type of violent incident can result in a traumatic brain injury (TBI). The brain is a delicate organ and incredibly susceptible to serious wounds in an accident. When a sudden physical impact affects this area, injuries can range from mild concussions to severe brain damage, coma, and even death.
If you or a family member experienced a serious brain injury in an accident or other incident caused by another, you may be entitled to a significant amount of financial compensation. A Phoenix brain injury attorney at Cullan & Cullan can help you take the right steps to recover the money you need for medical care and so much more. We are here to restore your stability and quality of life to the fullest possible extent.
Contact our offices at (602) 900-9483 for a free, confidential review of your claim.
Brain Injury Symptoms
Brain injuries aren’t always immediately obvious or are not immediately understood. Mild TBIs, for instance, may show subtle symptoms that a lay person does not understand. There are two types of TBIs: closed and penetrating brain injuries.
- Closed brain injuries are the most common, which occur when the brain sustains an injury within the skull. Closed brain injuries can happen when something jostles, shakes, or moves the brain rapidly back and forth inside the skull. Closed brain injuries can result from car accidents, slips and falls, child injuries (as in cases of child abuse), rollercoasters, and sports such as football, basketball, soccer, and other sports.
- Penetrating brain injuries, or open-head injuries, occur when something breaks the skull and impacts the brain, that are common in head on collision and T-bone accidents.
The symptoms of a brain injury depend on the severity of the TBI. Every incident is unique and will affect victims differently. Common symptoms include:
- Cognitive difficulties
- Speech and language deficits
- Partial or total loss of vision or hearing
- Headaches
- Altered sense of smell or taste
- Sensitivity to light and noise
- Seizures
- Sleep disorders
- Behavioral disorders
- Depression
- Personality change
After sustaining a TBI, victims often face a long road to recovery or have little to no chance of ever fully recovering. Victims will need rehabilitation to improve mental and motor functions as well as therapy to address the emotional devastation of a debilitating injury.
Testing for TBI
Diagnosing a traumatic brain injury requires medical testing such as MRIs, CT scans, PET scans, intercranial pressure monitoring, neurophychological testing, and more. MRIs, CT scans, and PET scans give doctors a detailed picture of the brain so they can quickly view and diagnose fractures, hemorrhaging, clots, bruises, and swelling. Pressure monitoring with a small probe inserted through the skull can keep an eye on additional damage that can occur after a brain injury.
Neuropsychological testing, performed by a clinical psychologist, assesses brain function by looking at the relationship between the brain’s anatomy and a patient’s behavior. This can help diagnose persistent and/or profound issues present after a serious injury or accident.
Common Causes of Brain Injuries
For people under the age of 75, the most common cause of TBI is car accidents. For those older than 75, the most common cause is slips and falls. These two most common causes are both preventable. More often than not, negligent drivers cause car accidents from inattention, distraction, failure to obey the rules of the road, or reckless driving. Slip and fall accidents can result from dangerous premises with unreasonable hazards, such as unsafe workplaces or commercial properties or in nursing homes.
Negligence & Traumatic Brain Injuries
Victims often suffer brain injuries as a direct result of someone else’s negligence. If you or someone you love suffered a TBI, seek medical attention and then call a local attorney to help you file a claim to hold that party accountable.
A Phoenix brain injury attorney at Cullan & Cullan can investigate your case and create a plan to prove the three main elements of negligence:
- The defendant owed you a level of duty to act with reasonable care.
- The defendant breached this duty in some way.
- You suffered a brain injury because of this breach.
Proving negligence in a brain injury case requires an investigation into the accident, including gathering relevant medical records and recreating the event if necessary. Remember: an apparent lack of TBI symptoms doesn’t mean you don’t have one. Always seek medical attention after any type of accident, and keep copies of your medical records and bills.
You might also base your brain injury case on the laws of product liability. If a defective or dangerous product (such as a faulty piece of machinery) caused your brain injury, you may be able to sue the manufacturing company. In this case, your lawsuit would look different than in a typical negligence case. In either situation, arm yourself with an aggressive, knowledgeable attorney to obtain the best possible settlement.
At Cullan & Cullan, our Phoenix injury attorneys excel in and out of the courtroom. With medical and legal backgrounds, we know how to prove the extent of your injuries and gather solid evidence against a negligent defendant.
Contact us at (602) 900-9483 today for a free consultation with one of our lead attorneys.