Below are some of the most common types of traumatic brain injuries:
- Concussion. This is the most frequently occurring type of TBI, which is usually the result of a direct impact to the head or intense head shaking. Although the effects of a concussion often subside within a few weeks, experiencing multiple concussions can cause more significant and enduring harm.
- Contusion. A contusion refers to a bruise on the brain, which involves bleeding and typically results from a direct blow to the head. In cases where contusions are large, they may necessitate surgical intervention to remove them if they lead to increased pressure within the brain.
- Coup-contrecoup injury. This type of injury happens when the force striking the head is powerful enough not only to cause a contusion at the point of impact but also on the opposite side of the brain, resulting in a secondary contusion.
- Diffuse axonal injury (DAI). This type of injury involves the tearing of the brain’s long connecting nerve fibers (axons), which can occur when the head is rapidly shifted, often in car accidents or falls. This can disrupt normal brain function and result in a variety of functional impairments or even a coma.
- Penetrating injury. This type of TBI occurs when an object pierces the skull and enters brain tissue. Such injuries are often fatal or lead to severe brain damage, affecting multiple brain areas depending on the trajectory of the penetrating object.
- Anoxic brain injury. Although not caused by an external mechanical force, anoxic brain injuries occur when the brain does not receive enough oxygen. This can happen due to a traumatic event where breathing is disrupted or blood flow is impaired.
So, how does a TBI affect the body?
It’s important to understand that different types of traumatic brain injuries can have similar symptoms. A mild TBI can result in headaches, fatigue, dizziness, nausea, and vomiting. It’s also possible to experience confusion, sleeping too little or too much, concentration problems, mood swings, anxiety, and sensitivity to light or sound.
Moderate to severe TBIs can include all the same symptoms as mild injuries, in addition to other issues. A person can have fluid drainage from the nose or ears, numbness in the fingers and toes, seizures, coordination problems, slurred speech, combative behavior, and loss of consciousness. In the most severe situations, death can occur.
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What Is Life Like After a Traumatic Brain Injury?
After a traumatic brain injury, it’s crucial to get the right medical care so you can have the best chance at recovery. Blood tests and imaging exams like MRIs can help doctors diagnose you. Depending on the severity of your injury, you might have to stay in the hospital for monitoring and treatment.
Many people with milder TBIs can recover on their own with minimal treatment, while those with moderate to severe injuries often require rehabilitation to help them function. Traumatic brain injury rehab is tailored to the person’s unique needs and can be modified over time as they heal. Rehabilitation can take place in a hospital, day program, independent living facility, or even at home in some cases.
Because everyone is different, the length of time rehab will take depends on each person’s unique factors. If your TBI is more moderate and you respond well to your therapy, you may have a faster recovery and a good prognosis. For those with more severe brain injuries, rehab could take more time or last indefinitely. Many people with TBIs go on to live full, productive lives after rehabilitation.
How Much Compensation Do You Get for a Traumatic Brain Injury?
If someone else caused your traumatic brain injury through negligence, recklessness, or an act of violence, you have a right to file a lawsuit and hold them liable.
If successful, you can recover compensation for:
- Economic damages, like medical expenses, lost wages, lost earning capacity, and property damage
- Noneconomic damages, like pain and suffering and loss of consortium (loss of companionship or an intimate relationship due to the injuries)
Punitive damages may also be awarded in cases involving egregious behavior stemming from recklessness or violence. This is meant to punish the defendant and deter similar actions in the future.
Do I Need an Attorney to Help With a Brain Injury Claim in SC?
In most cases, the answer is yes. After suffering a TBI in an accident caused by another person, consulting with a local personal injury attorney is not just recommended—it’s often crucial.
A lawyer specializing in brain injury cases can help identify the at-fault party (or parties), gather evidence to prove their liability, and negotiate with their insurance company for a reasonable settlement.
Brain injury cases can be complex, requiring not only legal but also medical expertise, so you need an attorney who knows how to navigate these cases.
If any facts are unclear, they can consult expert witnesses to help determine how you sustained your injury and the impact it could have on your life going forward, so you can get the compensation you need to sustain you well into the future.
What About Brain Injuries at Work?
Brain injuries occurring at work can arise from a variety of sources, such as falls, accidents involving heavy machinery, vehicular collisions while driving for work or violence during police duties. In South Carolina, workers who sustain brain injuries on the job may be entitled to compensation through the state’s workers’ compensation system. This system provides benefits regardless of fault, covering medical expenses and lost wages.
If the injury involved a third party—such as a contractor, equipment manufacturer, or another non-employee—the injured worker might also have the right to file a personal injury lawsuit against that third party in addition to receiving workers’ comp benefits.
This can provide a pathway to additional compensation for damages not covered by workers’ comp, such as pain and suffering and full loss of future earnings.
In such cases, it’s best to consult with an attorney who specializes in both workers’ compensation and personal injury claims to ensure you fully understand and utilize your legal options for financial recovery.
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FAQs About TBIs
What Are the Long-Term Effects of a TBI?
In the long term, a TBI can affect a person’s ability to think, understand, and communicate. It can also cause severe movement issues, a lack of impulse control, confusion, and memory issues.
Because of this, it’s crucial to understand the full extent of a TBI before accepting any settlement offers from the insurance company.
How Do I Prove the Extent of a Brain Injury in Court?
Proving the extent of a brain injury in court typically requires comprehensive medical evidence and expert testimony.
Medical documentation, including brain scans such as MRIs or CT scans, can visually demonstrate the injury’s severity and location. Neurological assessments conducted by medical professionals also play a critical role in documenting the functional impacts of the injury.
Additionally, testimony from neurologists, psychologists, and other medical experts can provide a detailed explanation of the long-term effects and prognosis of the injury. In some cases, witness statements about changes in the injured person’s behavior and abilities post-injury can also support the case.
Can Family Members Claim Compensation on Behalf of a Tbi Victim?
Yes, if a TBI victim is incapacitated and unable to manage their own legal affairs, a family member or legal guardian can file a lawsuit or insurance claim to seek compensation for medical expenses, lost income, and other damages.
Additionally, family members may also be eligible to file their own claims for loss of consortium, which compensates for the loss of relationship benefits due to the injury.
What Is the Statute of Limitations for Filing a Tbi Claim in South Carolina?
South Carolina allows you to file a TBI claim within 3 years of your injury. Some situations can shorten or lengthen the amount of time for filing, so it’s best to start the process as soon as possible to ensure you don’t miss your chance to recover compensation.
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