Archive for the ‘Brain Injury Law’ Category

Preventing Traumatic Brain Injury (TBI)

Friday, March 12th, 2010

TBI prevention Preventing Traumatic Brain Injury (TBI)Today is the final installment of our week-long discussion of traumatic brain injury (TBI), in honor of this month being devoted to national Brain Injury Awareness month.  For a Free Consultation with one of our top-rated Chicago brain injury lawyers, call us at (312) 527-4500.

Because traumatic brain injury is caused by a blunt force to the head, often a result of motor vehicle accidents and falls, head protection is one of the most effective ways of reducing the incidence of TBI.

Motorcycle helmets greatly enhance protection for all motorcycle drivers against TBIs, and contrary to popular opinion do not increase the possibility of neck injury.  According to the National Highway Traffic Safety Administration, motorcycle helmets are estimated to be 37% effective in preventing fatal injuries, and saved the lives of approximately 1,800 motorcyclists in 2007.

Approximately 140,000 head injuries per year are suffered by children involved in bicycle accidents.  The single most effective safety device available to reduce TBI and death from bicycle crashes is a helmet.    Studies estimate that as many as 85% of these injuries could be prevented by the use of protective helmets.  Additionally, be sure that all bicycles are periodically checked for any defects or damage and are properly maintained.

Car safety design and proper care in automobile seating is integral to preventing death or TBI.  This point has been made abundantly clear with the recent Toyota sudden acceleration defect recalls, as noted by our Chicago personal injury lawyers in various blog posts.

Air bags have been associated with a substantial reduction in fatalities and severe injury with adults, and side air bags which include head protection can decrease death from side impact crashes up to 45%.  With respect to children under 10 years of age seated in the front seat, however, there is a 34% increased risk of death from frontal crashes in cars equipped with dual airbags.  Young children should be seated in rear seats with child car seats properly secured according to manufacturer’s specifications where appropriate.

What to do if you believe you have suffered a TBI

First, immediately seek emergency care for your injuries and inform your treating health care professional of any symptoms, however minor you believe them to be.  In particular, any loss of consciousness (however brief), memory loss, feeling dazed and confused, headache, vomiting, nausea or seizures are signs of TBI.

Second, document any symptoms and complaints you might have as soon as possible, and again regardless of how minor they may seem.  Aggressively pursue treatment of your TBI with the best medical care possible.

Third, understand that TBI is a process, not an event, and that the injury continues to affect the brain for days and weeks after the accident.  Symptoms and problems may not show up until well after the accident has occurred, and should be documented and brought to the attention of your health care professional.

Fourth, ask your doctor for the proper tests to diagnose a brain injury.  While most doctors will order MRI or CAT scans, these will not show most TBIs.  Therefore you should request functional testing such as the Positron Emission Tomography (PET) and/or a Single Photon Emission Computerized Tomography (SPECT) be performed.

Fifth, if problems persist, you may want to see a specialist in brain function, such as a neurologist, neuropsychologist or neurosurgeon.  A neuropsychologist, for example, is an expert in brain function, and can conduct tests that help determine the location and extent of any brain injury.

Finally, if you believe that you or a loved one’s head or brain injury was wrongfully caused, it is critical to contact a top Chicago brain injury attorney as soon as possible. The longer you wait, the more likely evidence will “disappear,” and you may even lose your right to ever file a claim based on the statute of limitations (i.e., the time in which you must file a lawsuit).

To speak with an experienced Chicago brain injury lawyer at Passen Law Group, call us at (312) 527-4500 for a Free Case Evaluation.

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The Alarming Statistics of Traumatic Brain Injury (TBI)

Thursday, March 11th, 2010

TBI statistics The Alarming Statistics of Traumatic Brain Injury (TBI) This week, our Chicago brain injury lawyers continue our discussion of traumatic brain injury (TBI), in honor of this month’s celebration of national Brain Injury Awareness month, with a discussion of TBI statistics.

The statistics of TBI are sobering.  According to the Center for Disease Control (CDC), approximately 1.4 million people, or 1 in every 300, sustain a TBI each year in the United States.  Of these, 50,000 die from their injuries, 235,000 are hospitalized, and 1.1 million are treated and released by an emergency department.

The leading causes of TBI are falls (28%); motor-vehicle accidents (20%); struck by/against events (19%); and assaults (11%).  See chart above.  Many of these causes often stem from the negligence or reckless conduct of another individual or business — in which case, it is important to speak with a top Chicago brain injury lawyer to conduct a legal and factual investigation, and to preserve your rights.

The two age groups most at risk of sustaining TBI are children ages 0-4 year old and 15-19 year old.  Indeed, TBI is the leading cause of long-term disability among children and young adults.  Further breaking down the statistics, males are 1.5 times more likely as likely as females to sustain a TBI, and African-Americans have the highest death rate from TBI.  Direct medical costs and indirect costs such as lost productivity of TBI totaled an estimated $60 billion dollars in the United States in 2000.

In cases where TBI is wrongfully caused, our Chicago TBI attorneys consult with top investigators, medical professionals and life-care planners to consider the impact of the TBI on our children clients throughout the remainder of their long lives.  The compensation received by TBI victims and their families must compensate them for yesterday, today and tomorrow.

As alarming as these statistics are, the reality is that the incidence of traumatic brain injury is likely greatly under-reported.  First, the CDC numbers only include injuries reported by emergency rooms and health care professionals, and do not take into account people who are not seen in an emergency department, or who receive no care.  Second, it is almost certain that emergency rooms routinely fail to diagnose a significant percentage of TBIs, with some studies estimating that up to 85% of TBIs are missed.

Even when a TBI is diagnosed, where the injury is considered “mild”, i.e. where there is little or no loss of consciousness, problems often go unrecognized.  Individuals who suffer mild TBI are often sent home with assurances that they are fine.  However, research indicates that in approximately 15% of such cases, victims can continue to suffer severely debilitating symptoms, and remain unaware of the basis for their altered ability to function.

Altogether, approximately 5.3 million Americans, or about 2% of the population, currently have a long-term or lifelong need for help with everyday activities due to a TBI.  It has been estimated that as many as 40% of those hospitalized with a TBI have at least one unmet need for services one year after injury, ranging from issues with memory and problem solving to emotional distress and upset.

Each Chicago brain injury lawyer at Passen Law Group understands the responsibility we owe to our clients to fully investigate their case and to ensure they receive full compensation available under the law.  If you have any questions, or would like to speak with one of our TBI attorneys, call us at (312) 527-4500 for a Free Consultation.

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Symptoms and Permanent Consequences of TBI

Wednesday, March 10th, 2010

Effects of TBI1 Symptoms and Permanent Consequences of TBIOur Chicago brain injury lawyers continue this week’s discussion of traumatic brain injury (TBI), in honor of Brain Injury Awareness Month, with a discussion of the symptoms and effects of TBI.

As discussed previously, traumatic brain injuries are caused by a blunt trauma to the head — often a result of motor vehicle accidents, falls, explosions or other method involving a substantial amount of force directly to the head.  Where a TBI is suspected to have been caused by the carelessness or recklessness of another, it is important to contact a top-rated Chicago brain injury lawyer to discuss your case and ensure your rights are protected.

The severity of a traumatic brain injury can range from “mild,” with a brief change in consciousness or mental status, to “severe,” with an extended period of unconsciousness and amnesia.  TBI can result in both short-term and long-term problems with a person’s independent functioning.

Different areas of the brain impact different physical and cognitive functions.   Therefore, the location of the traumatic brain injury to the brain will largely determine the nature and extent of physical and cognitive deficiencies as a result of the TBI.  See the chart above for the different Functions of the Brain impacted by TBI.

Symptoms can manifest in a variety of physical, cognitive and behavioral symptoms, including changes affecting thinking, language, learning, emotions, behavior and/or sensation.  Additionally, a TBI can result in far-reaching social and developmental consequences.  It is important to note that even a so-called “mild” TBI can result in long-term problems, with an estimated 15% of individuals diagnosed with mild TBI suffering severely debilitating symptoms long after injury.

Especially with children, whose brains are still developing, even mild TBI must be addressed immediately by the appropriate medical professionals — including neurologists, neuroradiologists and possibly neurosurgeons — to minimize permanent consequences of the brain damage.  Our Chicago child brain injury lawyers understand the complexities involved in TBI cases involving children, as well as the magnitude of our responsibility involved in protecting their rights through adulthood.

Physical symptoms of traumatic brain injury are both neurological and non-neurological.  Typical physical symptoms can include chronic headaches or neck pain, persistent exhaustion, mood changes, sleeplessness or changed sleep patterns, light-headedness, dizziness, loss of balance, impaired motor and autonomic function, nausea, increased sensitivity to light or sounds, blurred vision, sensory loss, and ringing in the ears.  Some long-term conditions include various movement disorders, seizures, persistent headaches, visual problems and sleep disorders.  TBIs have been directly linked to epilepsy and increased risk for Alzheimer’s disease, Parkinson’s disease, and other brain disorders that become more prevalent with age.

Typical cognitive symptoms can include memory loss or difficulty remembering, inability to concentrate, difficulty in making decisions, slowed thinking, speaking or reading, confusion, inability to focus, and impaired visual perception.  Additionally, TBI can impact problem-solving, abstract reasoning, insight, judgment, planning, and organization.  These symptoms can change in severity and presentation over time, and often go unrecognized.

Typical behavioral symptoms can include verbal and physical aggression, agitation, decreased responsive ability, shallow self-awareness, altered sexual functioning, increased impulsivity, reduced social inhibition, mood disorders, personality changes, lack of emotional control, depression and anxiety.

The social consequences associated with TBI and its accompanying symptoms can be extremely serious, and include increased risk of suicide, divorce, chronic unemployment, economic difficulty and substance abuse.  Problems often do not manifest until after the individual attempts to resume their normal life, with workplace and interpersonal demands uncovering dysfunction and behavioral issues.

As noted above, of particular concern is children who have suffered from a TBI, where the behavioral and cognitive effects of injury may not become apparent until later in a child’s development.   As a result, a child may experience problems with learning ability, difficulties in social development and peer relations, behavioral problems, and difficulty processing social cues.

For a Free Consultation with an experienced Chicago brain injury attorney at Passen Law Group, call us at (312) 527-4500.

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Understanding Traumatic Brain Injury (TBI)

Monday, March 8th, 2010

Chicago TBI Lawyer 300x179 Understanding Traumatic Brain Injury (TBI)March is national Brain Injury Awareness Month.  This week, our Chicago brain injury lawyers will discuss various aspects of traumatic brain injury (TBI), including causes, symptoms, statistics and prevention.

Traumatic brain injuries are sudden, devastating and life-changing events.  In the context of a catastrophic truck accident or several-story construction fall, the magnitude of the brain injury is evident.  However, in other instances, the true impact of TBI is more subtle.

TBIs are sometimes referred to as the “invisible injury” and “silent epidemic” by doctors and Chicago brain injury attorneys because the effects of such injuries are generally not obvious to most observers, symptoms may take days, months or even years to show, and victims are often unaware that something is wrong.  But the effects of TBI are very real, and can result in severely debilitating short and long-term symptoms.

Anyone can be a victim of a TBI at anytime.  Therefore it is critical that each individual know what TBI is, be aware of the symptoms of a TBI, know how to prevent or mitigate such injuries, and understand the steps to take and the options available in the event that one believes they may be a victim of a TBI.  Call Passen Law Group at (312) 527-4500 to speak with a top Chicago TBI lawyer regarding a potential legal action relating to a brain injury.

What is a TBI, and what happens when a TBI occurs?

A TBI refers to the damage or destruction of brain tissue that occurs due to a blow to the head, i.e. a “closed” head injury, or when the skull is penetrated, i.e. an “open” head injury.

A closed head injury occurs when a blow to the head whips the head forward and backwards or from side to side, as in a car crash, causing the brain to collide at high speed with the interior of the skull.  This can cause damage to specific areas of the brain, most commonly the frontal and temporal lobes, through bruising and tearing of brain tissue and blood vessels both at the point of impact and opposite the point of impact.  It can also cause damage throughout the brain by stretching and destroying neuronal axons – the long, threadlike arms of nerve cells that link cells to one another, various parts of the brain to other areas of the brain, and the brain to the rest of the body.

While specific damage from bruising and bleeding can often be detected through CAT scans and MRIs, injury to the neuronal axons generally cannot be detected through current imaging technology.  The existence of axonal injury is clear, however, from the effects it has on the individual’s functioning.

An open head injury occurs when a skull is penetrated after substantial head trauma, as for example by a bullet.  Damage in these types of injuries tends to be specific and limited to the area of injury, but can be as severe as closed head injuries depending on the path of the object within the brain.

TBI results in several physiological effects.  Tissue damage can cause substances normally contained safely within brain cells to be released into the brain.  The brain also reacts with biochemical and physiological responses, with the brain entering a hyper-metabolic state and releasing glucose in an attempt to protect itself from the injury.  These processes may mask evidence of injury, even as they cause further damage and destroy brain cells, resulting in what is called secondary cell death.

A further effect is seen in the individual’s functioning.  TBIs are often accompanied by loss of consciousness, varying from a few minutes or hours to several weeks or even months, depending on the severity of the injury.  As the individual regains consciousness, other symptoms may appear, including for example irritability, aggression, amnesia, confusion and disorientation.

Stay tuned for further discussion of TBI in coming days.  For a Free Consultation with a top-rated Chicago brain injury lawyer at Passen Law Group, call us today at (312) 527-4500.

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