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.

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.

Consider the following situation:  The plaintiff is involved in a car accident caused by the defendant, who was driving his mother’s car at the time of the accident.  The plaintiff files a personal injury lawsuit against the defendant within the appropriate statute of limitations period (2 years from the date of the accident).  During discovery, the plaintiff learns that the defendant was driving the vehicle within the scope of his employment as a salesman for X Corporation.  Plaintiff amends her complaint to add X Corporation as an additional defendant — however, by this time, the statute of limitations has expired.

The question becomes:  Does plaintiff’s amended complaint “relate back” to the original lawsuit so as to avoid being dismissed based on statute of limitations grounds?  In Wilson v. Molda, No. 1-09-0386 (Ill. App. Ct. Nov. 13, 2009), the Illinois appellate court answered “no”.

The facts in Wilson were identical to the fact-pattern described above.  In response to motions to dismiss brought by the defendant’s employer, Metrolift Inc., based on statute of limitations grounds, the plaintiff’s lawyer made two arguments: (1) plaintiff’s lawsuit against the original defendant should satisfy the statute of limitations based on the “respondeat superior” relationship between the defendant and his employer; and (2) the amended complaint should “relate back” to the original complaint based on section 2-616(b) of the Code of Civil Procedure.  The court rejected both of plaintiff’s arguments.

First, the court found no basis in any Illinois statute or any Illinois case law to support the contention that because the employer was jointly and severally liable for the employee’s conduct under the theory of respondeat superior, the timely filing of a lawsuit against the employee preserves the plaintiff’s claim against the employer.  The court “decline[d] the plaintiff’s invitation to rewrite the existing statute of limitations, as we believe that is the job of the legislature.”

Second, the court held that the plaintiff’s claim against Metrolift does not “relate back” to the original complaint under section 2-616 (b) of the Code.  The court found that section (b) permits a plaintiff, under certain circumstances, to add claims to an existing action.  By its own terms, subsection (b) applies only to the addition of “causes of action, cross claims or defenses.”  Here, plaintiff was not seeking to add a new claim, but instead was seeking to add a new party to an existing action.

Instead, the court found that subsection (d) of section 2-626 deals with adding new parties, but only in cases of “mistaken identity.”  The plaintiff admitted that this is not a case of mistaken identity, and therefore subsection (d) did not apply.  Therefore, the court affirmed the dismissal of plaintiff’s action against the defendant’s employer based on the statute of limitations.

For a Free Consultation with one of or top-rated Chicago injury and wrongful death lawyers, call Passen Law Group at (312) 527-4500.