Posts Tagged ‘Chicago Brain Injury Lawyer’

Brain Injuries’ Massive Societal Costs

Thursday, April 1st, 2010

brain injury consequences 300x216 Brain Injuries Massive Societal CostsFor the past month, our brain injury attorneys have been conducting an ongoing series on the various types and causes of brain injury.  As national Brain Injury Awareness Month comes to a close, today we take a step back to look at the dramatic societal costs of these various neurological conditions.

Brain injuries are more widespread than many whose lives have not been touched would realize.  In America, every year about two million head injuries occur – or just short of 200 per every 100,000 Americans.  Of these, about 1.5 million people suffer a brain injury which causes them to “black out,” or lose consciousness, but which does not commit them to a hospital or other institution long-term.  An additional 300,000 Americans each year sustain a brain injury that results in hospitalization, and of these, about 99,000 suffer a lasting disability.

According to a study in the Journal of Neuropsychiatry, this means that in America alone, for each 100,000 adults (age 15 and over), there are about 62 people who suffer from enduring or permanent disability caused by traumatic brain injury (TBI).  Traumatic brain injuries also result in about 56,000 deaths each year in America – about 34% of total deaths from injury.  If you are one of the many Americans whose life has been touched by TBI, you will need a  trained professional professional to help you decide whether to seek compensation.  Our top Chicago TBI lawyers can help.

Brain damage stems from any number of causes.  The largest categories of traumatic brain injuries are automobile accidents (around 28%) and sports (around 20%).  Skiing accidents are particularly prone to result in head injuries – the New York Times has reported that an alarming 5-10 percent of such accidents lead to this type of injury.  Assaults comprise another large chunk of traumatic brain injuries (around 9%).  These figures, however, take into account all traumatic brain injuries.  When only those TBIs that result in hospitalization are considered, almost half such injuries are the result of motor vehicle accidents.  To speak with one of our experienced attorneys regarding a car accident traumatic brain injury, call us at (312) 527-4500 for a free consultation.

The landscape of traumatic brain injury is also constantly evolving.  Between 1984 and 1992, for instance, brain injuries from car, bus and truck accidents declined an impressive 25%.  Unfortunately, during that same period TBI from firearms increased by 13%.

The personal and societal costs of dealing with brain injuries cannot be overstated.  In the mid-1990s, the National Foundation for Brain Research stated that the costs of dealing with only traumatic brain injury amount to $48.3 billion in America each year.  Sadly, the costs of medical treatment are the worst for those who do not survive – costs that are passed along to the family they leave behind.  Again in the 1990s, those who suffered fatal brain damage had average medical expenses of $454,717.  These expenses have only increased over time.  If someone you love has suffered a fatal brain injury as the result of negligence, an experienced Chicago wrongful death attorney can help you to navigate the legal landscape and receive justice for your loved one.

Other estimates from the 1990s show the purely economic costs for brain injury victims who do recover.  According to the National Institute of Neurological Disorders and Stroke, the costs for a survivor of a severe traumatic brain injury can reach over four million dollars over the course of her life.  The average traumatic brain injury, regardless of severity, has medical-related costs of around $150,000, including medical bills, modifications to a home, rehabilitation for life and work, and increased health insurance costs.  It is important to note that this average includes even those who suffer comparatively mild injuries such as concussions, and thus even this alarming figure is deceptively low.  For those who suffer a brain injury severe enough to require rehabilitation, the average cost over only four years reaches around $200,000. For those who require extensive rehabilitation, the cost of this treatment can be around $1,000 each day.   Victims of a severe TBI can take years to fully recover, with gradual improvement often progressing over the course of ten years or more.

It is also important to note that in the ten years since these estimates were made, costs have gone up substantially — and these costs do not include the severe past, present and future physical and emotional damage to brain injury victims and their families — including pain and suffering, disability / loss of normal life (inability to enjoy the pleasurable aspects of life), wage loss, loss of society (companionship) and disfigurement.  Only a top personal injury lawyer, such as those at Passen Law Group, can take the time to understand the loss experienced by brain injury victims and their families, and communicate that loss to the other side, and eventually to a jury of one’s peers.

Victims of traumatic brain injury who need support services in order to return to work find that those services cost tens of thousands of dollars in the first year alone.  Many brain injury survivors, however, do not have the ability to return to work, even with rehabilitation and assistance.  Although estimates cover a broad range, some studies show as many as 80% of survivors, particularly those who suffered a severe traumatic brain injury, unable to ever resume work.  Many survivors also require assistance with daily activities, and can suffer from depression, anxiety, and isolation.  These are all costs that must be taken into account when pursuing a case against a person or company whose negligence caused a brain injury.  If you have suffered a brain injury, an experienced Chicago brain injury attorney can help you obtain the full compensation to which you are entitled.

For a free consultation with an experienced Chicago personal injury lawyer at Passen Law Group, call us at (312) 527-4500.

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Encephalomalacia Brain Injury in Children and Adults

Wednesday, March 31st, 2010

This month, the Chicago personal injury lawyers of Passen Law Group have been focusing on the many types and causes of traumatic and non-traumatic brain injury in connection with national Brain Injury Awareness Month.  Today, we take a closer look at encephalomalacia, a serious form of brain injury that can occur at birth or throughout life.

Encephalomalacia, also known as cerebromalacia, is the softening of brain tissue.  It can be caused either by vascular insufficiency, and thus insufficient blood flow to the brain, or by degeneration.  Encephalomalacia can be the formation of necrosis, or dead tissue, in a portion of the brain due to a partial complete blockage of blood flow to the area, which in turn can be caused by a natural condition or by infection or trauma (TBI).  The term encephalomalacia is also used at times to refer more generally to degenerative conditions affecting the brain.  If the condition affects the white matter of the brain, it is called leukoencephalomalacia.  If it affects the gray matter, it is known as polioencephalomalacia.

An individual suffering from encephalomalacia will experience a number of symptoms, all of which involve a loss of function.  These symptoms can include somnolence (extreme drowsiness), blindness, ataxia (wobbliness and lack of coordination), sleep walking, head pressing, circling, and, eventually, terminal coma.  Also, depending on the location of the softened tissue, there can be different effects.  For example, softening in the frontal lobe can lead to memory loss and mood swings.

If you, a family member, or a friend are experiencing any of these symptoms, you should seek medical attention as soon as possible.  If your symptoms are the result of encephalomalacia, not only is it important to obtain the proper treatment, but it is also important to determine the cause of your condition.  Our Chicago brain injury attorneys have extensive experience working with patients and doctors to understand how encephalomalacia occurred in a particular case, and whether legal action is warranted.  Where a brain injury was caused by the negligence or malpractice of another individual or entity, our attorneys will ensure that your rights are protected and that you receive full compensation available under the law.

Encephalomalacia can result from natural causes, such as infarction; therefore, not all cases of encephalomalacia or similar injuries are compensable.  However, the condition can also be caused by trauma, which in turn may be the result of negligence or reckless conduct.    In adults, another common cause of encephalomalacia is complications from surgery, particularly brain surgery to correct other problems, such as tumors.  If those complications were the result of medical negligence, the victim may have a legal action against the physicians, nurses, or hospitals involved.

Particularly common in newborns and infants is multicystic encephalomalacia, or the formation of cavernous cystsic in the brain after an injury.  The most common cause of multicystic encephalomalacia, especially in infants, is hypoxia.  The birth injury lawyers at Passen Law Group have discussed injuries from hypoxia in infants at length in connection with Brain Injury Awareness Month.  However, infants can also suffer encephalomalacia due to trauma from, for example, the improper use of forceps at delivery.

In either case of encephalomalacia caused by hypoxia or trauma, a thorough investigation and analysis of the particular circumstances can help you determine whether your child’s injuries were the result of negligence, and whether the injuries are compensable.  Our top Chicago brain injury attorneys can help you determine what caused your child’s brain injury and what claims you may have, identify all possible defendants, and obtain the compensation your child deserves to assist with future medical and emotional treatment.

For a free consultation with an experienced encephalomalacia lawyer at Passen Law Group, call us at (312) 527-4500.

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KY Truck Accident Highlights Continuing Problems with Trucking Safety

Saturday, March 27th, 2010

Kentucky Truck Van Crash KY Truck Accident Highlights Continuing Problems with Trucking SafetyAs Chicago personal injury lawyers with substantial experience handling trucking accident cases, we are familiar with the devastation caused by crashes involving tractor-trailer trucks.  Yesterday was a brutal example of  such devastation.  A trucking accident in Kentucky claimed the lives of at least eleven people and injured many more.  The accident, which happened just before 5:30 this morning, reportedly occurred when a tractor-trailer crossed over the interstate’s median and hit an eighteen-passenger church van carrying Mennonite passengers, including children.  The truck then struck a rock wall and burst into flames.  The casualties included the driver of the truck, as well as others.  One of those killed was an infant, but two children, four and five years old, survived the crash without serious injury.

We do not yet know the extent or type of injury to the other passengers, but it is probably that they sustained traumatic brain injuries, among other internal injuries.  Some studies have found that up to 28% of all traumatic brain injuries are caused by motor vehicle accidents.  This month, our top Chicago brain injury lawyers have been exploring the types and causes of brain injury in connection with Brain Injury Awareness Month.  For more information about our top-rated brain injury and wrongful death practice, feel free to read this month’s articles or contact us directly at  (312) 527-4500.

Yesterday”s accident occurred on Kentucky’s section of Interstate 65, North of Bowling Green.  The tractor-trailer truck involved was heading South, but struck the van after crossing over to the northbound freeway.  The section of highway where the crash occurred is problematic, as the southbound traffic narrows from three lanes to two.  Traffic at times becomes congested or forms a bottleneck at that point, and a county official speculated that the truck may not have seen the situation, or slowed down to address it.  A deputy coroner also stated that the truck driver likely fell asleep at the wheel, leading to the accident.

While there is no definitive word yet on what caused the accident, there are a number of possibilities, unfortunately common in these types of accidents.  As was suggested, and especially in light of the hour at which the accident occurred, the truck driver may have fallen asleep at the wheel.  Many such accidents are caused by an overtired driver who has been behind the wheel for too many hours, in violation of Federal Motor Carrier Safety Administration (FMCSA) regulations (as a general rule, federal regulations do not allow more than eleven hours of consecutive driving, although there are other rules that also affect the number of hours an individual may drive).  In yesterday’s crash, this is made more likely by the fact that the driver’s truck had reportedly been broken down in Michigan for three days, and was fixed before he departed on this trip.  He may thus have been pushing the envelope to make up for lost time – a tactic that endangers drivers and others on the road.

If this or any truck accident was the result of negligence, the innocent victims may have a  cause of action against the truck driver, the trucking company employer and others.  This is true as to both the survivors, who may have a cause of action for their injuries, and as to those who were killed, whose estates may have a cause of action for wrongful death.  Our Chicago wrongful death lawyers, sadly, have seen many cases arising from such accidents.

Depending on the circumstances surrounding the crash, the victims may have a cause of action not only against the truck driver’s estate, but also against the trucking company that employed him.  The trucking company can be held responsible for the negligent actions of its employees through respondeat superior, a legal concept often called the “master-servant rule,” through which employers are made liable for the actions of their employees.  Additionally, if a trucking company had reason to know that  a driver could be dangerous at the time they hired him, the company can be liable for its own negligence in the hiring process (or for continuing to employ the driver after warning signs emerged).  If the truck driver was, indeed, in violation of FMCSA’s hours of service requirements, there is the potential for punitive damages, in addition to compensatory damages (medical expenses, wage loss, loss o normal life, pain and suffering, etc.).  One other possible wrinkle in today’s crash is that the truck was repaired just before this trip.  Often, negligently performed repairs or maintenance can lead to trucking accidents, and the victims in those cases may also have a cause of action against those who performed the repairs.

Exactly who is responsible to the victims is a question that can only be answered by a thorough investigation of the facts by a knowledgeable professional.  Our Chicago truck accident lawyers understand the need to fully explore the circumstances surrounding a trucking accident, to ensure that victims receive full compensation for their injuries from those who caused them.  We have decades of experience handling truck accident cases, and have obtained multi-million dollar verdicts and settlements on behalf of those injured.

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

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