Posts Tagged ‘TBI Attorney’

U.S. Military Puts Traumatic Brain Injury In Its Sights

Thursday, February 10th, 2011

The Chicago brain injury attorneys of Passen Law Group have long known that traumatic brain injury is one of the single most serious, debilitating injuries an individual can sustain.  Now, a wave of national media attention and policy changes from the Pentagon are focusing the nation’s attention on the importance of prevention and immediate response to TBI.

The U.S. military recently put in place a new policy designed to decrease the risk that soldiers will suffer repetitive brain injuries.  This new policy is based upon the simple fact that after an individual sustains a concussion or other traumatic brain injury, he is more likely to sustain future brain injuries.  And if those subsequent injuries occur before recovery from the original injury is complete, the risk of severe damage or death increases dramatically.

The new military policy targets brain injuries sustained from IED blasts, which frequently cause concussions and more severe TBI.  Under the new rule, any soldier who is within 165 feet of an IED blast is to be immediately removed from the battlefield for a minimum of 24 hours.  During that 24-hour period, these soldiers must be examined for TBI, and cleared to return to fighting and other duties.

The policy change has the heartfelt support of no less than the chairmen of the Joint Chiefs of Staff, who have expressed their gratitude that traumatic brain injury is at last being taken seriously, and receiving the attention it deserves.

Nor is the U.S. military the only catalyst for this important issue.  Over the holidays, Sports Illustrated printed a cover story on the dangers of TBI, particularly in football.  Our brain injury attorneys have often written about the dangers of brain injury in sports, and football in particular – especially for the youngest participants.  Sports Illustrated helped to focus attention on the issue, telling the stories of former athletes who continue to suffer, years and decades later, from the concussions and other traumatic brain injuries they suffered while playing – effects ranging from vision problems to headaches to memory loss to even more serious, debilitating effects.

The attorneys of Passen Law Group are relieved to see that traumatic brain injury is receiving national attention.  We devoutly hope that this attention will not be limited to soldiers and athletes, but will provoke a wider discussion of brain injury in America.

In fact, each year in our country approximately 1.7 million people sustain a traumatic brain injury, with over 50,000 of these individuals losing their lives.  TBI can end lives, but can also destroy them, eliminating the quality of life for victims, their families, and their friends.  And the majority of these injuries are not to athletes or soldiers, but to ordinary Americans involved in ordinary situations – car accidents, falls, and unexpected violence.

The current media attention to traumatic brain injury can only serve to benefit these ordinary Americans.  As the general public comes to understand the seriousness of TBI, we will be able to come together more effectively as a community to support these victims.  And as the public comes to understand the real-world consequences of TBI, it will be easier for victims to recover the full amount of their damages from those who have harmed them.

If you or someone you love has suffered a traumatic brain injury due to violence or negligence, we encourage you to contact an experienced brain injury attorney to discuss your unique situation.  You may have a legal claim against those who harmed you, and as the nation focuses its attention on TBI, so, too, will the courts.

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

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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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Concussions and Traumatic Brain Injury in Sports and Beyond

Wednesday, March 24th, 2010

concussion brain injury 300x201 Concussions and Traumatic Brain Injury in Sports and Beyond This week, the Chicago personal injury lawyers of Passen Law Group continue our month-long discussion of traumatic and non-traumatic brain injury in connection with national Brain Injury Awareness Month.  Today we take a closer look at concussions, a typically mild form of traumatic brain injury that has drawn the focus of many Chicagoans thanks to the recent injury to Brent Seabrook of the Chicago Blackhawks.

Concussion is a form of traumatic brain injury, or TBI, a topic discussed in some of this month’s earlier articles.  TBI is a major health issue in Illinois and the rest of the United States, as recognized by the Center for Disease Control in its recent concussion awareness campaign.  TBI can cause death and permanent disability, and affects an average of 1.7 million victims annually.

TBIs, including concussions, are caused by injury to the head, such as a blow, bump, or fall, which interferes with the brain’s normal functions.  The single most common form of TBI is concussion.  Like other TBIs, concussions are commonly caused by falls, motor vehicle accidents, and being struck by or against an object.  Although potentially extremely serious, particularly if ignored or improperly treated, concussions are generally considered a “mild” form of TBI (one which is usually not life-threatening), and often cause only a brief change in brain activity or loss of consciousness.

However, although most people who suffer a concussion make a full and speedy recovery, some victims experience symptoms that last weeks, months, or longer.  This is particularly true among the elderly, young children, and teenagers.  Also at risk for longer recoveries and complications are those who have had previous concussions, particularly if those previous incidents are relatively recent.

If you or someone you know falls, or sustains a serious blow to the head, it is important to know the symptoms of a concussion so that proper action can be taken.  The major types of concussive symptoms are:

•    Headache
•    Nausea
•    Dizziness or trouble balancing
•    Fuzzy or double vision
•    Sensitivity to light or noise
•    Sluggishness
•    Confusion
•    Trouble remembering or concentrating

It is important to note that some or all of these symptoms may be missed by family members, coaches, or even doctors, and may appear days or months after the injury.  If you notice these symptoms, even some time after an injury to the head, you should seek medical attention.  A doctor may order a CAT scan or MRI to see whether there is evidence of a more serious brain injury.  If  left undetected and untreated, a mild concussion may develop into a permanent, life-threatening brain injury and lead to an inter-cranial hemorrhage, subdural hematoma, or another form of permanent severe brain injury.

If you believe that a brain injury to someone you love was caused by the negligence or recklessness of another, or were made worse by a failure to properly address or treat the injury, you may have a cause of action.  An experienced Chicago brain injury lawyer can investigate and analyze your situation, and help you decide how to proceed.

Complications from a concussion may result in serious consequences, such as permanent disability or death, particularly if the concussion is not handled properly.  Adults who have sustained a concussion, or an injury that could result in a concussion, should seek immediate medical attention if they experience slurred speech, ongoing vomiting or nausea, weakness, numbness, or a loss of coordination, or a headache that increases or does not go away.  It is even more critical that children who sustain concussions receive immediate medical attention — as their brains are still developing.  Adults should seek medical attention if they exhibit any of the following danger signs:

•    Drowsiness
•    Any loss of consciousness, however brief
•    Uneven pupils (the black circle in the center of one eye is bigger than the other)
•    Inability to recognize familiar people or places
•    Confusion or agitation
•    Convulsions or seizures
•    Other unusual behavior.

In babies and children, immediate medical attention is warranted if any of the adult danger signs are present, if the child continues to cry and cannot be comforted, or if the child refuses to nurse or eat.  If you have concerns that your baby or child continues to experience signs of brain damage that you believe was caused by negligence during birth or during childhood, seek medical attention immediately.  Then contact one of our Chicago personal injury attorneys to investigate whether a viable cause of action exists.

Professional athletes such as Brent Seabrook often are expected to receive injuries, including concussions, and return to their duties days, hours, or even minutes after suffering a concussion.  It is highly improper, however, for others, particularly child and teen athletes, to follow their example.  Seabrook himself suffered his second concussion of the season, including loss of consciousness, on Wednesday, but returned to practice just two days later.  Additionally, much attention has been paid recently to the poor example set by the NFL in its failure to use inexpensive new concussion prevention equipment, and its cavalier response to concussions when they occur.

In spite of this poor example, medical personnel and coaches supervising children and teens must be trained to prevent concussions and respond properly when they occur.  Especially critical is that others, especially those in roles of authority (such as coaches) never encourage an athlete who has suffered a blow to the head to return to play.  It is also crucial that athletes consistently wear proper protection, including helmets, padding, and mouth guards.  The CDC recommends that all leagues, schools, and districts develop a concussion policy, and suggests a policy requiring that any athlete who suffers a concussion be immediately removed from play for the day, and until cleared by a health professional.  Some school districts particularly concerned with safety perform baseline tests of brain function (called neurocognitive tests), which can be used if an athlete suffers a concussion to analyze the severity and effects of the injury.

If you or your child has suffered a concussion that could have been prevented through proper care, or has suffered complications or permanent injury from the failure to properly respond to a concussion, you may have a legal claim.  A top Chicago TBI attorney will conduct a thorough factual investigation to determine the cause of you or your child’s injuries, and analyze the law to identify all possible causes of action and viable defendants.

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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