A traumatic brain injury (TBI) is a disruption of the brain’s normal function resulting from a blow or jolt to the head. According to the Brain Trauma Foundation, Americans suffer around 2.5 million traumatic brain injuries every year, with about 50,000 of these resulting in death.
In this post, we look at the most common reasons for traumatic brain injuries in the United States and explain the circumstances in which legal action may be the right move for you following a head injury.
Traumatic brain injuries can result from impacts of any kind, but there are a few incident types that consistently give rise to them.
According to the Centers for Disease Control and Prevention (CDC), almost half of the hospitalizations related to traumatic brain injuries in the United States come about because of falls. Children and older adults are at a particularly acute risk of this type of injury.
Many slip and fall accidents occur due to the negligence of business owners. For example, if you fall on a patch of wet floor in a restaurant and there was no sign in place to warn you of the hazard, there’s a good chance you may be entitled to compensation from the owner of the establishment.
Official statistics suggest that road accidents are another leading cause of traumatic brain injuries. According to the National Safety Council (NSC), there were 5.4 million injuries (of all kinds) related to car accidents that required medical attention in 2021.
The main brain-injury risk from road accidents is related to an impact between your head and an external object, such as the inside of your vehicle. However, even if this doesn’t happen, your brain can still get injured by forceful movement inside your skull.
Cyclists and pedestrians are at an even greater risk of traumatic brain injury from car accidents than drivers, as they have less protection when they get in a collision. If you’re walking or cycling on the roads, be sure to wear high-visibility clothing and appropriate protective gear.
Child abuse, domestic violence, and gunshot wounds account for a large portion of America’s head injuries. Sadly, shaken-baby syndrome is among the most prevalent causes of TBI in infants.
When it comes to filing personal injury lawsuits, the standard a plaintiff lawyer will usually look to establish is that of negligence; this occurs when a defendant breaches their duty of care to a plaintiff by acting recklessly, but not in a deliberate way. For example, if you suffered a head injury after being hit by a speeding driver, you would sue for negligence. While the defendant’s conduct was careless and irresponsible, they were not trying to hurt you.
However, acts of violence are intentional torts. When you sue someone who has deliberately hurt you, you stand a much better chance of qualifying for punitive damages. These are damages that seek to punish the defendant for their egregious behavior (and to discourage similar conduct by others in future) rather than to compensate you for specific losses you’ve suffered.
To learn more about whether punitive damages might be available in your case, you’ll need to consult with a lawyer.
In recent years, the general public has become much more aware of the brain injury risk posed by contact sports like football, hockey, boxing, and mixed martial arts. This is largely due to stories of well-known athletes in contact sports who have suffered severe cognitive decline after their retirement, as well as the work of researchers on neurodegenerative disease.
These kinds of brain injuries are different from the others discussed here as they tend to result from a large number of milder impacts sustained over time, rather than one severe traumatic event. Brain injury that arises in this way has come to be known as chronic traumatic encephalopathy (CTE). Though experts say more in-depth research is required for them to fully grasp the condition, they believe second-impact syndrome (the occurrence of a second head injury before the symptoms of the first have dissipated) is a major risk factor.
While sports can play a productive role in the maintenance of a healthy and active lifestyle, it’s important to take sensible precautions, such as wearing a helmet when appropriate. If you’ve suffered a brain injury while playing a sport, or your child has, and you believe the injury would not have occurred if proper protective equipment had been supplied, you may be entitled to sue for negligence.
More serious brain injuries frequently cause the death of victims. If the negligence or intentional acts of another individual or entity resulted in the death of someone close to you, you may be entitled to file a wrongful death lawsuit. If successful, a lawsuit like this could cover funeral expenses, recover the earnings the deceased person would have made had they not been injured, pay medical bills incurred by the deceased person before their passing, and compensate you for the grief and mental anguish your family member’s death has caused you.
To learn more about whether you may be entitled to file a wrongful death lawsuit, you should discuss the situation with your lawyer.
If you or a loved one has suffered from a traumatic brain injury, the Cochran Firm Philadelphia can help. Our dedicated team of personal injury attorneys will fight to get you the compensation you deserve. Fill out our free case evaluation form or call us at (800) 969-4400.
