A Lawyer's Guide to Traumatic Brain Injuries in North Carolina
Raleigh Injury Attorney Explains Concussions and Traumatic Brain Injury Laws in North Carolina
Although there are many different types of injuries that could be caused by a personal injury accident, one of the most catastrophic and disabling types of injuries is a traumatic brain injury. Also known as a TBI, this type of personal injury can affect the way that the brain functions in ways that can impair a person’s daily and normal activities. Even though injuries involving the brain are serious, they are not always detected or diagnosed correctly following an accident. From experience, our Raleigh brain injury attorneys know that traumatic brain injuries in North Carolina from personal injury accidents happen all too often. According to statistics from the CDC, each year are roughly 223,000 TBI-related hospitalizations in the United States. Additionally, there are approximately 64,000 fatalities caused by TBIs, which equates to roughly 176 TBIs deaths per day.
Our Raleigh personal injury attorneys regularly investigate and represent clients with traumatic brain injuries, and we understand how devastating they can be for victims of personal injury accidents. This includes the physical, emotional, and financial damages caused by a defendant’s negligent actions. But behind each victim of a TBI is also a family that has to adjust due to a loved one’s new needs. Unfortunately, defense lawyers and insurance adjusters do not account for this – nor do they care in truly making a victim and his or her family whole. Instead, they are worried more about their bottom-line profits.
Because TBIs are not always visible or detectable on MRIs and CAT scans, it is important to get an experience legal team and caring medical providers on your side following an accident to advocate for your care. Our firm has a proven track record of doing so, including recovering $1.8 million for a slip and fall victim who suffered a TBI. To learn more about how we can help you, please call our experienced lawyers and compassionate team of legal professionals to schedule a free consultation to learn more about what options you may have under the law.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is any type of injury to the brain which affects how the brain functions. According to the CDC, a brain injury can be caused by a bump, blow, jolt to the head, or penetrating brain injury. There are three levels of medically-diagnosed TBIs, including mild, moderate, and severe. A “mild” TBI is sometimes referred to as a concussion. However, our Raleigh brain injury attorneys know that there is no such thing as a “mild” TBI, and all injuries to the brain are severe and life-changing.
The signs and symptoms of TBIs are many and varied, far more than other types of personal injuries such as a broken bone or torn muscle. Most of the symptoms are not pain related and are easy to overlook or ignore, like tiredness and irritability. Further, TBIs frequently do not show up on imaging studies like x-rays, MRIs, or CT scans. That makes diagnosing a TBI very difficult. Some of the most common symptoms include the following:
Headaches
Memory issues
Vertigo
Loss of speech
Irritability
Unexplained fear or anxiety
Changes in mood or behavior
Issues with language comprehension
Delays in reaction or perception
Weakness and fatigue
Anger issues and mood swings
Excessive sleepiness
Loss of appetite
Loss of consciousness
Difficulty remembering names and faces, even of family or friends
Inability to sleep
Ringing in the ears
Difficult with vision or eyesight, and
Other subtle changes in lifestyle or health
Types of Traumatic Brain Injuries (TBIs)
There are many different types of TBIs. Each different variation of a brain injury has different symptoms and effects on a person. As a result, different types of TBIs can result in different needs for a victim and his or her family. These are factors that must be taken into consideration by a victim’s attorney to make sure they receive sufficient compensation to cover their current and future medical expenses and damages.
Some of the most common types of TBIs that could be caused in an accident in North Carolina include the following:
Concussion
Although most people have heard of concussions, most people do not realize how severe a concussion can really be. Part of that is due to sports, particularly the NFL, which has been criticized for trivializing the severity of concussions in order to allow athletes to continue playing to win or entertain fans. However, a concussion is a very serious type of TBI which can result in physical and chemical changes to brain tissue. These injuries can destroy neural pathways and affect decision making, language, cognition, problem-solving, and other normal functioning of the brain.
Even a “mild” concussion can result in permanent changes to the brain. Though a concussion may appear mild and the brain seems to fully heal itself, the truth is that it does not “reset” the brain to where it previously was in terms of health. That is because a concussion – even if it fully heals – still affects the way the brain can handle other impacts in the future. This is known as second impact syndrome, where, following a concussion, another blow to the head could result in catastrophic damage or even wrongful death.
Although some defense lawyers and insurance adjusters will argue that this only applies within close proximity of the first concussion, that is not always the case. Rather, a neurologist will tell you that impacts to the head compound themselves, meaning each concussion is often more devastating than the last. Because concussions have a cumulative effect and actually weaken the brain, experiencing a single concussion makes future concussions more likely.
Coup-contrecoup TBI
Unlike the other types of TBIs, a coup-contrecoup TBI can result even if the head is not directly impacted in an accident. Rather, the violent whiplash motion can cause the brain to slid forward and back inside the brain, causing the brain to suffer impact injuries on both sides. As a result, coup-contrecoup TBIs are very dangerous because they can raise intracranial pressure due to brain swelling, which can cause catastrophic damage or fatal injury.
Diffuse Axonal Injuries (DAI)
This type of TBI is caused when the brain shifts violently and suffers ripping, tearing, sheering, or other types of torn damage to brain issue and neural connections. An injury such as a DAI can be life-threatening and is often very debilitating. Damage caused by a DAI will typically not heal and will result in a permanent disability or injury. There are very few treatment options for this type of TBI.
Common Causes of Traumatic Brain Injuries (TBIs) in North Carolina
There are many potential causes of a TBI. Although most people may believe that a TBI is only the result of a high-impact collision with a tractor trailer (and that is a common cause), most people are surprised to learn that TBIs can come from a slip and fall at standing height. As noted above, TBIs can even occur when a person’s head does not strike anything inside of a vehicle – the whiplash motion being sufficient to cause a brain injury.
Some of the most common causes of TBIs in North Carolina include the following:
Slip and falls (falling after slipping on a wet or icy surface, unsecured floor mat, etc)
Truck wrecks and 18-wheeler crashes
Trip and falls (falling after stepping into a hole, tripping over an object, uneven stairs, etc)
Medical malpractice, including birth injuries such as hypoxic ischemic encephalopathy (HIE)
Pedestrians hit by cars or bicycles
Assault and battery, and other intentional crimes (including violent sex offenses like rape)
Workplace accidents caused by third-parties (not employers or co-workers, which is typically governed by workers’ compensation laws)
Dog bites and animal attacks, including animal knockdowns
Injuries on property (falling tree limbs, uneven stairs, etc)
Nursing home accidents, malpractice, abuse, and neglect
Product defects and product liability cases, and
Other types personal injury accidents
Why Do You Need an Injury Lawyer for a Brain Injury in North Carolina?
All traumatic brain injury cases in North Carolina are serious, even if a doctor labels it as a “mild” TBI or a concussion. All injuries and impacts to the brain can be life-changing – even if it does not appear that way right after an accident. If you or a loved one suffered any type of serious or catastrophic TBI, call our experienced Raleigh brain injury attorneys at Osborn Gambale Beckley & Budd, PLLC for help. We have a proven track record of success representing personal injury victims and their families throughout North Carolina, especially right here in Raleigh, NC.
Schedule a Free Case Evaluation With Our Raleigh Brain Injury Lawyers
To learn more about how we can help you and your family recover compensation for a TBI such as lost wages, medical bills, conscious pain and suffering, loss of consortium, nursing care costs, property damage, punitive damages, and other damages in a brain injury lawsuit, contact us today to schedule a free appointment and case evaluation with one of our Raleigh personal injury lawyers.