• TBI does not require a loss of consciousness
• TBI does not require a direct blow to the head
• Loss of memory about what happened immediately before or after the accident
• Witnesses and EMS describe victim as “dazed,” “confused” or “altered mental status (AMS)”
• Rapid acceleration/deceleration of the head
The personal injury attorneys of the Law Office of Cohen & Jaffe, LLP, help TBI victims and their families regain financial footing after life-changing accidents. We pursue compensation for clients injured in accidents that were caused by others’ negligence.
If you have suffered a serious traumatic head injury in the New York City area, we are ready to fight for you.
Personal injury, handled personally. Contact us today for a free consultation about your TBI lawsuit.
Some injuries are easy to prove. An X-ray will show a fractured bone. An MRI will show a herniated disc. But some injuries are less apparent. Traumatic brain injury (TBI), for example, is known as the “invisible injury” because TBI victims often suffer harm that is very real even though it cannot be seen.
A traumatic brain injury can go undiagnosed for months. A TBI is not apparent to the casual observer, like a broken limb. Rather, its detection usually requires the use of expert medical witnesses, who often use advanced technologies in medicine, including Diffusion Tensor Imaging (DTI).
DTI is a method of imaging that spawned from what is commonly referred to as MRI (Magnetic Resonance Imaging). DTI was invented approximately 20 years ago. Despite its existence for almost a quarter of a century, the vast majority of the United States is just now beginning to see DTI availability.
There are literally hundreds of peer reviewed studies about the effectiveness and reliability of using DTI to assess traumatic brain injury. In fact, DTI is also used to plot and plan brain surgeries. It is also used in procedures involving the insertion of deep brain stimulation electrodes, and in cases of epilepsy. As well, the science and reliability of DTI has been accepted in courts throughout the country.
Our brain helps define who we are. Thus, the consequences of a traumatic brain injury have the potential to change every aspect of our lives. Neither a direct impact to the head, nor a loss of consciousness are required to suffer a traumatic brain injury. In fact, the TBI victim will often look “normal” immediately after suffering a TBI say, in a car accident. This devastating injury is often missed by first responders and even doctors at the hospital.
These injuries are often not detectable on traditional CT or MRI scans, leading doctors to read them as “normal.” Most of the time, it is a family member, close friend, or co-worker who will first notice the signs and symptoms of TBI – the victim will seem “dazed,” “angry,” or “a little off.”
It is crucial that accident victims be assessed for traumatic brain injury as soon as possible after the event. Recovery from a TBI is entirely possible, but cannot be implemented without first determining whether a TBI has been suffered.
The Centers for Disease Control and Prevention (CDC) says about 1.7 million TBIs occur every year, either as an isolated injury or along with other injuries. The Brain Injury Association of America says more than 5.3 million children and adults in the U.S. have a permanent disability caused by TBI.
TBIs may be described as closed-head injuries or penetrating injuries. A penetrating TBI is one in which a foreign object – such as a bullet, bone fragment or car crash debris – breaks through the skull and into the brain. It causes brain damage where the brain tissue is cut and torn.
A closed-head injury occurs when a blow or sudden jolt to the head causes the brain to move violently within the skull and suffer damage as it slams into the inside of the skull. A closed-head TBI can cause widespread or “diffuse” brain damage.
The Mayo Clinic says a mild TBI, which is known as a concussion, may cause such symptoms as:
A mild or severe TBI may cause the symptoms of a mild injury, plus additional symptoms within the first hours to days after the head injury, including:
A severe TBI may cause cognitive damage (judgment, memory, learning), communication problems (speaking and understanding what others say), and behavioral and emotional changes (mood swings, depression, social difficulties or outbursts).
In some cases, a TBI victim goes into a coma or a persistent vegetative state, and develops degenerative brain disease, which may lead to death.
The CDC says the leading causes of TBI are:
Hospitalization and treatment of a TBI may be lengthy or ongoing, and will certainly be expensive. Brain damage may leave a victim unable to work for a living or even perform daily living tasks, such as feeding or grooming. Personality changes from TBIs can destroy marriages and tear families apart.
You may be able to obtain compensation to assist with the consequences of a TBI if you or a loved one was injured in an accident caused by someone else’s negligence. This includes car accidents, slip-and-fall accidents, and assaults caused by negligent security.
We know how to calculate damages and justify it to an insurance adjuster or a jury. We work with investigators, medical professionals and financial specialists to ensure we fully document a case before we present compensation demands to insurers. If we go to court, we go prepared to win.
Call us now or fill out our simple contact form for a free, no obligation evaluation of your case and advice about your legal options.