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Traumatic Brain Injury

Cases involving a traumatic brain injury (TBI) can be among the most challenging personal injury claims. Unlike those with broken bones or torn muscles or ligaments, many traumatic brain injuries do not involve “objective evidence” of injury that might show up on an MRI. Diagnosis can be made solely based on “subjective” symptoms. Whether there is objective or subjective evidence, brain injury cases can involve a constellation of problems that can forever change a person’s life and cause incredible financial difficulties.

Unfortunately, insurance companies frequently argue that an injured person exaggerates or fabricates a condition because there is no “objective evidence” of an injury. This is despite clear neurological evidence that many traumatic brain injuries do not appear on MRIs or other diagnostic tests. Maginnis Howard’s experienced attorneys handle traumatic brain injury cases and can assist you with refuting the baseless claims of the insurance company.

Causes of TBIs

TBIs are a significant public health concern, affecting millions of individuals each year. Understanding the leading causes of TBIs can help in developing prevention strategies and raising awareness about safety measures. Frequent causes of brain injuries include:

  • Motor Vehicle Accidents – Motor vehicle accidents, including car, motorcycle, and trucking crashes, are a leading cause of TBIs. The impact during a collision can cause significant head injuries to drivers, passengers, and pedestrians.
  • Falls – Falls are the most common cause of TBIs, particularly among young children and older adults. These incidents often occur at home or in stores due to slippery floors, uneven surfaces, or poor lighting. That’s why commercial spaces have a duty to protect their patrons and provide a safe environment.
  • Medical Malpractice – Brain injuries can occur when healthcare professionals fail to provide the standard of care expected in medical settings. TBIs resulting from medical malpractice may arise from surgical errors, misdiagnosis, medication errors, birth injuries, and more.
  • Assaults – Assaults, including domestic violence and physical attacks, are another cause of TBIs. These incidents can lead to severe head injuries due to blunt force trauma.

Mild Traumatic Brain Injuries

A mild TBI typically involves a brief loss of consciousness or alteration in mental state and neurological deficits. These deficits often include cognitive and behavioral changes. Folks with mild traumatic brain injuries might also experience headaches, dizziness, fatigue, sensitivity to light, sensitivity to sound, emotional changes, nausea, and a variety of other symptoms.

Mild traumatic brain injuries are frequently diagnosed through neuropsychological testing. A speech pathologist may also be involved. MRIs and CT scans are often not sensitive enough to see any physical changes in the brain. Diagnosis must be made based on subjective complaints and observations of behavioral and cognitive changes by friends and family. Physicians may also use the Glasgow Coma Scale as a standard identification tool for brain injuries. The symptoms often gradually lessen over time and usually resolve within one year. Sometimes, however, the symptoms can be permanent.

Moderate and Severe Traumatic Brain Injuries

Moderate and severe TBIs can involve similar difficulties to mild TBIs, but the symptoms may last longer or be more pronounced. They may also worsen over time. In many cases, there is objective evidence of injury on MRIs. Moderate and severe TBIs also differ from mild TBIs in that there is typically a more prolonged loss of consciousness or period of amnesia.

Damages Recoverable

In traumatic brain injury cases, various types of damages are available to you. The goal of the law is to make you financially “whole” as much as possible. Recoverable damages include compensation for past and future medical expenses, lost wages, pain and suffering, scarring, and disability. Whether you have sustained a mild, moderate, or severe traumatic brain injury, our attorneys are here for you. We will work with neuropsychologists, economists, vocational rehabilitation professionals, and your doctors to determine the full extent of your personal and economic damages and will advocate aggressively for your rights.

Free Consultations

Maginnis Howard provides free consultations for personal injury cases involving traumatic brain injuries. Whether your injury was the result of a negligent driver in an car accident or medical malpractice, we will fight for you or your loved one. Our attorneys can travel to meet with you if your injuries have left you disabled. We offer a contingency fee agreement, where you pay no attorneys’ fees unless and until we recover a verdict or settlement on your behalf. To set up a free consultation with one of our North Carolina traumatic injury attorneys, visit our contact page or click on the Live Chat feature at the corner of your screen. We have three conveniently located offices in Raleigh, Charlotte, and Fayetteville and serve clients across the Carolinas.

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