A traumatic brain injury (TBI) is a disruption of normal brain function caused by a blow or jolt to the head. The aftermath can be daunting, with physical, emotional, and financial repercussions.
If you suffered a brain injury due to someone else’s negligence, you may be entitled to compensation. A Long Island brain injury lawyer from Friedman & Simon, LLC can help.
Understanding Traumatic Brain Injury (TBI)
A TBI is an injury to the brain from an external force that may cause various physical and psychological effects. The common causes include:
- Falls are the leading cause of TBIs.
- Vehicle-related collisions often result in whiplash or direct impact injuries.
- Sports injuries, from mild concussions to severe head trauma.
- Violence, including gunshot wounds and domestic abuse.
TBIs can range from mild, causing temporary confusion and headaches that temporarily disrupt normal activities, to severe, possibly resulting in prolonged periods of loss of consciousness or memory loss.
- Diagnosing a Traumatic Brain Injury
- Legal Aspects of Traumatic Brain Injury
- Understanding Wrongful Death Claims in TBI Cases
- You Have a Limited Amount of Time to File A Lawsuit
- A Traumatic Brain Injury Lawyer from Friedman & Simon, LLC Can Help
Diagnosing a Traumatic Brain Injury
TBI symptoms can manifest as physical, cognitive, or emotional disturbances.
Diagnosing a traumatic brain injury (TBI) is a critical step in both medical treatment and legal documentation. This process typically involves several key steps:
A Detailed Medical Examination
The initial evaluation of a suspected TBI starts with a thorough medical examination. A healthcare professional will assess the individual’s overall physical condition, looking for signs of trauma such as bruising, swelling, or open wounds. They will also evaluate neurological functions by checking the patient’s pupil size and reactivity to light, limb strength, coordination, and balance.
This examination may include assessing the individual’s ability to follow commands and their level of consciousness using standardized tools like the Glasgow Coma Scale.
Cognitive Assessments to Evaluate Memory and Concentration After a Head Injury
Cognitive impairments are among the most common aftermaths of a TBI, and their evaluation is a vital component of the diagnosis. Neuropsychologists or other trained professionals will conduct cognitive assessments to evaluate the patient’s memory, concentration, and ability to process information. These assessments often include:
- Memory tests: Short-term and long-term memory recall tasks.
- Attention tests: Tasks that require sustained, selective, and divided attention to assess concentration.
- Executive function tests: These evaluate higher-level cognitive skills, including problem-solving, multitasking, and decision-making.
The results from these tests help identify the extent of cognitive damage and formulate a rehabilitation plan.
Advanced Diagnostic. Imaging Tests to Reveal the Extent of Brain Injury
To confirm a TBI and understand its severity, advanced imaging tests are used to visualize the brain’s structure and function. These tests reveal how severe the brain injury is and can help assess the extent of brain damage the person suffered.
- Computed Tomography (CT) scans: Often the first imaging test performed, a CT scan can quickly reveal fractures, hemorrhages, blood clots, bruised brain tissue, and swelling.
- Magnetic Resonance Imaging (MRI): An MRI provides a more detailed image than a CT scan and is better at detecting more minor injuries, subtle brain bleeding, and areas of the brain that have been deprived of oxygen.
- Functional MRI (fMRI): This imaging method assesses the brain’s activity levels by detecting changes in blood flow and helps understand the impact of TBI on brain function.
- Diffusion Tensor Imaging (DTI): DTI is a type of MRI that helps to visualize nerve fiber pathways and can detect damage to the brain’s white matter, which is often affected by TBI.
These imaging tests contribute important informationto the diagnosis and the legal process, as they provide objective evidence of the injury’s nature and extent. This evidence can be crucial for developing a medical treatment pland and when seeking compensation through legal action, as it correlates the patient’s symptoms with physical damage to the brain.
In legal contexts, the documentation resulting from these medical examinations, assessments, and tests becomes a vital part of the evidence presented to support a TBI claim. Accurate diagnosis and detailed medical records are indispensable for legal professionals in building a robust case for their clients.
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Legal Aspects of Traumatic Brain Injury
When to Consider Filing a Claim
You may need to file a legal claim if the injury is due to another’s negligence. Instances include:
- Accidents at work where safety measures were not enforced.
- Car accidents attributable to another driver’s fault.
- Incidents on properties with inadequate maintenance.
Victims may be entitled to recover:
- Medical and rehabilitation expenses.
- Lost income and diminished earning capacity.
- Compensation for pain, suffering, and loss of life enjoyment.
Documenting all impacts of the injury is fundamental to building a strong case.
Understanding Wrongful Death Claims in TBI Cases
Wrongful death claims offer legal recourse for families when a TBI results in loss of life due to negligence. These claims consider:
- The financial support lost due to the person’s passing.
- The emotional impact on the surviving family members.
A wrongful death claim is crucial for securing a family’s future after such a devastating loss.
Filing a Wrongful Death Claim for a TBI
To file a wrongful death claim, one must:
- Be a close family member, usually a spouse, child, or parent.
- Be prepared to document the full scope of the loss, including economic and non-economic damages.
A TBI can be a life-changing event, necessitating thorough medical care and, in many instances, legal action. Understanding the condition, its implications, and the steps to legal recourse are critical for recovery and seeking justice.
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You Have a Limited Amount of Time to File A Lawsuit
In New York, the statute of limitations for personal injury claims, including those involving traumatic brain injuries (TBI), is generally three years from the date of the injury. For wrongful death claims, the statute of limitations is two years from the date of the person’s passing.
These time frames are crucial as they dictate when the injured party or their family must initiate legal action. If a lawsuit is not filed within these periods, the right to sue may be lost forever. (It is critically important to note that a shorter statute of limitations may apply to your case and other critical deadlines apply to all claims and lawsuits. For this reason, among others, it is most prudent to have a consultation with an experienced personal injury lawyer so you can best understand the time limitations applicable to your case and learn what your best options for legal action are.)
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A Traumatic Brain Injury Lawyer from Friedman & Simon, LLC Can Help
If you or a loved one has suffered a TBI or if you lost a loved one to a TBI, reach out to Friedman & Simon, LLC for a compassionate and professional evaluation of your case.
Contact us today. A member of our team is available to offer you a free consultation and answer your questions.
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