The CDC reports that traumatic brain injuries (TBIs) are a significant cause of death and disability in the United States. There were an estimated 64,000 TBI-related fatalities in the US in 2020, and many thousands more were permanently injured. When someone’s negligence causes the TBI, it may be possible to obtain substantial compensation in a lawsuit.
This article will teach you the most common causes of traumatic brain injuries. If you or a loved one need legal assistance, the Schaumburg personal injury lawyers at Claim Your Justice can help with your TBI case.
Construction workers are at one of the highest risks for traumatic brain injury. This is because construction sites are more hazardous than many workplaces, such as offices and retail stores. There is a lot of heavy machinery and workplaces at heights. As a result, the construction area environment lends itself more readily to severe injuries, including head trauma. Common causes of TBIs at construction sites include:
- Falls: Falls from height were responsible for at least 50% of all job-related TBIs last year. The CDC states that common causes of falls and TBIs at construction sites are falls from roofs, ladders, and scaffolds.
- Vehicle accidents: Traveling to and from a construction site puts you at a higher risk of accidents. There also is vehicle traffic on site, a common cause of traumatic brain injuries. Construction zones also contain many obstructions and large objects that make it harder to spot danger.
- Object strike: Construction materials are often being moved around on construction sites. For example, metal beams and other building materials must be moved. These activities put workers at higher risk of injury.
Workers at construction sites can reduce their chances of injury by using fall protection protocol, always wearing a hard hat, and being aware of one’s surroundings.
The CDC reports that falls due to tripping and slipping accidents can often cause traumatic brain injuries. It is estimated that more than 1 million Americans are admitted to ERs every year because of significant injuries from slip-and-fall accidents.
TBIs are one of the severest types of injuries in falls. TBIs in falls can range from mild to severe and may cause severe disability for the accident victim. Some of the reasons slip-and-fall accidents lead to severe injuries such as TBIs are:
- Slippery floors
- Uneven sidewalks and other walking surfaces
- Debris and clutter
- Poor lighting
- Ice and snow
- Stairway accidents
- Loose electrical wires and cords
Motor vehicle crashes cause many traumatic brain injuries annually. During a crash, you will probably be subjected to severe, sudden, and violent movements. This can slam your head into the steering wheel, windshield, dashboard, or window. Also, the sudden movements can slam the brain into the inside of the skull, also causing injury.
A direct blow to your head in a car accident can bruise the brain and damage the delicate internal blood vessels and tissue. Note that your head trauma will differ depending on where the vehicle was struck. For example, if your car is T-boned on the right side, the left side of your head may slam into the driver’s side window. Most cars now have side-impact airbags, but these violent collisions still frequently cause TBIs.
Note that the skull is only about 1/4” thick, so a violent impact in a car accident can cause a severe and catastrophic head injury. If it happens, you will need ample compensation for your recovery.
Medical errors can lead to traumatic brain injuries. One of the most common is an anesthesia error. These mistakes can cause a brain injury in these situations:
- Dosage error: The anesthesiologist may provide too much anesthesia to the patient, who may stop breathing or go into cardiac arrest. Both problems can interrupt blood flow to the brain, which can cause severe brain damage. A common issue with dosage errors is damage to the area of the brain that controls vision, potentially leading to blindness.
- Failure to monitor the patient: When a patient is under anesthesia, they must be carefully monitored. If not, there can be irreversible brain damage.
- Failure to administer oxygen: If the patient receives the incorrect oxygen concentration, there can be brain damage.
Other medical errors may lead to traumatic brain injuries, as well:
- Medication errors: Giving a patient the wrong or incorrect amount of medication can cause seizures, an allergic reaction, or a heart problem that can reduce blood flow to the brain.
- Surgical mistakes: A mistake during surgery can affect oxygen flow. But errors during a brain procedure can cause scarring, blood clots, and other damage.
- Failure to diagnose: If the doctor does not diagnose a serious condition and it worsens, it can lead to a severe medical error. Sometimes, these mistakes can cause brain damage.
Some possible brain injuries from medical mistakes may affect your memory, thinking, communicating, balancing and sensation, and emotions. Some patients never recover full brain function in a medical malpractice case.
The last case type of traumatic brain injury is assault or physical violence. There is always a chance of a head injury when there is assault or violence. For example, a crime victim could suffer a head injury in an assault, carjacking, mugging, fighting, choking, and more. In addition, some evidence indicates that women and children domestic violence victims may be at a higher risk of traumatic brain injuries.
Additional causes of TBIs in assault and violence cases are:
- Blows to the head: A kick or punch to the head can cause a brain injury. You also could be shoved to the ground and slam your head on the pavement. Other blows to the head that may trigger a TBI are being shot with a gun, hit with a club or bat, or slammed against a wall.
- Coup and contrecoup injuries: These injuries cause brain bruises when violent shaking occurs in some assault cases. For example, shaken baby syndrome can cause coup and contrecoup injuries on the front and back of the brain.
- Anoxia: This injury happens when oxygen flow is reduced to the brain. This often occurs in a violent encounter when a person is choked or smothered.
How Can My Lawyer Help If I Have A Traumatic Brain Injury?
If you suffer a traumatic brain injury because of someone’s negligence, a Claim Your Justice attorney can help you pursue compensation. You may be eligible for funds for your medical bills, lost earnings, pain and suffering, and mental anguish. In addition, your Claim Your Justice injury attorney will investigate the incident to determine if another party was liable for the injury.
Your lawyer will also oversee all correspondence with the defense, keep track of your damages and expenses, and negotiate with the insurance company for a fair settlement. The attorney may take the case to court if the claims adjuster does not offer the compensation you deserve. Then, your TBI case will be decided by the judge or jury.
If the insurance company makes a settlement offer, your attorney will inform you whether it is a fair offer. If it is not, the attorney will pursue the case in court.
How Much Money Can You Get In A TBI Settlement?
Every traumatic brain injury differs, but these cases often have a high settlement value. Some online legal sources report that the average brain injury case results in excess of $100,000 in settlement. However, some TBI cases can be settled for hundreds of thousands or millions of dollars.
The medical expenses to treat a TBI can be financially devastating. You may need surgery, imaging tests, medications, physical therapy, and months or years of rehabilitation. Your personal injury lawyer will review your medical bills and medical records to obtain a settlement that reflects your past and future medical needs.
Next, a severe brain injury can leave you unable to work in your chosen profession. Or, you may be unable to work at all. Compensation for lost earning capacity can compensate you for being unable to make a living for months or years into the future.
Pain and suffering are often one of the most significant parts of a brain injury settlement. It is common for TBI victims to suffer chronic pain and terrible headaches. No matter how much pain you have from your brain injury, you should be entitled to ample compensation for your physical and mental suffering. Details that you provide to your personal injury attorney of the pain you experience will help in maximizing the value of your case.
Reduced quality of life is another area you may deserve compensation for in a TBI case. Having a brain injury can leave you immobile or unable to communicate. Perhaps you can no longer enjoy your previous hobbies or the job you trained for.
If you lost a loved one to a traumatic brain injury, you also could be entitled to compensation in a wrongful death lawsuit. For instance, you could receive compensation for loss of companionship, lost earning capacity, funeral expenses, and the deceased’s suffering during death.
Contact Our Schaumburg Personal Injury Lawyer Now
Did you or a loved one suffer a traumatic brain injury in the Schaumburg region? Did the accident and injury happen near I-290 or IL-53 in any other area in Chicago? Our personal injury lawyers know how complex and difficult traumatic brain injuries can be. You could be entitled to substantial compensation if someone’s negligence caused the accident. Contact Claim Your Justice now at 847-434-3555.