Traumatic Brain Injury Attorney

Traumatic Brain Injury (TBI) is an injury that can change the way your brain normally works and is caused by an external force to the head. The severity of TBI may range from “mild” (i.e., a brief change in mental status or consciousness) to “severe” (i.e., an extended period of unconsciousness or amnesia after an injury). Mild traumatic brain injury (mild TBI) accounts for nearly 75 percent of all TBI’s. Health care professionals may describe a concussion as a “mild” brain injury because most concussion symptoms typically resolve in days to weeks, but all TBIs—mild, moderate, or severe—are serious injuries and have the potential for long term consequences.

Causes of TBI

 Falls, motor vehicle crashes, being struck by or against an object, and assaults are four commonly reported causes of TBI:

Falls: Falls are the leading cause of TBI (40 percent) in the United States. They cause more than half (55 percent) of all TBIs among children aged 0–14 years and 81 percent of all TBIs among adults aged 65 years and older. 

 Being Struck by or Against an Object or Person: This type of TBI occurs from being struck (hit) or crushed, or colliding with a moving or stationary object or person. These events account for 16 percent of all TBIs and are the second leading cause of TBI among children aged 0–14 years (24%).ii Sports-related TBIs are one type of TBI that are the result of being struck by or against an object or person. 

Motor Vehicle Traffic Incidents: Among all age groups, motor vehicle crashes and traffic-related incidents are the third leading cause of TBI (14%) and result in the largest percentage of TBI-related deaths (26%).

Assault: Assaults are the cause of 10 percent of TBIs in the general population; they account for 3 percent of all TBIs among children aged 0–14 years and 1 percent among adults aged 65 years and older.i Assaults include injuries inflicted by another person with intent to injure or kill, such as fights, child maltreatment (e.g., shaken baby or abusive head trauma), and intimate partner violence or elder abuse.

Shaken Baby Syndrome is a form of abusive head trauma and is a preventable and severe form of physical child abuse. It results from violently shaking an infant by the shoulders, arms, or legs.  

TBI May Potentially Affect: 

Cognitive function (e.g., impaired attention or memory)

Motor function (e.g., extremity weakness or poor coordination and balance);

Sensation (e.g., loss of hearing, vision, perception, or touch); and

Emotion (e.g., depression, anxiety, aggression, loss of impulse control, or personality changes). 

Sports Related TBI, Concussions, and CTE

Impact sports like football or hockey can expose a player to TBI, concussions, or other serious long-term problems such as chronic traumatic encephalopathy (CTE).  Recent studies have concluded routine hits that cause players to become dizzy, disoriented or even lose consciousness, could be a root cause of CTE.

Sadly, the risks for high school, college, and professional athletes may be even more serious.  A Boston University study published in the Journal of American Medicine found CTE in 99 percent of brains obtained from National Football League (NFL) players, as well at 91 percent of college football players and 21 percent of high school football players.

Who’s responsible?

 Ultimately, prevention and awareness are the best weapons against TBI, concussions, and CTE.  However, there are many circumstances where these injuries are the result of an accident or negligence and compensation is due. 

Court cases range from mild to severe and the courts are given broad power to decide what compensation is appropriate. 

Recent Brain Injury Verdicts:

$26 million verdict - Awarded to a Florida man who suffered permanent brain damage in a car accident involving a commercial truck.

$14 million settlement – Settled by a woman who suffered a brain injury when the defective tire on her motorcycle failed.

$7.5 million verdict – Awarded to a woman injured in a car accident. She was comatose for three weeks and required two months of brain injury rehabilitation.

$3.2 million settlement – Settled by a Virginia truck driver injured in an accident while driving for his employer. He suffered a mild TBI (Traumatic Brain Injury).

$800,000 settlement – Settled by a North Carolina woman following a car accident. Her injuries included mild TBI, and she suffered from short-term memory loss, depression, mood changes, fatigue, and partial complex seizures.

$290,000 settlement – A Virginia man settled a car accident claim which resulted in a mild concussion, among other more minor injuries.

$100,000 settlement – A California woman was hit while driving through an intersection and suffered a soft-tissue head injury - and a permanent scar - when her head struck the driver-side window.

We’re Here To Help

The personal injury law firm of Roberts Markland LLP has recovered millions for our clients who have suffered traumatic injuries.  If you or a loved one has suffered TBI, concussion, or suspect CTE from an accident, sports participation, or other particular circumstance, contact us for an evaluation of your situation.  You may be due compensation that could help you and your family on the road to recovery.