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What Qualifies as a Traumatic Brain Injury?

Every year, nearly one million Americans are treated and released from emergency departments due to traumatic brain injuries. These injuries can range from mild concussions to severe brain trauma, often caused by accidents, falls, or violent impacts. Understanding what qualifies as a TBI is essential for recognizing symptoms, seeking proper treatment, and pursuing legal options if negligence played a role. In this post, we’ll break down the different types of TBIs, the critical factors that define them, and when to seek legal help. More about our traumatic brain injury lawyer, Washington D.C., here. 

What Is a Traumatic Brain Injury (TBI)?

A traumatic brain injury (TBI) is a serious condition that occurs when an external force disrupts the brain’s normal function. This can result from a blow, jolt, or penetrating injury to the head, causing damage that ranges from mild to life-threatening. In fact, it is the leading cause of disability and death in the United States, causing over 69,000 fatalities each year.

Types of Traumatic Brain Injuries

Concussion

A concussion is the mildest and most common type of TBI, typically caused by a direct blow or jolt to the head. Symptoms include headaches, dizziness, and confusion, which usually resolve with rest. However, repeated concussions can lead to long-term complications.

Contusion (Brain Bruise)

A contusion involves localized bleeding in the brain caused by trauma. While minor contusions may heal on their own, more severe cases can result in swelling and increased pressure on the brain. Surgery is often required for brain bruises. 

Diffuse Axonal Injury (DAI)

Diffuse axonal injuries are among the most severe TBIs, occurring when the brain’s nerve fibers are torn due to rapid acceleration or deceleration, such as in car crashes. DAIs often result in significant impairments, long-term disabilities, or even coma.

Penetration Injury

Penetration injuries occur when an object, such as a bullet or sharp object, pierces the skull and damages brain tissue. These injuries are typically life-threatening and require immediate emergency care to address bleeding and swelling.

Coup-Contrecoup Injury

This type of TBI occurs when the brain is injured at both the site of impact and the opposite side. This often happens in high-impact accidents, like car crashes, where the force causes the brain to shift violently within the skull, causing widespread damage and serious complications.

Symptoms of a Traumatic Brain Injury

Physical Symptoms

• Persistent headaches or migraines
• Dizziness or loss of balance
• Nausea or vomiting, especially soon after the injury
• Sensitivity to light or noise
• Fatigue or drowsiness
• Seizures or convulsions in severe cases

Cognitive Symptoms

• Confusion or disorientation
• Difficulty concentrating or memory loss
• Slowed thinking or trouble processing information
• Difficulty finding the right words or forming coherent thoughts

Emotional and Behavioral Symptoms

• Mood swings, irritability, or emotional instability
• Anxiety, depression, or feelings of hopelessness
• Impulsivity or changes in behavior
• Difficulty controlling anger or inappropriate emotional responses

Common Causes of TBIs

1. Falls

Falls are responsible for 49.1% of TBI cases, especially among older adults and young children.

Older adults are more prone to falls due to reduced balance and mobility, often leading to severe head injuries like contusions or fractures. Young children, on the other hand, are vulnerable due to their active lifestyles and developing motor skills. Everyday incidents like slipping on wet floors, falling down stairs, or losing balance on uneven surfaces can result in TBIs.

1. Motor Vehicle Crashes 

Motor vehicle accidents account for 24.5% of all TBIs, making them the second most common cause. The intense force of a collision can result in severe head injuries, whether from direct impact with the dashboard, windshield, or airbags, or from the violent shaking of the brain inside the skull.

1. Sports and Recreational Activities

Sports and recreational activities result in approximately 300,000 sports-related TBIs occurring in the United States every year. Contact sports such as football, hockey, soccer, and boxing and recreational activities like biking, skateboarding, and skiing carry particularly high risks due to frequent blows to the head. 

1. Workplace Accidents

Workplace-related TBIs are also common, especially in high-risk industries like construction, manufacturing, and transportation. The incidence of work-related TBIs is estimated to be 28.4 per 100,000 workers, with falls from heights, being struck by heavy objects, and machinery-related accidents among the leading causes.

1. Violence and Assaults

Violence and assaults contribute to a significant portion of TBIs, often resulting from blunt force trauma, gunshot wounds, or physical abuse. Domestic violence, street fights, and other acts of aggression are common causes, leading to injuries that require immediate medical and psychological intervention.

1. Blast Injuries

Blast injuries, frequently experienced by military personnel or those exposed to explosions, can cause TBIs due to the intense pressure waves that disrupt brain function. These injuries may lead to a combination of physical damage and long-term neurological impairments.

1. Child Abuse (Shaken Baby Syndrome)

In infants and young children, abusive head trauma—commonly known as shaken baby syndrome—is a preventable but devastating cause of TBI. When a baby is violently shaken, their fragile brain moves back and forth inside the skull, causing bleeding, swelling, or irreversible damage.

How Is TBI Diagnosed?

Diagnosing a traumatic brain injury (TBI) involves a combination of physical examinations, symptom assessments, and diagnostic imaging. Doctors typically start with a neurological exam to evaluate motor skills, reflexes, and cognitive function. The Glasgow Coma Scale (GCS) is often used to determine the severity of the injury. Imaging tests, such as CT scans or MRIs, help detect brain swelling, bleeding, or fractures. In some cases, additional tests like EEGs or neuropsychological evaluations may be needed to assess brain activity and long-term effects. 

Treatment for Traumatic Brain Injury

Treatment for traumatic brain injury (TBI) depends on the severity of the injury and the symptoms experienced by the individual. Common treatment methods include:

• Emergency Care: Immediate treatment to stabilize the patient, ensure proper oxygen flow, and control blood pressure.
• Medications: Drugs to manage swelling, reduce pressure in the brain, and prevent seizures.
• Surgery: Procedures to repair skull fractures, stop bleeding, or relieve pressure caused by swelling.
• Rehabilitation: Physical, occupational, and speech therapy to regain lost skills and improve cognitive or motor functions.
• Psychological Support: Counseling or therapy to address emotional and behavioral changes caused by the injury.

When to Seek Legal Help for a Traumatic Brain Injury?

If you or a loved one has sustained a traumatic brain injury (TBI) due to someone else’s negligence or wrongdoing, seeking legal help can protect your rights and help secure fair compensation. Here’s when you should consider consulting a personal injury lawyer:

The Injury Resulted From Negligence

You may have grounds for a legal claim if another party’s negligence, including a car accident, workplace incident,  or slip and fall, caused the TBI. Proving negligence involves demonstrating that someone else’s carelessness, such as a distracted driver, unsafe property conditions, or a lack of workplace safety measures, directly led to the injury. 

Medical Malpractice

In some cases, medical negligence can lead to or worsen a TBI. Examples include errors during surgery, delayed diagnosis, or inadequate treatment of head injuries. 

Defective Products

Traumatic brain injuries caused by defective products, such as faulty helmets, airbags, or construction equipment, may fall under product liability law. In such cases, manufacturers, designers, or distributors can be held accountable for injuries resulting from unsafe or poorly designed products.

Acts of Violence or Assault

TBIs caused by intentional acts of violence, such as physical assaults or domestic abuse, may also warrant legal action. Victims can pursue personal injury claims alongside criminal charges against the offender. 

When Insurance Falls Short

Insurance companies often attempt to minimize payouts, even in severe TBI cases. If an insurer denies your claim or offers an insufficient settlement, a lawyer can negotiate on your behalf or take the matter to court to ensure fair compensation.

Long-Term Impacts of the Injury

TBIs often result in ongoing medical expenses, loss of income, and a reduced quality of life. If the injury’s effects are long-term or permanent, legal action may be necessary to secure the compensation needed to cover future care, lost earning capacity, and other damages.

How a Lawyer Can Help With Your TBI Case?

A lawyer experienced in TBI cases can guide you through the legal process, gather evidence, and build a strong case to prove negligence or liability. They negotiate with insurance companies for fair compensation, calculate damages for medical expenses, lost income, and emotional suffering, and represent you in court if needed. Their expertise helps protect your rights, allowing you to focus on recovery.

Take the Right Steps After a TBI

Traumatic brain injuries can disrupt lives in profound ways, but understanding their types, symptoms, and causes is the first step toward recovery. Seeking proper medical attention and knowing when to involve legal support can make all the difference in securing the care and resources needed to rebuild your life. 

 

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