FREQUENTLY ASKED QUESTIONS ABOUT
BRAIN INJURIES
What are some consequences of a brain
injury?
What are some contributing factors to a brain injury case?
What is a TBI (Traumatic Brain Injury)?
Are there different types of brain injuries?
If DAI’s are nearly undetectable, then how do we know
about them?
Is any amount of brain damage considered acceptable?
How do I know you can help me?
Some things seem very confusing right now, is this normal?
How can I protect my rights?
What should I do after a brain injury?
What damages am I entitled to?
Who will the claim be filed against?
What if I’m partially at fault?
I didn’t hit my head, but I have a brain injury, does that
make a difference in my case?
What are your fees?
Q. What are some consequences of a brain
injury?
A.
- Cognitive: may include short and long term memory loss; difficulties
with concentration, judgement, communication and planning; spatial disorientation.
- Physical: may include seizures; muscle spasticity; vision, hearing,
smell and taste loss; speech impairment; headaches; reduced endurance.
- Psychosocial/Behavioral/Emotional: may include anxiety and depression, mood swings; denial; sexual difficulties; emotional lability; egocentricity; impulsivity and disinhibition; agitation; and isolation.
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Q. What are some contributing factors to a brain injury case?
A. Many types of acts or occurrences can give rise to personal injury claims. For example, such things as automobile or seat belt failures, poor road maintenance and unsafe products can contribute to causing a head injury, for which legal claims can be made. These complex legal matters should be handled by an attorney with specific training and experience in personal injury law, and specifically head injury cases. We at Balkin & Eisbrouch have that expertise and are willing to speak with you about your case.
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Q. What is a TBI?
A. Defining TBI (Traumatic Brain Injury) is not an easy task. But in its broadest and simplest sense, TBI is an injury to the brain. The injury can be large and cause profuse damage or it can be microscopic and still cause great damage. The results of the injury vary greatly and our ability to objectively quantify an injury through technology such as radiographic studies is at best, primitive. Traditionally, things like the Glasgow Coma Scale, whether or not a person has lost consciousness, and how long they have lost it have been used as factors in determining the extent of TBI. However, newer definitions and guidelines are changing so that now even an alteration in consciousness is seen as a warning sign of injury. Post-Traumatic Amnesia and Retrograde Amnesia are often used in assessing the severity of brain injury as well.
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Q. Are there different types of brain injuries?
A. There are many types of traumatically induced brain injuries. Typically, the most well known are injuries resulting in focal damage, such as an open head injury where an object has actually penetrated the skull and caused bleeding and damage to the brain. But there are also very serious injuries that are more subtle. Sometimes these can be what are known as Coup and Contre-Coup injuries.
A Coup injury occurs when the brain has been propelled suddenly against one side of the skull. As the brain rebounds and then collides with the opposing side of the skull, a Contre-Coup injury occurs. Sometimes these result in loss of consciousness sometimes they do not. Detecting the injury through traditional studies can sometimes be quite difficult. Yet the victim and those who knew the victim before the injury can attest to the fact that something is very wrong.
Perhaps the least understood by the public of all the injuries is Diffuse Axonal Injury (DAI). Diffuse Axonal Injury results when a rotational force is exerted on the brain in its axis. This rotation causes a shearing of the neuronal connections and pathways of the brain. Adding to the forces exerted upon the neuronal pathways is the brain’s position on the base of the skull. The base of the skull forms some bumpy areas that the brain must rest on. When rotational forces are applied, the base of the brain rubs up against these ridges putting added stress on the neuronal pathways. Sometimes, these pathways tear, and are lost. Once gone, these pathways can not be rebuilt. The brain must find alternate pathways to assume the functions of the severed paths. DAI is not debated in courtrooms because it does not usually result in focal injuries that are detectable through radiographic studies such as MRI's or CT Scans. Other testing devices such as SPECT scans and PET scans can sometimes show the damage but these too may miss this microscopic injury.
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Q. If DAI’s are nearly undetectable, then how do we know about them?
A. Neuropsychology has proven to be an effective method of testing for DAI and the testing results tend to show a correlation between mental deficits and sites of the injury. Neuropsychology, because it does not rely on radiographic imaging, but instead traces cognitive deficits to the source in the brain can help detect brain injury when everything else says the victim is normal.
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Q. Is any amount of brain damage considered acceptable?
A. No amount of brain damage is acceptable to head injury survivors and their families. Even so-called “mild” brain damage can turn lives upside down. Minor impairments to memory and brain function can result in loss of employment and severe financial hardship.
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Q. How do I know you can help me?
A. At Balkin & Eisbrouch, we understand the unique needs of head injury surviors and their families. We have the knowledge and experience to be aggressive and effective advocates for them.
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Q. Some things seem very confusing right now, is this normal?
A. When you suffer a traumatic brain injury, you face confusing changes which are not easily understood by your family. It may be frightening to realize that simple tasks you once took for granted have become cumbersome or even impossible. You may have a loss of memory or mood swings. You and others realize that you have become a different person. Worse yet, others don’t readily understand the extent of your injury. They see no outward sign of your injury and are anxious for your life (and theirs) to return to normal. An understanding of your legal rights can help you deal effectively with the crisis of a head injury.
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Q. How can I protect my rights?
A. To protect your legal rights following a traumatic brain injury, it is generally wise to consult us. We are experienced in handling head injury cases. In the event of a head injury, it is also important that your attorney understand the extent of disability such injuries can inflict physically, mentally, and emotionally. An attorney who has handled head injury cases in the past will be able to prepare your case most effectively. Balkin & Eisbrouch has experience in these types of cases and will be with you every step of the way.
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Q. What should I do after a brain injury?
A. What to do following a brain injury:
- If related to a motor vehicle collision, insist that a report be filed
with the police, sheriff or state highway patrol.
- Obtain names, addresses and telephone numbers of all witnesses.
- Photograph the accident scene, including all vehicles involved (before
repairing) and any visible injuries (cuts, bruises). Professional photographs
are generally preferable, but not essential.
- Talk to no one about the accident or injuries other than your personal
physician or us.
- Sign nothing without consulting us, unless it is a traffic ticket or receipt
for bond posted. (This is not in any way an admission of guilt, it simply
acknowledges receipt.) Truthful statements you make in an attempt to be helpful
can easily be misinterpreted and turned against you.
- Tell your physician or surgeon exactly how the injury occurred and describe
all symptoms and complaints. Be sure to report memory problems, confusion
or disorientation however minor these things may seem at the time.
- Begin keeping a diary of how the injury affects your life. In particular,
write down all medical related visits and everything that causes you physical
pain, frustration or worry.
- Obtain and keep receipts for all expenses relating to the accident.
- Consult us before paying a ticket or appearing in court, even if you believe you were partially at fault. Admissions made in traffic court could unfavorably hurt your case.
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Q. What damages am I entitled to?
A. Damages which a victim of brain injury may be entitled to recover include:
- hospital and medical expenses, both past and future
- lost earnings, both past and future
- emotional distress (such as depression and anxiety)
- physical pain and suffering
- loss of enjoyment of life
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Q. Who will the claim be filed against?
A. If another person caused your head injury, then you probably have a legal claim against that party. If the person was working at the time of the injury, then you may also have a claim against that person’s employer.
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Q. What if I’m partially at fault?
A. Even if you are partially at fault, you may still be entitled to recover a portion of your damages.
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Q. I didn’t hit my head, but I have a brain injury, does that make a difference in my case?
A. One startling fact is that you can suffer a traumatic brain injury without actually hitting your head. In severe cases of whiplash, the brain can sustain lacerations. Some important signals are headaches, forgetfulness or inability to perform tasks which were once routine.
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Q. What are your fees?
A. Balkin & Eisbrouch handle
all cases on what is called a contingency fee. This means that no fees or costs
are charged unless we collect money damages for you. We advance all costs for
investigators, court reporters, expert witness testimony, accident reconstructionists,
filing fees and any other expenses related to your case. All of the consultations
with our office are absolutely free. When you recieve compensation, meaning
we have successfully concluded your case, either by settlement or litigation,
our fees are a percentage of the gross settlement. This percentage is agreed
upon before we begin work on your case and is generally between 20% and 40%.
The percentage depends on the complexity and type of case.
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No Recovery, No Fee!
We know most people can't afford high, hourly legal fees. That's why we work on a contingency basis. This means you won't pay anything, unless we recover money for you.
If you or someone you love has been injured in a car accident anywhere in the United States, Canada, Puerto Rico and all American possessions, let our experienced auto accident lawyers help you receive the compensation you deserve.
Email us or call us today at 1-800-RESULTS.
"THE RESPECT YOU DEMAND. THE RESULTS YOU DESERVE."®
Balkin & Eisbrouch, LLC
A National Law Firm
"Making Things Right For Over 35 Years"
