Traumatic Brain Injury (TBI):
It can occur in a variety of ways. TBI can occur when there is a
rapid acceleration and deceleration of the brain as in whiplash or
shaken baby syndrome. This type of injury is sometimes referred to
as a "closed head injury". TBI can also result when the head comes
into contact with another object as in a motorcycle accident or a
blow to the head. Unlike a closed head injury where it may not be
possible to tell that the person is injured just by looking at
them, this type of TBI usually has outward manifestations of
injury such as a skull fracture. The injuries that result from TBI
can be long lasting and sometimes difficult to prove, especially
when there aren't outward physical manifestations of the injury.
In fact, a mild traumatic brain injury can be sustained, yet
routine neurological examinations will be normal.
Someone who has suffered a TBI may experience physical, cognitive
and behavioral problems. Physical symptoms that result from TBI
include lethargy, fatigue, headache, vision problems, and sleep
disturbance. Cognitive problems that may be due to TBI include
inability to concentrate or pay attention, difficulty with memory,
difficulty with planning, and trouble either understanding or
producing speech. Behavior problems resulting from TBI include,
mood swings, irritability, and lack of inhibition. Many of these
problems may be attributed to depression, when they are in fact a
result of the TBI. This is especially true in instances of mild
traumatic brain injury since there may be little other evidence of
physical injury.
For
that reason it can be hard for a person who has suffered a
traumatic brain injury to recover adequate damages for their
injuries. It can be difficult to prove the lasting physical
effects of TBI to the satisfaction of a judge or jury when there
are no apparent physical injuries and when neurological exams
return normal results.
Because of this it is a good idea to consult with an attorney who
has experience with traumatic brain injury cases. An attorney with
prior experience in this area is more likely to be aware of the
multitude of long-term effects that can plague a TBI victim. He or
she also has experience with effective methods of proving the
impact of these effects to juries.
