Brain Injuries When the Result Means Everything, Contact the Brain Injuries Lawyers at Lyons & Simmons, LLP

Dallas Brain Injury Attorneys

Handling Brain Injury Cases Nationwide

A traumatic brain injury (TBI) can develop due to a bump, blow, or jolt to the head. It may also occur following a penetrating head injury, disrupting functions of the brain. The severity of a TBI can range from mild to severe.

Illustration of a traumatic brain injuryEach year, TBIs are responsible for a substantial number of deaths or permanent disability. According to a report by the Center for Disease Control, estimates indicate that between 3.2 million and 5.3 million persons in the U.S. are living with a TBI-related disability.

Handling cases involving TBIs requires an understanding of the evolving medical science as well as sophisticated neuroimaging. Recent technological and neuroscience developments have made it possible to be able to quantify brain injuries to such a degree that juries no longer have to infer from neuropsychological testing whether or not a person has a significant brain injury. Diffusion Tensor Imaging (DTI) and fractional anisotropy (FA) have given neuroradiologists and neurologists the ability to identify and quantify abnormal patterns within the brain that when paired with a history of trauma, can help to establish the existence of a brain injury.

Lyons & Simmons, LLP has extensive experience with brain injury cases and is committed to retaining respected experts in the fields of Neurosurgery, Neurology, Neuroradiology, Neuropsychiatry, Vocational Rehabilitation, Life Care Planning, and Physical Medicine and Rehabilitation for complex brain injury cases. Let us handle your brain injury case.

Lyons & Simmons handles complex brain injury cases involving 18 wheelers, automobile accidents, NFL and NHL players, and bicycle and skateboard accidents, among others. Do you have a TBI? Call the Dallas brain injury lawyers at Lyons & Simmons: (844) 297-8898. We serve clients throughout Texas and across the United States.

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a type of injury to the brain that is caused by an acute event exerting force on the brain. This force can result from a variety of incidents, such as a blow to the head, a fall, a car accident, or any other situation where the brain is subjected to enough force to cause it to move within the skull. TBIs can vary widely in severity, ranging from mild to severe, and they can have both short-term and long-term effects on an individual's cognitive, emotional, and physical functioning.

There are several common types of traumatic brain injuries:

  • Concussion: This is a mild form of TBI and is the most common. It often results from a blow to the head or a sudden, violent shaking of the head. Concussions can lead to temporary loss of consciousness, confusion, memory problems, and other symptoms that could take many months to resolve.
  • Contusion: This type involves bruising of the brain tissue. It occurs when the force of impact is significant enough to cause bleeding or bruising within the brain. Contusions can have a range of permanent and life-changing effects depending on their location and severity.
  • Coup-Contrecoup Injury: This occurs when the force of impact causes the brain to strike the inside of the skull at the point of impact (coup) and then rebound and strike the opposite side of the skull (contrecoup). This can result in injuries at two separate locations within the brain.
  • Diffuse Axonal Injury (DAI): This is a severe form of TBI where there is widespread damage to the brain's nerve fibers (axons). It often results from rapid acceleration or deceleration, such as that which occurs in car accidents or shaken baby syndrome.
  • Penetrating Injury: This type of TBI occurs when an object, such as a bullet or a sharp object, penetrates the skull and damages the brain tissue. Penetrating injuries can be particularly severe and may require surgery.

Common Causes of Traumatic Brain Injury

Traumatic brain injuries (TBIs) can result from a variety of causes, and they often occur when there is a sudden and forceful impact to the head or a sudden change in velocity.

Here are some common causes of traumatic brain injuries:

  • Falls: Falls are a leading cause of TBIs, particularly among young children and older adults. Falls from heights, such as chairs, ladders, or stairs, or slipping/tripping and falling on the floor can result in TBIs.
  • Motor Vehicle Accidents: Car, motorcycle, truck, and ATV/UTV accidents are significant contributors to TBIs. The impact of a collision or sudden stop can lead to serious and life-changing TBIs.
  • Sports and Recreational Activities: Contact sports and activities with a risk of falls or collisions, such as football, soccer, hockey, and skateboarding, can lead to TBIs.
  • Assaults: Acts of violence, including physical assaults and gunshot wounds, can cause TBIs. The force applied during these incidents can result in permanent damage to the brain tissue.
  • Workplace Injuries: Certain occupations, such as construction or manufacturing, carry an increased risk of head injuries due to falls, falling objects, or other accidents. Occupational safety measures, including the use of protective equipment, appropriate safety policies, and proper supervision are crucial in preventing TBIs.

Who is Liable for a Traumatic Brain Injury in Texas

In Texas, liability for a traumatic brain injury (TBI) will depend on the specific circumstances surrounding the injury. Liability refers to legal responsibility for the harm caused to another person.

Here are some scenarios in which different parties may be held liable for a TBI in Texas:

  • Motor Vehicle Accidents: If a TBI occurs as a result of a car accident, the driver at fault may be held liable for the TBI sustained by the victim.
  • Companies: If the at-fault driver was on the job at the time of the accident, their employer may also be held liable under certain circumstances.
  • Workplace Accidents: Companies may be held responsible if a TBI occurs in the workplace due to unsafe conditions, lack of proper safety measures, lack of proper supervision, or other negligent acts on the part of the company.
  • Premises Liability: If a TBI occurs on someone else's property due to a hazardous condition (such as a wet floor, uneven surface, or inadequate warning), the property owner, controller, or occupier may be held liable for the injury.
  • Assault and Violence: Individuals who commit acts of violence resulting in a TBI may be held civilly liable for the harm they cause.
  • Product Liability: If a TBI is caused by a defective product, such as a faulty helmet or safety equipment, or a defective machine, the manufacturer or distributor of the product may be held liable for the injuries.
  • Medical Malpractice: If a TBI occurs due to medical negligence, such as surgical errors or misdiagnosis, the healthcare professional or institution may be held liable for malpractice.

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Lifetime Costs of a Brain Injury

The brain is incredibly vital part of the body, but extremely delicate. Even a slight amount of damage can lead to long recovery times and the possibility of permanent physical, emotional, and financial consequences.

Financial Costs

The financial costs of a brain injury are perhaps the easiest to comprehend, but also the hardest to calculate. Brain injuries are unique in that it’s almost impossible to diagnose their true nature. How severe is it? What impact will it have in the short term, as well as the long term? Is a full recovery possible? Will there be lasting side effects? Each of these questions could have an impact on the financial damages sustained through this injury.

Medical Care

Brain scans, examinations, and medical procedures needed to properly treat a brain injury add up quickly, and can be financially devastating when care is measured in months or years. By some measures, the lifetime costs of treatment for a TBI are estimated to vary anywhere between $85,000 for a mild issue and $3 million for a more serious condition.

Lost Earnings

Compounding the financial impact is the potential loss of earnings of both the patient and the loved ones who may have to put their lives on hold to help provide medical care.

The average unemployment rate for adults two years after a TBI diagnosis is 60 percent. People who suffer from brain injuries may lose the ability to work in the same capacity as they did previously, meaning they may never be able to return to work again.

Non-Financial Costs

A TBI also has other costs that are not necessarily financial in nature. Pain and suffering and emotional trauma are two of the largest non-financial costs of TBI.

TBIs also can lead to other side effects, such as mood swings or changes in personality, which can have a dramatic and devastating impact on your personal and professional relationships.

When the Result Means Everything, Trust Our Team

If you or a loved one suffered a brain injury, our team of award-winning attorneys are ready to fight on your behalf.

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