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Navigating Complex Brain Injury Cases

TBIs don’t just occur in car wrecks or skiing accidents. Studies show that an estimated 300,000 traumatic brain injuries occur annually in the United States due to high school and collegiate sports injuries. In 2014, a study presented at the American Academy of Neurology demonstrated that more than 40 percent of retired National Football League players had signs of TBI based on MRI scans called Diffusion Tensor Imaging. Other studies have indicated that chronic traumatic encephalopathy (CTE), a condition only verifiable on autopsy, was present in 96% of NFL players examined.

In April of 2015, the United States District Court for the Eastern District of Pennsylvania approved the settlement between the NFL and retired players. The lawsuit alleged that the NFL failed to warn players and hid the risk of brain injuries they faced. In July of 2016, a group of NFL players sued Riddell, Inc. alleging the equipment manufacturer failed to warn about the long-term health effects their helmets could not protect them from.

Lifetime Costs of a Brain Injury

The brain is an incredibly important part of the body, but it is also extremely delicate, meaning even a slight amount of damage can lead to long recovery times and possibly permanent consequences physically, emotionally, and even financially. These costs are why you should discuss your case further with a Dallas personal injury attorney when you or a loved one suffer from a TBI.

Financial Costs

The financial costs of a brain injury are perhaps the easiest to comprehend, but also probably 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? Will you ever fully recover? Will there be any lasting side effects? Each of these questions could have an impact on the financial damages sustained through this injury.

Medical Care

Medical care for the treatment of a TBI can be extensive. Brain scans, examinations, and continual procedures needed to properly treat a brain injury add up quickly, particularly because much of the technology used to treat brain injuries is still new and cutting-edge, involving highly sophisticated equipment. Additionally, the physical, emotional and behavioral components of a brain injury can create additional treatment needs that last forever, long after the need for acute care. It’s easy to run up large medical expenses in this way, particularly if you’re going to need continual treatment for months or even years after the injury initially occurs. By some measures, the lifetime costs of treatment for a TBI can vary anywhere between hundreds of thousands for a mild issue and into the tens of millions for a more serious condition. The attorneys at Lyons & Simmons work with respected and qualified Life Care Planning experts to determine the scope of future care needs based upon the extent of the injuries and functionality as well as to determine the cost of that healthcare based upon life expectancy and future care needs.

Lost Earnings

Loss of earnings for victims of a traumatic brain injury can be significant. Often times, victims of a brain injury can never fully return to work. Some may be severely limited in their functionality that hinders their ability to earn a living as they once did before the injury. The attorneys at Lyons & Simmons work with respected physical medicine and rehabilitative physicians as well as vocationalist to properly assess the victim’s condition, limitations and ability to enter the workforce. Economists can quantify, based on the work of these other experts, to ascertain the net loss to the brain injury victim resulting from their inability to work or to fully return to work. The economic model created from these experts is used as a basis to seek recovery for damages.

Lost Earning Capacity

Brain injuries have been shown to have a number of other effects and consequences as well. The unemployment rate for average adults two years after their 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. This can substantially complicate your case and dramatically increase the cost of the injury.

Non-Financial Costs

A TBI also has other costs that do not necessarily have a financial value but could make you eligible for financial compensation. Pain and suffering and emotional trauma are two of the largest costs of TBI, as they often lead to turmoil physically and emotionally.

TBIs also can lead to other side effects, such as mood swings or changes in personality, which can have a dramatic impact on your relationships with everyone from your spouse to your kids to your co-workers. Sometimes a brain injury can lead to these relationships eroding for one reason or another until they collapse, resulting in a loss of companionship or consort.

We're Your Attorneys For Complex Injury Cases

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 enabled 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, Neurosphychiatry, Vocational Rehabilitation, Life Care Planning, and Physical Medicine and Rehabilitation for complex brain injury cases. Let us handle your brain injury case.

Need to discuss your case with a Dallas TBI attorney? Call (844) 297-8898. We have handled ample amounts of personal injury cases.

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