TBI Definition

April 2, 2024 | By Nicoletti Accident Injury Lawyers
TBI Definition

A traumatic brain injury (TBI) is a brain injury caused by a bump, jolt, or blow to the head or body or an object penetrating the skull.

If you suffered a TBI because of someone else’s actions or failure to protect you, allow a brain injury lawyer to seek compensation for your medical care, pain and suffering, and other damages.

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Types of Traumatic Brain Injuries

When your brain suffers injury, it may qualify as a TBI. To understand and receive appropriate treatment for a TBI, it is necessary to know exactly what kind of brain injury you have suffered.

Types of traumatic brain injury include:

  • Concussions: A concussion results when the brain moves abnormally or strikes the inside of one’s skull. This can result from the rapid movement of the head or neck, a blow to the head, or both. Imaging will not reveal these injuries, so you must get a comprehensive medical evaluation.
  • Contusions: A contusion is a brain bruise. These bruises can happen when your brain bumps against your skull. Do not let the term “brain bruise” mislead you, as these injuries can kill you.
  • Extra-axial hematomas: A hematoma is life-threatening bleeding in the brain. Even when treated to save the victim’s life, the effects of a hematoma can cause lifelong disabilities.
  • Diffuse axonal injuries (DAIs): This class of injury generally involves the abnormal stretching or twisting of neuron pathways in the brain. These injuries may cause severe neurological problems and other significant symptoms. 
  • Subarachnoid hemorrhages: This can result in the buildup of blood in the brain cavity. This may result in life-threatening pressure and disabling health problems.

Whether you suffered one of these or another type of brain injury, a doctor will explain in layman’s terms what the injury means. They will also provide a clear treatment plan that allows you to recover from your TBI to the greatest potential extent.

Symptoms of Traumatic Brain Injuries

The specific nature of your brain injury and the severity of the injury will primarily determine the kind of symptoms you experience.

Many symptoms associated with brain injuries can prevent you from performing the most essential tasks, and these symptoms include:

TBI Definition
  • Headaches
  • Memory and concentration problems
  • Sensitivity to light, sound, and other sensations
  • Changes in mood and personality
  • Problems with judgment
  • Difficulty planning and organizing
  • Speech and writing problems
  • Anxiety, depression, and irritability

Brain injuries may also cause permanent brain damage and contribute to coordination problems and other physical ailments. Your doctor will complete a thorough investigation and explain the effects of your injury.

Common Ways for TBIs to Occur

Traumatic brain injuries often happen under preventable circumstances.

These circumstances can lead brain injury victims to file insurance claims and lawsuits, and they include:

  • Car accidents
  • Pedestrian accidents
  • Truck accidents
  • Bus accidents
  • Rideshare accidents
  • Medical malpractice events
  • Slip and falls
  • Trip and falls
  • Physical assaults allowed by negligent security
  • Workplace accidents

There are countless other circumstances in which brain injuries can occur. If you or a loved one suffered a TBI and believe someone else is responsible for causing your health problem, you should consider hiring a personal injury lawyer to pursue the compensation you deserve.

What to Do After Suffering a TBI

You must put your health first after suffering a TBI, which means:

  • Seeing a doctor who specializes in brain injuries
  • Requesting any CT scan or other imaging services that may reveal your injury
  • Asking for a detailed recovery plan from your doctor
  • Following your doctor’s orders, which will likely include a healthy dose of rest

You should keep documentation of all medical care. You should also keep direct documentation of your injury, including copies of medical images and a doctor’s written description of the injury.

Hire a Personal Injury Lawyer as Soon as Possible

Hiring a lawyer must be another priority after suffering a brain injury. Your lawyer can gather evidence of negligence and attend to other time-sensitive obligations.

You may also hire your personal injury lawyer as soon as possible because:

  • Brain injury cases generally have filing deadlines: Personal injury and wrongful death lawsuits typically have strict filing deadlines. Your lawyer will need to file your case before such deadlines expire, which means you must hire your attorney as soon as possible.
  • Your lawyer needs to document your injury: Your lawyer will immediately begin documenting your injury and related medical treatment. They need to see your injury in its original form and as it progresses over time, which is another reason to hire your lawyer quickly.
  • Your lawyer must obtain evidence of negligence as soon as possible: Evidence related to your case may be time-sensitive. When you hire your lawyer as soon as possible after suffering the injury, you enable them to gather all evidence that can benefit your case.
  • Your lawyer needs to protect you: Your attorney will shield you from insurance companies, at-fault parties, and anyone else who may attempt to undermine your case. You may be exposed to bad-faith tactics without a lawyer on your side.

Brain injury lawyers generally use contingency fees, which allow you to hire your lawyer right now. This fee arrangement also means the law firm will cover all case-related costs upfront, so the client pays no out-of-pocket fees or expenses. In other words, you can hire your lawyer without spending a dollar of your own money.

How Attorneys Seek Compensation for TBI Victims

Your lawyer will build a case to secure the compensation you are entitled to. Critical steps in building that case will include:

Overseeing the Daily Responsibilities of Your Case

Attorneys oversee the administrative duties that come with a TBI case, which include:

  • Drafting and filing case-related paperwork
  • Keeping track of case-related deadlines
  • Communicating with insurers, courts, civil defense lawyers, and anyone else involved in a case
  • Developing and updating case strategy as necessary

Your lawyer will also issue frequent updates so you always know where your case stands. This active communication may provide peace of mind without violating your need to recover in peace.

Detailing the Harm Resulting from the TBI

Your attorney will obtain all available documentation of damages resulting from the TBI.

This documentation may include:

  • CT scans and other medical images showing the injury
  • Photographs of any visible injuries (such as bruising on your head)
  • Doctors’ diagnoses of the TBI 
  • Medical bills
  • Expert testimony stating you can’t work because of the TBI
  • Past income statements to prove how much income you have lost

Attorneys build the strongest cases possible, and this means obtaining all available documentation of your injury-related damages.

Securing Evidence of Negligence

Your lawyer will need to prove who is at fault for causing your brain injury. They will collect any eyewitness accounts, videos of an event that caused your injury, expert testimony, and other types of evidence that benefit your case.

Calculating the Total Cost of the TBI

Your lawyer must know the cost of your injury-related damages before they negotiate a settlement.

Your attorney will compose a case value that reflects:

  • Economic damages
  • Non-economic damages
  • Any future damages you will suffer because of your TBI

Attorneys are uniquely positioned to calculate the cost of serious injuries. Your lawyer should have a firm grasp of mathematical algorithms regularly used to calculate current and future damages, including non-economic harm like pain and suffering.

Negotiating a Financial Settlement

You may have no negotiation experience. This can make having a lawyer representing you even more important.

Your attorney will:

  • Identify those liable for your injury-related damages
  • Prepare all evidence of negligence and documentation of your damages
  • Arrange settlement negotiations
  • Present evidence, documentation, and settlement calculations to liable parties
  • Request the settlement you are entitled to

Liable parties must decide if they will pay the compensation you deserve. If liable parties refuse to accept your lawyer’s settlement demands, your attorney will consider further legal action.

Going to Trial, if Necessary

If your lawyer completes settlement negotiations without receiving the offer you deserve, they will speak with you about a possible trial. Going to court can lead to a substantial financial recovery, but there are several considerations to weigh before going to trial.

If you and your lawyer decide to go to court, trust your attorney to lead the way.

Recoverable Damages in Traumatic Brain Injury Cases

Brain injuries can be debilitating injuries with symptoms that refuse to go away. This can cause substantial damages, which may include:

Medical Costs

Those with a brain injury may need:

  • An ambulance ride
  • Emergency medical services
  • Surgery
  • One or more nights of hospitalization
  • Medications 
  • Several doctors visits
  • Medical imaging 
  • Other medical services

Medical bills can have a shocking effect on someone, as they can quickly mount and be potentially bankrupting. Your attorney will keep track of your medical expenses and demand that liable parties cover these expenses.

Pain and Suffering

Brain injuries can directly cause symptoms that qualify as pain and suffering, including:

  • Depression
  • Anxiety
  • Adverse mood changes
  • Personality changes
  • Light sensitivity 
  • Sleep problems

The effects of being injured can also contribute to your pain and suffering. Your quality of life may suffer significantly because of your injury. Your lawyer will demand fair compensation for such non-economic harm.

Mental Health Treatment Costs

If you need therapy, meds, or any other treatment for your pain and suffering, your lawyer will seek fair compensation from liable parties.

Should you suffer persistent symptoms that qualify as pain and suffering, you may need a large financial recovery for treatment. Your lawyer might work with mental health experts to ensure they’re pursuing the money you need.

Professional Damages

When clients hire a lawyer because of a brain injury, those clients are often unable to work because of their symptoms.

Your attorney will value all professional damages linked to your TBI, which may include:

  • Lost income
  • Lost earning power
  • Lost opportunities for promotions, performance bonuses, and overtime pay
  • Lost benefits

Everyone’s career circumstances are unique. Your lawyer will speak with you, consult experts, and review employment records as they value your professional damages.

Harm Caused by a Disability

When a brain injury is disabling, the victim may need:

  • Permanent replacement of lost income
  • Long-term rehabilitation
  • Lifelong mental health treatment
  • Assistance in completing day-to-day tasks

Your attorney will account for the full cost of your TBI.

Reasons to Hire Your Lawyer as Soon as Possible

Once you decide that a lawyer can help with your TBI case, do not wait to hire your attorney.

Some reasons to locate your lawyer as soon as possible are:

  • Case-related deadlines: Both insurance claims and lawsuits typically involve deadlines. You face a statute of limitations when filing a suit related to your TBI. Your lawyer will know and honor these deadlines, keeping your case eligible.
  • Pressure you currently face: You may soon face pressure from liable parties to accept a lowball settlement if you haven’t faced such pressure already. Your lawyer will protect you from liable parties, ensuring that you don’t do anything you might later regret (like accepting less compensation than you deserve).
  • Time-sensitive evidence: Your lawyer must obtain evidence and documentation that may not be available much longer. Find and hire your lawyer so they can build your case today.

A brain injury lawyer’s contingency fee arrangement means there is no barrier to hiring an attorney. Simply look online for qualified lawyers serving your area, complete free consultations, and fire the firm you are most comfortable with.

Hire Your Traumatic Brain Injury Attorney Today

If you miss the deadline for filing your TBI case, you may miss your sole opportunity to pursue the compensation you deserve. Don’t put your lawyer behind schedule.

Nicolette Nicoletti, Car Accident Attorney near Port Richey, FL area
Nicolette Nicoletti, Car Accident Lawyer in Port Richey

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