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(314) 500-HURTBrain injuries are always a concern when you are involved in a fall, collision or if an unstable piece of equipment
strikes you in the head. You should always be examined for a brain injury if you are involved in a serious accident.
Many people don’t know that the symptoms of a brain injury may take time to develop. You may be involved in a car
accident in which you sustain a whiplash injury and only start to notice the resulting cognitive impairment once you
return to normal activities. It is important for your long term health and recovery to be examined by a medical
professional as soon as your symptoms begin to surface. Your quick action is also an important factor for your personal
injury claim.
Types of Brain Injuries
Diffuse axonal injuries occur when the brain moves back and forth in the skull as a result of acceleration or
deceleration. Many concussions are considered to be mild to moderate diffuse axonal injuries. The axons in the brain,
responsible for sending messages between neurons, are severed when brain tissue slides over brain tissue. Unlike a blunt
force injury, this injury is considered diffuse because it affects the entire brain. Many people who experience a
diffuse axonal injury experience swelling in their brain. Most people survive a mild to moderate form of this injury,
but very few people survive severe diffuse axonal injuries without permanent impairment. This type of injury is best
diagnosed with an MRI.
Focal brain injuries occur when someone experiences a severe blow to the head. Focal brain injuries can be open or
closed and can involve something, a piece of the skull or penetrating object, piercing the brain. These injuries are
referred to as focal because they only affect a specific area of brain tissue. Focal brain injuries often result in
contusions and hematomas. A contusion occurs when brain tissue is damaged. A hematoma occurs when there is bleeding
present in the skull. The symptoms of a focal brain injury vary depending on the location of the damage to the brain.
This type of injury can be easily diagnosed with a CT scan.
Facts about Brain Injuries
Nearly 2.4 million people suffer from a traumatic brain injury in the United States every year. Brain injuries are
attributed to falls (40.5%), motor vehicle accidents (14.3%), object interference (15.5%) and violence (10.7%).
Fortunately, it is believed that 75 percent of traumatic brain injuries treated in emergency rooms are reported as mild
in severity.
Working with a Lawyer
If another person, business or landowner is responsible for your brain injury, the liable party can be held legally
responsible for the damages you sustained in the accident. Considering that recovering from a brain injury can be a long
process and affect many areas of your life, it is important that you work with a personal injury attorney who has
extensive experience representing brain injury victims because they can help you determine the true value of your
economic and non-economic damages. This is especially important if you are diagnosed with permanent brain damage.
Speak with a brain injury attorney about the following compensable damages:
•Medical Bills and Expenses: You can seek compensation for any past and future medical bills arising from the accident.
Because traumatic brain injuries can have long lasting and even permanent consequences, it is important that your
attorney has an established network of medical experts that can accurately determine the cost of future medical care.
Your attorney must be able to prove the value of your future medical in court.
•Wage Loss: You can seek compensation for any lost income resulting from the accident. Since even the mildest of brain
injuries can result in permanent deficits, of which are especially noticeable in people with jobs that require intense
focus, it is important that your attorney evaluate any expected future reduction in your earning capacity as a worker.
This requires an attorney to have an established network of economists and occupational therapists to help determine
that value of your diminished earning capacity.
•Pain and Suffering: You can seek compensation for the undue pain and inconvenience of your injury. Since traumatic
brain injuries can have physical, intellectual, behavioral, social and emotional consequences, is important that your
attorney fiercely fight for your pain and suffering damages.
•Loss of Consortium: In cases involving severe traumatic brain injuries, loss of consortium damages may be pursued if
your spouse or children are deprived of the normal and loving companionship that they became accustomed to prior to the
accident.
•Disfigurement: Many traumatic brain injuries result in highly visible scars. In order to determine the value of your
disfigurement, your attorney may arrange to send you to a plastic surgeon to obtain a professional opinion on the true
cost of having the scar reduced as much as possible.
•Disability: It is not uncommon for traumatic brain injury victims to seek compensation for permanent disability. Your
attorney will arrange for you to be evaluated by the appropriate medical and occupational professionals to support your
claim for disability compensation.
Choose your personal injury lawyer wisely. You only have one chance to receive compensation from the liable party. It is
important that your attorney has the experience, resources and network of experts necessary to accurately value your
brain injury case. This is important because due to the long-lasting nature of brain injuries, if you settle your case
and have medical issues that arise in the future, you cannot go back to the liable party and recover more money. You
have to get the value right the first time.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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