Traumatic Brain Injury Lawsuit: How an Attorney Can Help

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A traumatic brain injury (TBI) is devastating because it permanently alters your life and affects the wellbeing of your family. Like a stroke or another trauma, a TBI can cause permanent brain damage. You may have to relearn how to perform basic life functions such as walking, talking, reading, feeding yourself, using the restroom, putting on your clothes and driving a car. These functions of being an independent adult can take time to regain following an injury.

TBIs do not always show up as clear symptoms. Even though a list of symptoms is provided below, the damage is not always obvious. A person who has been hit in the head may have nausea and cannot tolerate bright light. They may endure major mood swings yet show no other signs or symptoms.

This is one of the main reasons why TBI symptoms can be so difficult to depict. These injuries may not be as serious as those produced by acute head trauma, yet they may still be disabling.

If you or a loved one has suffered a TBI, you may be eligible to recover damages. A Duque Law attorney can help.

What is a Traumatic Brain Injury?

Traumatic Brain Injury (TBI) refers to brain damage that is caused by physical trauma. TBI can occur when there is a blow to the head or violent shaking (resulting in a closed brain injury) or when something penetrates the head and damages the brain tissue (causing an open head injury).

There are a number of causes of brain injury, including car and motorcycle accidents, slips and falls, sports injuries, and assault. Brain injuries resulting from near-drowning, strokes, aneurisms and seizures can also occur when a victim experiences air deprivation or certain medical conditions. These are called Acquired Brain Injuries (ABIs). The effects of an ABI are similar to or the same as those of TBIs, but the cause is internal, as opposed to an external force to the head.


Traumatic brain injury severity is commonly described as mild, moderate, or severe. Injury severity is traditionally based on duration of loss of consciousness and/or coma rating scale or score, post-traumatic amnesia (PTA), and brain imaging results. Mild, moderate, and severe TBI may be characterized as follows:

  • Mild TBI
    • Brief loss of consciousness, usually a few seconds or minutes
    • PTA for less than 1 hour of the TBI
    • Normal brain imaging results
  • Moderate TBI
    • Loss of consciousness for 1 – 24 hours
    • PTA for 1 – 24 hours of the TBI
    • Abnormal brain imaging results
  • Severe TBI
    • Loss of consciousness or coma for more than 24 hours
    • PTA for more than 24 hours of the TBI
    • Abnormal brain imaging results



Traumatic brain injury can have wide-ranging physical and psychological effects. Some signs or symptoms may appear immediately after the traumatic event, while others may appear days or weeks later. A concussion is the mildest type. It can cause a headache or neck pain, nausea, ringing in the ears, dizziness, and tiredness.

Mild TBI

  • Cognitive-Communicative
    • Decreased attention and concentration
    • Decreased speed of processing
    • Memory problems
    • Getting lost or confused
    • Decreased awareness and insight regarding difficulties
  • Psychosocial/Emotional
    • Irritability
    • Depression and anxiety
    • Emotional mood swings
  • Physical
    • Headache
    • Fatigue
    • Sleep disturbance
    • Visual disturbance
    • Dizziness
    • Nausea
    • Balance problems


Moderate and Severe TBI

  • Cognitive-Communicative
    • Decreased attention and concentration
    • Distractibility
    • Memory problems
    • Decreased speed of processing
    • Increased confusion
    • Perseveration
    • Impulsiveness
    • Decreased interaction skills
    • Decreased executive function abilities (for example, planning, organization, problem solving)
    • Decreased awareness of, and insight regarding, difficulties
  • Psychosocial/Emotional
    • Dependent behaviors
    • Apathy
    • Decreased lack of motivation
    • Irritability
    • Acting out
    • Depression
    • Denial of difficulties
    • Physical
      • Difficulty speaking and being understood
      • Physical paralysis/weakness/spasticity
      • Difficulties with sense of touch, temperature, movement, position
      • Chronic pain
      • Decreased bowel and bladder control
      • Sleep disorders
      • Loss of stamina
      • Appetite changes
      • Partial or total loss of vision
      • Weakness of eye muscles and/or double vision (diplopia)
      • Blurred vision
      • Problems judging distance
      • Involuntary eye movements (nystagmus)
      • Intolerance of light (photophobia)
      • Decreased or loss of hearing
      • Ringing in the ears (tinnitus)
      • Increased sensitivity to sounds
      • Loss or diminished sense of smell (anosmia)
      • Loss or reduced sense of taste


      Gathering Evidence

      When you launch a personal injury action, the onus is on the victim to prove that another person or persons acted negligently and that their involvement in the accident has caused you to suffer damages.  If you have been involved in an accident and intend to pursue a personal injury claim, it is crucial that you begin gathering the evidence that will be needed to support the claim as soon as possible.

      While each claim is unique, typical evidence gathering for a personal injury case will include the following:


      Photos of anything related to the accident can be valuable in establishing liability for the incident and the severity of the impact involved in a collision.  Use your cellphone or camera to take photos of the vehicles or equipment at the accident scene, any property damage, including damage to your personal property, photos of the location or road where the accident occurred, and photos of the injuries you sustained.



      The observations of independent witnesses to a collision can be crucial in establishing liability in situations where there are conflicting versions of events between the involved parties.  Witnesses can give an unbiased description of how the accident occurred and the condition of the parties in the immediate aftermath of a collision or other injury event.



      Physical evidence can tell part of the story of the accident, such as who was at fault. Physical evidence can include many different items depending on your case – it is usually something tangible, something that you can see or touch. Some examples of physical evidence might be a dent in a car, a damaged bicycle, skid or gouge marks on the pavement, or torn clothing worn at the time of the accident.  Keep in mind that physical evidence should be documented and preserved as soon as possible after an accident and before it is


      Proving Fault for the Injury

      Traumatic Brain Injuries are easily some of the most distressing injuries that an individual can suffer. They often result in life-altering symptoms that cannot be eliminated; what this means for those suffering is that they have to learn to adjust their lives to the new reality of the brain injury rather than wait for it to heal to continue on. It also means that medical bills for treating such an injury can grow astronomically large.

      If you have suffered from a traumatic brain injury then you are likely wondering what can be done about it. Obviously, the medical side of the question should be left to your doctors. But as attorneys, Duque Law Group can offer you a legal means to seek compensation for what you suffered. However, it does require fault for the accident to rest on another individual.


      Determining Damages

      Suffering a traumatic brain injury usually leads to a variety of losses. A lawyer can assess your case to determine the damages you qualify for. They can be economic or non-economic damages.

      Economic damages entail medical costs, lost wages, and property loss. Medical costs include expenses like surgery, medication, and rehabilitation. Non-economic damages include the following:

      • Permanent disability
      • Pain and suffering
      • Loss of enjoyment of life
      • Emotional distress
      • Reduced quality of life


      Have You Suffered A Traumatic Brain Injury (TBI)?

      Cases involving traumatic brain injury are very complex and involve a multitude of legal and medical issues. Even the medical profession continues to consider the inner workings of the brain something of a mystery. Often, personal injury litigation law firms lack the resources and technical experience to take on a traumatic brain injury case.

      Despite traumatic brain injury prevention, if you or a loved one has suffered a brain injury due to somebody’s negligence, a lawsuit can be filed against the responsible party. An experienced brain injury attorney will ensure you receive adequate compensation for your losses.

      If you or a loved one has suffered a brain injury and have questions about seeking legal action, call us now at 1-877-241-9554 to learn more about your options. A free consultation is just a phone call away.

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