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Navigating Brain Injuries in Personal Injury Cases

navigating brain injuries in personal injury cases

Brain injuries are among the scariest, most severe, and potentially life-altering injuries one can experience. Due to their complexity and the profound impact they can have on a person’s life, understanding the common causes, symptoms, treatment options, and the critical role of legal representation is essential for anyone affected.

According to the Centers for Disease Control, traumatic brain injuries (TBIs) are a major cause of death in the Unites States. There were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021. This represents more than 586 TBI-related hospitalizations and 190 TBI-related deaths per day.

  • People age 75 years and older had the highest numbers and rates of TBI-related hospitalizations and deaths. This age group accounts for about 32% of TBI-related hospitalizations and 28% of TBI-related deaths.
  • Males were nearly two times more likely to be hospitalized (79.9 age-adjusted rate versus 43.7) and three times more likely to die from a TBI than females (28.3 versus 8.4).

Common causes of brain injuries

Some of the most common causes of TBIs include:


  • Vehicle Accidents: Collisions involving cars, motorcycles, bicycles, and pedestrians can lead to traumatic brain injuries (TBIs) due to the force of impact.
  • Falls: Slips, trips, and falls, especially in older adults and young children, are significant contributors to brain injuries.
  • Violence: Assaults and other forms of violence can result in head traumas.
  • Workplace Accidents: Construction sites and industrial settings are prone to accidents causing head injuries.

Symptoms of traumatic brain injuries

Traumatic brain injury usually results from a violent blow or jolt to the head or body. An object that goes through brain tissue, such as a bullet or shattered piece of skull, also can cause traumatic brain injury.

Mild traumatic brain injury may affect your brain cells temporarily. More-serious traumatic brain injury can result in bruising, torn tissues, bleeding and other physical damage to the brain. These injuries can result in long-term complications or death. The signs and symptoms of mild traumatic brain injury may include:


  • Headache
  • Nausea or vomiting
  • Fatigue or drowsiness
  • Problems with speech
  • Dizziness or loss of balance
  • Sensory problems, such as blurred vision, ringing in the ears, a bad taste in the mouth or changes in the ability to smell
  • Sensitivity to light or sound
  • Mood swings

Moderate to severe traumatic brain injuries can include any of the signs and symptoms of mild injury, as well as these symptoms that may appear within the first hours to days after a head injury:


  • Loss of consciousness from several minutes to hours
  • Persistent headache or headache that worsens
  • Repeated vomiting or nausea
  • Convulsions or seizures
  • Dilation of one or both pupils of the eyes
  • Clear fluids draining from the nose or ears
  • Inability to awaken from sleep
  • Weakness or numbness in fingers and toes
  • Loss of coordination

Treatment options

Treatment for brain injuries

Treatment for brain injuries depends on the severity and may involve:


  • Immediate Medical Care: To assess and stabilize the patient.
  • Rehabilitation: Physical therapy, occupational therapy, speech therapy, and psychological support to aid recovery.
  • Medication: To manage symptoms such as pain, seizures, or mood disorders.

The importance of legal representation

Navigating a personal injury case involving a brain injury can be particularly challenging for the following reasons:


  • Complexity of the Case: Proving the extent of a brain injury and its impact on one’s life requires specialized knowledge.
  • Financial Strain: Treatment and rehabilitation for brain injuries can be costly, and brain injury victims often lose time from work.
  • Insurance Challenges: Dealing with insurance companies can be daunting, as they often seek to minimize compensation. Further, brain injuries are often treated skeptically by insurance companies.

An experienced personal injury lawyer can provide invaluable support by:


  • Gathering Evidence: Including medical records, witness statements, and expert witnesses to build a strong case.
  • Telling your Story: A good brain injury lawyer will not only talk to your doctors and expert witnesses, but also the people in your life who can talk about how your life was changed.
  • Being Part of Your Support System: A lawyer should see themselves as part of your support system, with your doctors and family members.
  • Negotiating with Insurance Companies: To ensure fair compensation that covers medical expenses, rehabilitation costs, lost wages, and pain and suffering.
  • Representing You in Court: If a settlement cannot be reached, a skilled lawyer can advocate on your behalf in court.


Brain injuries can have long standing effects. They affect not only the injured person, but also their families and loved ones.


While navigating the aftermath of such an injury can be overwhelming, understanding its causes, symptoms, and treatment options, coupled with securing competent legal representation, can significantly affect the outcome of a personal injury case. A knowledgeable brain injury lawyer can help secure the compensation needed to support the long and often difficult road to recovery, ensuring that you or your loved one can focus on what’s most important: healing!


For anyone facing the challenges of a brain injury, remember that you are not alone. An experienced brain injury lawyer is ready to support you through every step of the process, advocating for your rights and ensuring that you receive the care and compensation you deserve.


If you or a loved one has experienced a brain injury due to trauma, contact us for a free consultation.

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