What Actually Constitutes a Traumatic Brain Injury?
In the narrowest sense, a traumatic brain injury (TBI) is a traumatic insult or injury to the brain that is not degenerative or congenital in nature. It’s usually caused by force or trauma to the head and may produce a diminished altered state of consciousness, impairment of cognitive functions, or impairment of motor skills.
What Types Of Accidents Result In Traumatic Brain Injury?
Common traumatic brain injury cases are premises liability claims, which could include slip and fall cases, falling from a ladder, and other events of that nature. TBIs are most commonly caused by victims striking their heads on airbags, windows, or steering wheels during auto accidents.
What Are The Short-Term And Long-Term Effects Of Traumatic Brain Injuries?
Short-term effects of a TBI include loss of consciousness, impaired cognitive abilities, impaired ability to reason, amnesia, paresthesia, and other physical impairments, such as a disruption in the motor function of the legs, feet, fingers, etc. Short-term effects resolve over time-usually within the span of 18-24 months.
The long- term effects are more or less extensions of anything that occurs acutely in the initial injury phase. Anything that does not resolve (usually in the timeframe of 18-24 months) is considered a long-term effect. In the worst-case scenario, a person will suffer from brain death. So, a brain injury is a pretty serious type of injury.
What Factors Constitute A Viable Traumatic Brain Injury Claim?
Generally speaking, two components are needed in order to make a viable personal injury TBI case: causation and damages. So first you need to establish that the TBI occurred as the result of the actions of a third party. From there, you can work forward into what kind of damages you have. In TBI cases, there is both a differential diagnosis and a definitive diagnosis. The differential diagnosis of a brain injury is the diagnosis that a physician believes to be the case based upon the person’s symptoms. A definitive diagnosis, on the other hand, is acquired through objective means, such as an MRI or an EEG that can physically identify specific areas of the brain that are not functioning properly. The really solid cases are the ones in which there is a definitive diagnosis and a very specific definition of the injury that has been sustained. In addition, very clear liability on the third party is important for a viable TBI case.
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