Catastrophic Injury Representation

Catastrophic Brain Injury Representation

Although catastrophic brain injuries are not one of the most common injuries, the consequences can be more deadly, and longer-lasting. Catastrophic brain injuries are also called Traumatic Brain Injuries (TBI) within the medical community.

While some can be less severe than others, the occurrence of these injuries and compensation should be explored as soon as a head injury occurs, even if no symptoms appear immediately.

According to the US NIH (National Institute of Health), traumatic brain injury symptoms can be apparent immediately or take years to appear. In addition, even full recovery from the initial injury can lead to health problems as age exacerbates conditions such as anti-social behaviors, aggression, and other social and physical impairments. 

The NIH has found that Traumatic Brain Injury (TBI) can bring on other diseases, such as Parkinson’s Disease and Alzheimer’s, as the years go by after the injury. (1) Age indeed plays a part in increasing the chances of other maladies after a TBI or catastrophic brain injury.  

Pursuing TBI Claims 

Although not as common as other types of negligence claims that are recoverable, there is a methodology in place. Given the Statute of Limitations that exists in Pennsylvania, the filing for the current and possible ongoing issues should be done as soon as possible by an attorney well-versed in negligence monetary recoveries. 

According to the CDC, the estimated number of individuals living with disabilities due to a previous Traumatic Brain Injury is staggering. The incidences of TBI nationally each year are approximately 288,000 hospitalizations—double the number for spinal cord injuries. (2) 

Grappling with the immediate physical concerns, such as possible loss of consciousness, or concussion, must be balanced by an attorney well-versed in the possible impairments that might be faced later in life. 

Even more shocking is the mortality rate for TBI, with 30 out of 100,000 injured victims dying as a result. These statistics are also according to the CDC (Centers for Disease Control) and the NIH (National Institute of Health). This type of injury can indeed be “catastrophic” and result in death. 

Catastrophic Brain Injury Data

  1. Death from TBI is higher among male teenagers and young male adults. This can be on the part of the plaintiff or an outside force. 
  2. Suicides, falls, and motor vehicle crashes account for the most immediate TBI deaths. 
  3. The second most vulnerable population is the elderly, with those over 75 years of age being most at risk of TBI leading to increased death. The same circumstances surround the death rate—suicides, falls, and motor vehicle crashes. Factoring in nursing home neglect can also fall into this category. 
  4. Many TBI injuries occur during sports-related activities that cause bodily contact with others or increase the chances of any contact with the head by a blunt object.
  5. While crimes against others do account for TBI, this is not a primary cause of this type of injury, although lack of security on a college campus or parking lot might be a contributing factor. 

Prevention and Fiduciary Duty for TBI 

Many of these injuries can be prevented by simply wearing appropriate headgear such as helmets, etc. There is a fiduciary duty for all sports teams to ensure the safety of players as much as possible. While not all accidents are preventable, there do need to be as many safety measures in place as possible. 

In the case of the elderly, if a fall occurs inside a rental unit, shop, store, or on a sidewalk, a good attorney will look into the fiduciary duty that the owners of such establishments had in place as a policy to ensure safety. 

No safety can be 100 percent secured, but realistic measures must be in place. Regulations do exist for establishments on the local, state, and federal levels. Falls within nursing homes and other long-term care facilities must be explored immediately.

Even when an individual who has suffered a head injury seems fine, there can be hematomas, abrasions, and other disorders inside the brain and its blood vessels. Even when seemingly well, most hospitals will admit any individual who suffered a head injury for monitoring for at least a day or so. 

Conclusion On TBI Representation

TBI/Catastrophic Brain Injury is generally the result of an action or inaction on someone’s part, just as in all negligence cases, whether an organization or even an act of nature. Not all damages are recoverable but speaking to an attorney well-versed in all aspects of liabilities, especially premises liability, should be contacted immediately. 

Since extensive damages can result upon sustaining the injury years or decades later, only an attorney like Christian J. Hoey, Esq., should be contacted. With decades of fearless courtroom and tort experience, Attorney Hoey and his team will ensure that all measures are taken to get the most compensation for each client, now and in the foreseeable future. 

TBI is indeed traumatic, physically and mentally. Being proactive instead of reactive will ensure better results in this type of possible negligence by any entity. With a team of “human factors experts” onboard, no injury, even Catastrophic Brain Injury, is too complex for Christian J. Hoey, Esq. of Paoli, PA. 

For more information on all our legal services, visit us at or call us at (610) 647-5151.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.


The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.


At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.


Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.


Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer


Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.


Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

Skip to content