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 HoeyLegal.com or call us at (610) 647-5151.