Traumatic Brain Injury

Traumatic Brain Injury or "TBI" occurs when the brain is subjected to a sudden trauma or injury. It can be caused by an object striking the head or penetrating the brain, or any other situation causing the brain to violently collide with the skull. The victim may or may not lose consciousness, and the injury may be mild, moderate or severe.

Symptoms of TBI may include headache, dizziness, confusion, lightheadedness, forgetfulness, loss of balance, blurred vision, and lethargy.  TBI may cause a loss of memory, personality changes, a loss of attention, an inability to focus, distractability, behavioral changes, depression, mood swings, and an inability to think properly. TBI may also result in physical problems such as seizures, loss of vision, lack of coordination, and coma.

A lawyer representing a TBI victim faces special challenges because: 1) the cause of the injury may not be readily apparent; 2) TBI can result from an apparently mild impact or collision; and 3) the effects of the injury may be subtle. For example, a passenger in a car can suffer a common whiplash type of injury when struck from behind. While neck problems could be expected in this situation, it is less well known that the passenger could also suffer a TBI as a result of the brain crashing against the inside of the skull as the head is whipped back and forth.  These injuries can occur even if there is no significant damage to the vehicle.

The signs and symptoms of the TBI may be so subtle that they are only noticed by the victims spouse or children. They may report that the victim "doesn't seem himself", that he's forgetful quick to anger - qualities he did not display before the collision.

Given the nature of the collision, the defendant's insurance company will usually downplay these claims and view the case as a simple "soft tissue" case.  They may even offer to pay little or nothing to the victim.  The attorney's challenge is to use all available resources to prove that: 1) TBI can occur even in crashes involving minimal damage to the automobiles; and 2) The manifestations of TBI, while often subtle, are real and significant. To establish these propositions, the attorneys may decide to engage biomechanical and neuropsychological experts to convice the defendant's insurer or a jury that the injuries and genuine, significant, and life-altering..

T&R has experience in handling TBI cases. If you believe you or a loved one has suffered a TBI, contact us online or call Theodoros & Rooth at (219) 769-6393, to talk to a lawyer about your potential case today.