Traumatic Brain Injury:
Who's at Fault? What's the Cost?

Personal Injury Lawsuits

What is traumatic brain injury (TBI)?

A traumatic brain injury may be caused by a sudden, violent blow, or jolt to the head.

Brain injuries vary depending on the part of the brain affected and the kind of damage caused. Fortunately, not all blows or jolts to the head cause traumatic brain injury. A serious brain injury can cause an extended period of unconsciousness, amnesia, or worse - death.

According to the Centers for Disease & Control (CDC), the leading causes of TBI are:

• Falls (slip-and-fall, nursing home neglect, skiing)-Falls affect children up to 4 years old (from abuse), 15 to 19 year old males, and adults over 75-years old
• Motor vehicle and traffic crashes (car, bus, truck, motorcycle, bicycle) sometimes causes by using alcohol or drugs
• Struck by/against events (like sport and recreation accidents, shaken baby syndrome, impact on roller coaster)
• Assaults (gun shot wounds)
• Blasts are a leading cause of TBI for active duty military personnel in war zones

Boys are 1.5 times more likely to suffer from a traumatic brain injury than girls.

In 2007, at least 1.4 million people sustained a TBI. Of these, about 50,000 died, 235,000 were hospitalized, and 1.1 million were treated and released from an ER with minor to mild head injuries.

If a member of your family has suffered a traumatic brain injury, do not delay in finding out what your legal rights are.

What long-term problems does TBI cause?

Traumatic brain injury problems are staggering for the injured person and the people who try to care of him. Progress is often slow which frustrates caregivers and the injured person. People with TBI will have problems with memory, returning to work or retraining for another job, overall learning and retention, motor skills, behavior, handling emotions, and controlling their temper. Caregivers/family members, unless experienced with rehabilitation, will be overwhelmed with responsibilities and the disruption of their own lives.

Who will my lawyer fault for traumatic brain injury?

It depends on the circumstances, the intent, and the level of neglect. Even if you are partially at fault, you may still be entitled to recover a portion of your damages. Under Ohio's law of comparative fault, if more than one person causes an accident, the fault is shared by the parties.

Falls can be caused water on slippery floor in a bank or storethat went un-mopped or unrestricted. A child gets whacked in the head with a baseball bat. Was he wearing a helmet? Was there an altercation or grudge? Was the coach responsive to past conflict or safety measures? A nursing home resident falls out of the bed. Is the equipment faulty? A high school football player faints during practice and is rushed to the hospital with a brain injury. Does he have an unknown health problem or did the coach push him beyond the limit and deny hydration? Motor vehicle accidents are caused by stupid bravado, not obeying the rules of the road, bad judgment, alcohol, faulty tires, recalls, and numerous other reasons. A famous actress recently died from a fall sustained during a beginner ski lesson. She wasn't wearing a helmet. Who's at fault? A day at the amusement park turns grizzly when a child has her head slammed against the roller coaster bar. Your teenager is playing at a neighbor's house when he is accidentally shot in the head with your neighbor's gun which wasn't locked up. Or your wife walks into the bank during a holdup...

What does traumatic brain injury cost society?

The costs are staggering, over $60 billion in medical costs and lost productivity, not to mention the emotional toll which cannot be addressed monetarily.

What will a traumatic brain injury lawsuit cost me and my family?

You will have no out-of-pocket expense for a TBI lawsuit. The Ohio law firm of Clark, Perdue & List Co, LPA and the Pennsylvania law firm Anapol Schwartz work on a contingency-fee basis which means if you don't win your traumatic brain injury lawsuit, your law firm is not compensated. That is why you would want to sign a contractual agreement with a traumatic brain injury law firm that has experience with these kinds of cases and settlements.

If a member of your family has suffered a traumatic brain injury, do not delay in finding out what your legal rights are. You are probably overwhelmed with care-giving responsibilities but don't delay because you don't want the statute of limitations to expire and lose your opportunity to file a lawsuit.

While they get to know you and ask questions about the traumatic brain injury, be sure to ask about the law firm's past track record and settlements received. Find a law firm that demonstrates success.

What does the TBI settlement compensation cover?

The potential compensation may cover mounting medical bills resulting from screening, diagnosis, tests, treatments, and rehabilitation. Compensation may also include illness, pain and suffering you have experienced as well as the mental anguish and grief suffered by you and your family. Compensation may include payment to caregivers and financial security for your family if the breadwinner has lost the ability to earn an income.