Bronx Traumatic Brain Injury Lawyer
Traumatic brain injury (TBI) is a significant cause of death and catastrophic injuries in the United States, and it’s on the rise. Emergency room (ER) visits stemming from TBIs rose by 53 percent between 2006 and 2014, according to the U.S. Centers for Disease Control and Prevention (CDC). Every day across the country, 155 people die from injuries that include a TBI, on average.
If you or a loved one has suffered a TBI due to the fault of another person or entity, it’s wise to contact an experienced Bronx traumatic brain injury lawyer like Ivan M. Diamond. He has successfully fought for just compensation for TBIs for clients, and can do the same for you.
What Is a TBI?
As the term implies, a TBI is a serious injury to the brain. Doctors divide TBIs into two types. The first is closed. Closed TBIs, which are by far the most common, are caused by an impact to the head. The impact can be a direct hit to the head, such as the type of impact that a football player receives when being tackled. It can be a blow, such as the type of impact that a construction worker may receive when hit by construction debris falling from above. It can also result from a severe jolt, such as the type of impact that a car’s passenger might receive from a serious car accident.
What all these hit, blows, and jolts have in common is that they cause the brain to move back and forth within the head, injuring the brain. Not all head injuries cause TBIs. The terms “head injury” and “traumatic brain injury” are therefore not synonyms. A TBI depends on the brain’s action, whereas heads can be injured without injury to the brain.
Closed TBIs symptoms can range from mild to severe. Concussions are a form of mild, closed TBI. In a mild case, the victim may briefly lose consciousness or experience a change in mental state, such as forgetfulness. In a severe case, the victim may remain unconscious for a longer period and suffer long-term memory loss.
The second type of traumatic brain injury is penetrating. A penetrating TBI is caused when the head is actually penetrated to the brain by an object. Sharp objects, such as knives, or pointed debris can cause these types of TBIs. Bullets can also cause penetrating TBIs.
What Are the Symptoms of TBI?
TBIs can manifest with a very large array of symptoms. Some are physical and some may feel psychological.
These symptoms can include:
- Blurred vision
- Sensory changes, such as problems with vision or hearing
- Nausea and vomiting
- Balance problems
- Memory loss
- Fatigue after normal activities
- Sleep problems
- Personality changes
- Difficulty concentrating
- Impaired or loss of cognitive skills
3 Ways People People Sustain TBIs?
Individuals can sustain TBIs in different types of accidents and events.
1. Falls are the leading cause of TBIs. In fact, nearly half of all TBIs are caused by falls. Among children, the figure is 49 percent, versus 48 percent for the population as a whole. Older people who suffer TBIs are much more likely to sustain the injury in a fall; 81 percent of ER visits related to TBIs in senior citizens 65 years old or older stemmed from falls.
Falls of all types can cause TBI. For example, slipping and falling in a bathroom at home can cause TBI. Falling while engaging in sports, such as mountain biking or swimming pool diving, can also result in TBI. Falling down stairs in a mall or slipping in a store can cause TBI as well.
2. The second most common cause of TBIs is motor vehicle accidents, which are responsible for 20 percent of TBI-related hospitalizations. Any type of collision can cause a TBI, but rear-end collisions might be the most common, as they cause the occupants of the vehicle in front to be jostled back and forth. Individuals involved in these accidents also may hit their heads on the dashboard or steering wheel if not properly wearing seat belts.
3. The third most common cause of TBIs is being struck by or against an object. These types of incidents and accidents caused 17 percent of the trips to the ER related to TBI. Falling debris or the type of accident that could result in someone pinned against a wall or other hard surface can cause these types of accidents, as well.
Who Is Responsible for a TBI?
Because TBIs can be caused by such a wide range of accidents and situations, a wide variety of people and organizations may bear responsibility for them.
An elderly person who slips and falls because someone has spilled orange juice in a grocery store aisle may not be responsible, because store owners have a responsibility to make sure that their premises are safe. If an injured plaintiff can prove that the store’s management neither cleaned up the area nor placed safety cones or signs around the area to warn patrons, a court may find the store liable for the injuries.
Why? Because, in general, store owners and other property owners owe their guests a legal duty of care. Stores and other commercial establishments, such as hotels, ballparks, malls, apartments, and schools, should be physically safe for all who enter. Drivers need to obey the law and drive safely and prudently.
A failure to maintain adequate safety standards qualifies as a breach of that legal duty of care. If a breach of care is the cause of an accident, the person who caused it will be deemed negligent. If that individual was negligent, he or she can be held liable for injuries stemming from the accident.
The law looks at specific actions to determine causal factors. If you tumble down the stairs in your apartment building because you were taking the stairs two at a time, for example, the fault will likely rest with you. However, if your landlord allowed the overhead lights to burn out without replacing them, and thus you couldn’t see where you were going, your landlord may face liability as well, as he or she arguably breached a duty of care to maintain safe premises.
What Damages Might I Receive If Another Party Caused My Accident?
Individuals who sustain a TBI that stemmed from the actions of another party can bring a personal injury suit for compensation for medical bills, wages lost from work, and pain and suffering.
Contact a Bronx Traumatic Brain Injury Lawyer Today
If you or a loved one has suffered a TBI, contact Bronx attorney Ivan M. Diamond or call his law office at (718) 588-2000. He offers a free, no-obligation consultation to discuss your case. If you retain him, he will advise you of the best course of action and fight vigorously to secure the compensation you deserve.