Austin Traumatic Brain Injury (TBI) Attorney

Austin Brain, Burn, and Spinal Cord Injury Lawyers

Although minor injuries such as scrapes, cuts, and even the occasional broken bone are an unfortunate part of being human, a catastrophic personal injury can alter the entire course of a person’s life. When an individual sustains a brain injury, spinal cord injury, serious burn, or other injury, the effects can last for many years, often requiring repeated surgery, physical therapy, and costly drug treatment. The victim experiences not only excruciating physical pain, but also significant harm to his or her work, family, and personal life. When a serious personal injury results from another person’s negligence, the experience can be especially difficult to endure.

Traumatic Brain Injury (TBI) is damage to the brain caused by a sudden physical force such as a blow or jolt to the head. TBI may be caused from a direct blow to the head or from a severe shaking of the head. When the head is subjected to such a blow or to a whiplash-type situation, the brain can collide with the bony-ridged surfaces of the skull. This type of impact tears the axons (wire-like structures) and neurons connected by the axons, causing bruising and bleeding of the brain.

Traumatic Brain Injury Lawyers in Austin

A traumatic brain injury (TBI) is defined by the Brain Injury Association of America as a blow or jolt to the head or any other penetrating head injury that impairs the brain’s ability to function properly. Not all head injuries result in brain damage; however, even a somewhat mild blow to the head can cause serious disabilities such as impaired motor skills, difficulties in short and long-term memory, confusion, mood swings, and the inability to control emotions. In extreme cases, a brain injury can leave a patient in a coma or in a vegetative state.

From a medical perspective, there are three types of traumatic brain injuries (TBI): mild traumatic brain injuries, moderate traumatic brain injuries and severe traumatic brain injuries. In reality, there are no traumatic brain injuries that can be considered mild. All of them are serious and potentially life-changing, regardless of the medical label that is attached to them.

Brain and head injury cases are complex, but we have the necessary experience to handle them. We also take pride in being able to help our clients understand the complexities involved as we move forward. Among the issues our attorneys frequently address are:

Traumatic Brain Injuries may range from a brief change in mental status or consciousness (mild) to an extended period of unconsciousness or amnesia (severe) to death. Not all blows to the head cause TBI. Any head injury, however, should be checked out by a doctor, since TBI symptoms often do not appear immediately, and may not appear until days or weeks following an injury.

Mild Traumatic Brain Injury Claims

The problems caused by a mild TBI are often subtle. They can include changes in personality, memory loss and other problems that don’t necessarily appear clearly in medical tests. These cases frequently involve hidden injuries that are extremely challenging to prove. We have the experience to prove them and get compensation for TBI victims.

Moderate Traumatic Brain Injury Claims

Distinctions between mild and moderate traumatic brain injuries can be subtle, but they can influence the way that the injury is treated by the medical professionals involved. These cases can also involve hidden injuries that add an additional challenge that we must overcome to get results for the victim.

Severe Traumatic Brain Injury Claims

The most serious TBI cases are those that involve victims who have lost mobility or are in a coma because of the negligence of someone else. These injuries are obvious, so the challenge in these cases is simply understanding the extent of care the victim will need and making certain that we get the compensation to cover the costs of that care. We are experienced in calculating such costs.

Spinal Cord Injury

A spinal cord injury consists of a disturbance to the spinal cord that inhibits an individual’s sensation and ability to move. A spinal cord injury can result in severe disability, such as quadriplegia (the paralysis of arms and legs) or paraplegia (paralysis of the lower body). In addition to suffering the loss of movement, spinal cord injury victims can experience severe pain, breathing problems, loss of bladder and bowel control, and muscle spasms. The medical costs associated with a spinal cord injury can be exorbitant, and victims often require lifelong care and ongoing physical therapy.

A large portion of spinal cord injuries are sustained in auto and trucking accidents and during traumatic falls. Due to the severe impact forces involved in these types of accidents, a victim may sustain lifelong, debilitating wounds. We are committed to helping victims and their families whose lives have been devastated by spinal cord and other serious injuries. If the negligence of another person or party has caused you or a loved one to sustain a spinal cord injury, the lawyers from our Austin , Texas firm may be able to help you obtain compensation for the impact your injury has had on your quality of life.

Burn Injury

A burn injury can cause excruciating pain and irreparable damage to the body’s largest organ: the skin. A severe burn injury can also harm the nerves, muscles, blood vessels, bones, and immune system, causing the victim intense suffering and often lifelong disfigurement. A burn injury can also result in psychological trauma as the victim tries to cope with visible scars and impaired movement. According to the American Burn Association, 1.25 million people sustain burn injuries in the United States each year. While many of these are minor, first-degree burns, a good portion of them are much more serious. Second- and third-degree burns damage the deeper layers of the skin and cause damage not only to the skin itself, but to the immune system and other body systems.

As with brain and spinal cord injuries, the mental impact of a burn injury is something that the experienced lawyers from our Austin and San Antonio, Texas-area firm will take into account when pursuing damages on your behalf. In a recent burn injury settlement, our team obtained restitution for two young boys who had been severely burned in a fire caused by an improperly placed fuel tank. The settlement was based on the many surgeries the boys will require throughout their lives, as well as the social and psychological challenges they will continue to face.

Some Statistics

In response to a mandate from Congress, the Centers for Disease Control (CDC) conducted research and produced a report called “Traumatic Brain Injury in the United States: Emergency Department Visits, Hospitalizations, and Deaths.” According to that report:

  • At least 1.4 million people sustain a TBI each year in the United States;
  • Of these, about 50,000 die, 235,000 are hospitalized, and 1.1 million are treated and released from an Emergency Department;
  • Approximately 475,000 TBIs occur among children ages 0 to 14 years;
  • Emergency Department visits account for more than 90% of the TBIs among victims ages 0 – 14 years;
  • Falls are the leading cause of TBI; rates are highest for children ages 0 to 4 years and for adults age 75 years or older;
  • Direct medical costs and indirect costs (such as lost productivity) of TBI are estimated at $60 billion annually. This number does not take into account returning military service personnel with TBI.

Although about 75% of TBIs that occur each year are concussions or other forms of mild TBI, the CDC estimates that at least 5.3 million Americans currently have a long-term or lifelong need for help to perform activities of daily living because of a TBI.

Symptoms of TBI

The following are some common signs and symptoms of a TBI:

  • Persistent headaches or neck pain
  • Difficulty making decisions, remembering things, or concentrating
  • Difficulty thinking, speaking, acting, or reading
  • Getting easily confused
  • Getting lost
  • Feeling tired all of the time
  • Unexplained mood changes
  • Changes in sleep patterns
  • Light-headedness, dizziness, or loss of balance
  • Nausea
  • Increased sensitivity to lights, sounds, or distractions
  • Blurred vision
  • Loss of sense of smell or taste
  • Ringing in the ears

Children will have many of the same symptoms. However, it is sometimes difficult for them to communicate this to an adult. Watch your child for any of these symptoms:

  • Tiredness
  • Will not stop crying or cannot be consoled; irritability
  • Will not eat or nurse
  • Changes in sleep patterns
  • Changes in the way the child plays
  • Changes in performance at school
  • Lack of interest in favorite toys or activities
  • Loss of new skills, such as toilet training
  • Loss of balance or unsteady walking
  • Vomiting

Brain damage generally cannot be reversed, although much functionality can often be restored through early and effective treatment. If you notice any of the above symptoms in you or a loved one, or if you or a loved one has suffered a blow to the head, go to the emergency room immediately, or call 911 for medical assistance in the case of an emergency.

Common Causes of TBI

The following are some common causes of TBI:

  • Motor vehicle accidents
  • Bicycle accidents
  • Motorcycle accidents
  • Snowmobile accidents
  • ATV accidents
  • Sports accidents while playing a contact sport, such as football, ice hockey, or boxing
  • Baseball and softball accidents while batting and running bases
  • In-line skates or skateboard accidents
  • Assault and Battery
  • Horse riding accidents
  • Skiing or snowboarding accidents

In addition, senior citizens should watch out for the following:

  • Tripping hazards such as throw rugs and clutter in walkways
  • Slippery bathtub and shower floors
  • Lack of handrails on both sides of stairways
  • Elder Abuse
  • Inadequate lighting throughout the home

In addition, young children are in danger of TBI from:

  • Falling on playgrounds not made of shock-absorbing material, such as hardwood mulch or sand
  • Falling out of open windows
  • Falling down staircases
  • Child Abuse

The National Center for Injury Prevention and Control provides the following general tips that can aid in recovery:

  • Get lots of rest.
  • Do not rush back to daily activities such as work or school.
  • Avoid doing anything that could cause another blow or jolt to the head.
  • Ask your doctor when it’s safe to drive a car, ride a bike, or use heavy equipment, because your ability to react may be slower after a brain injury.
  • Take only the drugs your doctor has approved, and do not drink alcohol until your doctor says it is OK.
  • Write things down if you have a hard time remembering.

To visit their website, please click the following link: http://www.cdc.gov/ncipc/tbi/TBI.htm

Legal Help

Legal cases involving traumatic brain injury require an attorney who has a thorough understanding of all the aspects of TBI and is experienced in handling such cases. If you or a loved one has sustained a traumatic brain injury due to an accident or assault, call attorney James R. Gillen at 1-877-619-3095. Do not delay as you may have a valid claim and may be entitled to compensation for injuries, but a lawsuit must be filed before the applicable statute of limitations expires.

Traumatic Brain Injury Resources

http://www.cdc.gov/ncipc/pub-res/TBI_in_US_04/TBI_ED.htm

http://www.cdc.gov/ncipc/tbi/Outcomes.htm

http://www.cdc.gov/ncipc/tbi/Sings_and_Symptoms.htm

http://www.biausa.org/elements/pdfs/invisible_ctf_qxp.pdf

Contact a Personal Injury Lawyer

Although no settlement can ever undo the physical and emotional damages caused by a serious personal injury, it can help bring a sense of closure and compensate you for the financial setbacks you and your family have suffered. If you have been a victim of a brain, spinal cord, or burn injury, contact the lawyers from our Austin and San Antonio, Texas-area firm to discuss the details of your case.