Articles Posted in Brain Injury

One of the challenges facing individuals who have suffered head trauma is that a diagnosis of traumatic brain injury might not be made right after the accident.

Unfortunately, there is no single, objective test for TBI. A basic neurological exam may look for symptoms such as briefly losing consciousness, various degrees of amnesia, confusion, headaches, loss of balance, vomiting, seizures, mood or personality changes, cognitive impairments, or any disruption to the brain’s functioning. Yet an individual with TBI may not exhibit all of those symptoms at once. In addition, even MRI and CT scans might be unable to detect brain injury and come back negative.

Although the symptoms of TBI can be difficult to assess, our law office focuses on personal injury claims based on brain injury, and we know that there may be clues. For example, an individual’s behavior or actions may seem off after an accident, perhaps indicated in mood or personality changes. Symptoms may also not immediately appear, or be intermittent.

In our last post, we discussed the recent Amtrak tragedy, including a lawsuit filed by an onboard employee seeking damages for an alleged traumatic brain injury.

Unfortunately, there are many causes of TBI, including motor vehicle accidents, sports injuries, falls, or other trauma to the head. Not all TBIs may be severe, yet a damages claim in a personal injury lawsuit requires the plaintiff to specify a dollar amount. For that reason, a further examination of the symptoms and treatment of TBI is warranted.

Regardless of the cause, it is important to seek medical attention as soon as possible after suffering trauma to the head. A doctor can work to stabilize a TBI injury, ensuring adequate blood flow, blood pressure and oxygen supply to the brain. A computed tomography, or CT scan, may reveal ruptured blood vessels or bruised brain tissue.

For many Maryland residents, commuting by train is a part of daily life. For others, a train ride might be the easiest and most convenient way to get to other East Coast cities on vacation or the weekend. For both types of travelers, the recent Amtrak tragedy likely hits close to home.

Authorities at the National Transportation Safety Board believe the train derailed due to excessive speed as it approached a curve outside of Philadelphia. According to their preliminary investigation, the train was traveling at twice the posted speed limit for that section of the railroad, possibly over 100 mph. Inexplicably, authorities believe that the train actually accelerated right before it derailed.

Over 200 passengers on the train were treated for injuries at local facilities. Some may be considering personal injury lawsuits to cover their pain and suffering, medical costs and other damages. In fact, one lawsuit against Amtrak has already been filed. The claim, brought by an onboard employee, alleges traumatic brain injury. Yet those were the lucky ones. Sadly, eight passengers on the train were killed in the crash.

A spinal cord injury is more commonly associated with sporting injuries, falls or motor vehicle accidents, rather than one’s treatment while in police custody. However, the recent tragedy involving Freddie Gray, a 25-year-old black youth who died while in custody with the Baltimore police, has raised questions. 

The criminal investigation is ongoing, and will involve a different legal standard than any civil lawsuit claims alleging wrongful death. However, the evidence uncovered in that criminal investigation may be useful in the civil context, where a plaintiff must prove negligence by a preponderance of the evidence. 

Yet liability is only one phase of a personal injury or wrongful death lawsuit arising from a spinal cord injury. Since nerve tissue in the spinal cord often involves permanent damage, it is important for a personal injury plaintiff to request damages that rise to the level of tragedy involved. For example, the loss of mobility from a spinal cord injury might translate into damages that extend beyond the immediate medical bills. Such calculations might estimate lost wages, pain and suffering, other quality of life considerations, as well as long-term care expenses. For surviving loved ones, however, the loss of life may seem immeasurable.