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BRAIN INJURIES

One's brain is the most valuable thing anyone can lose, even a percentage of brain loss, one can suffer dire consequences. Injury of the brain can result from any of the following: Slip and fall events are the most common cause of traumatic brain injuries 28%, with motor-vehicle accidents following close behind  20%, falling objects or by physical assaults, exposure to toxins, anesthesiologist failing to perform  services properly before surgery, jaundice in children, shaken-baby-syndrome.

The Brain Injury Association of America defines a traumatic brain injury (TBI) as an acquired brain injury that is “caused by an external physical force that may produce a diminished or altered state of consciousness.” The most common causes of TBI are vehicle crashes, falls, sports injuries, and violence. 


Areas of compensation to be sought after:
Lifestyle adjustments and changes, impairment and earning capacity, loss wages during the injury and recovery, future damages, life care, medical monitoring, pain and suffering, medical bills.See contact us page


The National Center for Injury Prevention and Control reveals people will suffer traumatic brain injury each year, 1.1 million will be seen by an hopital ER and released, 235,000 will require hospitalization and 50,000 will die.
Approximately 75% of the brain injures that happen annually are concussions or forms of any head trauma which are categorized  according to the acuteness of the trauma to the brain: Severe head injury, moderate head injury and mild head injury.

SIGNS OF BRAIN INJURY:


Diminished senses of hearing, taste or sight, or ringing in the ears

Inability to focus thoughts, or too much focus on one or a few ideas

Lack of hand/eye coordination

Inability to understand written or spoken words

Persistent sleepiness or wakefulness

Unexplained weakness

Chronic head or neck pain

Mood changes, unnecessary anger or suddenly depressed

Nausea
Dizziness or lack of balance

Inability to find words to convey thoughts

Inability to  perform simple tasks, such as remember simple daily tasks, write, to pay bills, etc.

Inability to find words to properly convey thoughts and simple communication

Paralysis of any body part

Lack of hand and eye  coordination

Strokes that go unnoticed can also cause brain injury or bodily paralysis from temporary to permanent damage.

One of the largest brain damage lawsuits was filed under the Federal Tort Claims Act, claimed that the doctors at the Jacksonville Navy Hospital, who are government employees, acted negligently by waiting too long to perform a cesarean section. The federal government agreed to pay the family $60.9 million in the settlement. Child birth can have many health complications if all of the proper precautions are not taken.


The family of a teenage girl who suffered a severe brain injury after she lost control of her vehicle and crashed into a city-built fence was awarded $9 million from the city of San Dimas, California. Part of the fence pierced the girl’s car, damaging her skull and injuring her brain. The lawsuit filed by the family against the city of San Dimas claimed that the wooden-log fence was unsafe and caused their daughter’s severe brain damage.

$1.5 million for a transit worker who suffered head injuries and cognitive loss when he was struck by a garage door that had been negligently installed a re-
cent case in the U.S.


An Ironworker who was exposed to argon gas while welding at his job.  Since the conditions were poorly controlled, he was working in an enclosed area. The argon gas caused a lack of oxygen, resulting in damage to the part of the brain that controls balance.  As a result, the man now suffers from vertigo and is permanently disabled from work.  The insurance company contested the case, denying that the argon gas exposure caused brain damage, and claiming that the man’s problems were the result of head injuries 20 years ago. The Workers’ Compensation Law Judge found in favor of the plaintiff and awarded him $50,000 in back payments plus continuing payments at the maximum rate of $400 per week, a recent case in New York.


According to The Brain Injury Association of America, there are many ways to reduce the chances of a traumatic brain injury (TBI), including:
  • Wearing a seat belt every time you drive or ride in a motor vehicle.
  • Buckling your child in the car using a child safety seat, booster seat, or seat belt (according to the child's height, weight, and age).
    • Children should start using a booster seat when they outgrow their child safety seats (usually when they weigh about 40 pounds). They should continue to ride in a booster seat until the lap/shoulder belts in the car fit properly, typically when they are 4’9” tall.(*1)
  • Never driving while under the influence of alcohol or drugs.
  • Wearing a helmet and making sure your children wear helmets.
    • Riding a bike, motorcycle, snowmobile, scooter, or all-terrain vehicle.
    • Playing a contact sport, such as football, ice hockey, or boxing.
    • Using in-line skates or riding a skateboard.
    • Batting and running bases in baseball or softball.
    • Riding a horse or bicycle.
    • Skiing or snowboarding.
  • Making living areas safer for seniors.
    • Removing tripping hazards such as throw rugs and clutter in walkways.
    • Using nonslip mats in the bathtub and on shower floors.
    • Installing grab bars next to the toilet and in the tub or shower.
    • Installing handrails on both sides of stairways.
    • Improving lighting throughout the home.
    • Maintaining a regular physical activity program, if your doctor agrees, to improve lower body strength and balance.
  • Making living areas safer for children.
    • Installing window guards to keep young children from falling out of open windows.
    • Using safety gates at the top and bottom of stairs when young children are around.
    • Making sure the surface on your child's playground is made of shock-absorbing material, such as hardwood mulch or sand.
  • There are many opportunities to raise awareness in your community about TBI (Traumatic Brain Injury). Below are some times of the year that may be opportune for drawing attention to a particular issue:
    • The week of Valentine’s Day is National Child Passenger Safety Week.
    • March is 'Brain Injury Awareness Month'.
    • The fourth week of April is National Playground Safety Week.
    • December is 'National Drunk and Drugged Driving Prevention Month'.
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Sources of compensation
for brain injuries/losses
  • Employer/Company owner
  • Property Owner
  • Insurance company
  • Manufacturer
  • Lost wages if you take time off form your job, sick leave or a vacation time to recover from injuries due to an accident, we may be able to get compensation for this time away from work.
  • Wrongful Death
  • Pain and suffering
  • Medical expenses
  • Impairment of earning capacity
  • Life care expenses
  • Vocational rehabilitation
  • Loss of consortium (the services of an injured spouse)

  • Loss of advice including comfort, assistance, protection, counsel, companionship