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Brain Injury FAQ

Traumatic brain injuries (TBIs) result in 611 hospitalizations and 176 fatalities a day in this country, making them one of the most common catastrophic injuries. If you have sustained this type of potentially-life threatening injury, read on. The legal team at Flaxman Law Group have compiled this FAQ to help address some of the questions you may have. If you don’t see your question answered here and you have suffered a brain injury, you can contact us at 866-352-9626 for a free consultation with a brain injury claims attorney who can address your questions.

What Is a Brain Injury?

A brain injury is an injury which impacts how the brain works, in some cases leading to severe disability or even fatality. Brain injuries can be sustained through a traumatic injury, such as being hit, or through lack of oxygen to the brain.

Traumatic brain injuries are among the most common brain injuries and they can happen to anyone. They occur when a person hits their head or sustains severe trauma to the head. When this happens, two things can happen. First, the skull can actually be punctured, such as by a bullet, causing direct damage to the brain tissue.

If the skull is not punctured, a person can still sustain a life-threatening injury. When the head is hit, the brain can get shaken or can crash against the inside of the skull, which can cause bleeding and bruising as well as damage to brain tissue. In addition, with the trauma to the brain tissue, the brain can swell and press up against the skull, since it has no where to go. This can cause further injury.

Brain injuries can also occur when the brain does not get enough oxygen. This can happen during a birth injury, for example, or if a person stops breathing during a near-drowning accident. When not enough oxygen reaches the brain, some brain tissue can be damaged. Strokes and brain aneurysms are medical events which can also cause damage to the brain, resulting in possible disability or death.

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Do I Have a Brain Injury?

The best way to determine whether you have an injury is to get a medical evaluation. If you notice any concerning symptoms or if there is any chance you may have hit your head hard, it’s important to get a medical evaluation to rule out concussion or another type of head injury. This is because in some cases brain injuries may produce few or no symptoms. In other cases, patients may experience:

  • Loss of consciousness
  • Headache
  • Dizziness and nausea
  • Cognitive and speech problems
  • Memory loss
  • Difficulty processing sensory information
  • Mobility issues
  • Dilation of the pupils
  • Seizures or convulsions
  • Grogginess or inability to wake up
  • Clear fluid leaking from the ears or nose
  • How Do Brain Injuries Usually Happen?
  • Brain injuries most commonly happen due to:
  • Birth injuries
  • Car accidents
  • Truck accidents
  • Bicycle accidents
  • Assault and physical violence
  • Sports injuries
  • Workplace injuries
  • Slip and falls and trip and falls
  • Falls from heights
  • Boating accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Swimming pool accidents

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What Are the Different Types of Brain Injuries?

Doctors can classify brain injury in a few ways:

Closed brain injury: In this type of TBI, there is no break or fracture in the skull and the injury occurs due to a rapid back-and-forth motion of the brain inside the skull. This type of TBI can further be classified as a concussion or mild TBI or as a moderate or severe injury, depending on the extensiveness of the damage.

Penetrating brain injury: In this type of brain injury, an object has pierced the brain.

Anoxic brain injuries: In this type of injury, oxygen has been completely cut off from the brain, resulting the death of brain cells.

Hypoxic brain injuries: With this type of injury, blood flow to the brain has been dangerously reduced, causing impairment or brain cell death, but oxygen has not been completely cut off.

Congenital brain injuries: These injuries occur in the womb, before birth.

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How Long Does It Take to Heal from a Brain Injury?

A relatively mild injury, such as a concussion, can take a week to two weeks of recovery time, while a more serious TBI can take over two years to recover from, with some symptoms resolving only after 5-10 years. During this time, a person may need occupational therapy or other support as part of the recovery process.

Some brain injuries are permanent and while some improvement is possible a person with a permanent injury can suffer some symptoms for the rest of their life. In severe cases, debilitating symptoms can be life-long, affecting quality of life. A person with severe, permanent brain injuries may not be able to return to work or regular activities, may struggle with everyday tasks such as personal care, may have difficulties with personal relationships, and may even need around-the-clock care.

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Do I Have a Claim If I’ve Suffered a Brain Injury?

If you have suffered a serious injury that has resulted in losses (such as medical bills or lost income) and your injury was caused by someone’s negligence, you may have a claim. For example, if you needed to spend a week in hospital after a car accident, you may be able to seek compensation. To find out whether you qualify, you may want to speak with an experienced brain injury claims attorney, even if you’re not sure whether you may have a case. An attorney can review the specifics of your situation and help you understand your legal options.

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How Much Can My Brain Injury Be Worth?

Every brain injury is different and how much compensation you may seek will depend on how your injury affects your life and how much losses you have suffered. Average costs of a severe brain injury are $600,000-$1,875,000 over a lifetime, and for some patients the costs are much higher. Since it is hard for most people to pay for these out of pocket, speaking with a personal injury attorney is important to explore any options for compensation.

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When Should I Contact a Lawyer?

If you have suffered a severe brain injury and now are worried about replacing lost income and paying the medical bills, you will want to contact an attorney as soon as possible. Because of the high costs associated with brain injuries, insurance companies and liable parties take steps immediately to reduce liability and you will want someone by your side from the start, protecting your rights.

If you’re looking for an attorney, Flaxman Law Group has already recovered over $100 million for patients with TBIs and other serious injuries. We have more than 60 years of combined experience and three offices in Homestead, Hollywood, and Miami, to serve the entire South Florida area. If you’re injured and need legal help, call Flaxman Law Group at 866-352-9626 or contact us online to schedule a no-cost, no obligation consultation to discuss your case with our team.

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