Motor vehicle accidents are still the primary cause of traumatic brain injury (TBI), accounting for a significant percentage of all TBI cases each year.
In 2021, the NHTSA reported a significant rise in traffic fatalities, with an estimated 42,915 deaths—an increase of 10.5% from the previous year. Many survivors of these crashes sustain TBIs that can affect cognitive, physical, and emotional functioning long-term.
A CDC study on traumatic brain injury-related hospitalizations shows that TBIs are frequently caused by accidents involving significant force, such as motor vehicle crashes. Victims not properly compensated often face mounting medical expenses and loss of income while dealing with ongoing rehabilitation needs.
With these burdens, hiring a specialized brain injuries lawyer can be crucial to ensure that victims receive the support needed to cover medical costs, lost wages, and future expenses.
How Traumatic Brain Injuries Occur in Motor Vehicle Accidents
Brain injuries from motor vehicle accidents vary widely in type and severity. Each type impacts victims differently. Below is an overview of the common types of brain injuries after motor vehicle accidents.
Concussions
- Cause: Concussions are typically caused by a direct blow to the head, shaking the brain within the skull.
- Symptoms: Symptoms may include headaches, dizziness, nausea, memory loss, confusion, and sensitivity to light or sound. Concussions are classified as mild TBIs but can lead to persistent symptoms in some cases.
- Long-Term Effects: While many people recover fully, repeated concussions or severe cases can lead to long-term issues, such as chronic traumatic encephalopathy (CTE) or post-concussion syndrome. This may cause cognitive, behavioral, and physical difficulties over time.
Contusions (Brain Bruising)
- Cause: A contusion is a bruise on the brain tissue. It is caused by a direct impact on the head, often resulting from the head striking a part of the car interior during a crash.
- Symptoms: Symptoms depend on the contusion’s location and may include localized swelling, headache, dizziness, and coordination issues. Larger contusions can cause seizures and loss of consciousness.
- Long-Term Effects: Severe contusions may lead to complications like blood clotting, which can impair brain function and increase the risk of further neurological damage if not treated immediately
Diffuse Axonal Injury (DAI)
- Cause: DAI is caused by strong rotational forces or shaking, which can occur in high-speed crashes. This closed head injury stretches and tears nerve fibers (axons) throughout the brain, disrupting brain signals.
- Symptoms: DAIs are often severe and can lead to coma, as well as cognitive and physical impairments. Many victims do not regain full function due to the widespread damage.
- Long-Term Effects: DAI is one of the most severe types of brain injuries. Recovery is often challenging, and individuals may experience long-term cognitive, physical, and emotional difficulties. Rehabilitation can help, but full recovery is rare
Penetrating Brain Injury
- Cause: This type of head injury occurs when an object fractures the skull, directly damaging the brain tissue. It often happens in accidents involving metal or glass shards from the vehicle.
- Symptoms: Symptoms depend on the affected brain region but can include severe headaches, seizures, loss of function in certain body parts, and difficulty with cognition or memory.
- Long-Term Effects: Penetrating head injuries can lead to significant brain tissue damage and often result in long-lasting deficits. Infections, seizures, and cognitive impairments are common long-term issues due to the nature of the injury and the possibility of complications during treatment.
Hemorrhage (Brain Bleeding)
- Cause: Hemorrhages can occur when blood vessels in the brain tear during the impact, causing bleeding either within the brain (intracerebral) or in the space surrounding the brain (subarachnoid or subdural hemorrhage).
- Symptoms: Symptoms vary but may include a sudden headache, nausea, loss of consciousness, and vision changes. Larger hemorrhages can be life-threatening and require immediate medical attention.
- Long-Term Effects: Recovery from this traumatic injury depends on the bleeding’s extent and location. Severe cases often lead to permanent brain damage, affecting physical abilities.
Other Brain Injuries:
- Second Impact Syndrome. This rare but dangerous injury occurs when a person sustains a second concussion before recovering from a previous one. In a motor vehicle accident context, it could happen if the victim is involved in another accident shortly after the first.
- Edema (Brain Swelling). Edema occurs when brain tissue swells due to trauma, which can compress brain structures and restrict blood flow, potentially leading to further brain damage.
- Skull Fracture-Related Brain Injuries. Skull fractures happen when the force of the accident breaks the skull, which may damage the underlying brain tissue.
These mild to severe traumatic brain injuries require specialized medical treatment and, often, a multidisciplinary rehabilitation approach. Because of the complexity and potential for long-term impact, securing compensation is crucial for addressing the costs of ongoing therapy, medical care, and lost income.
As a victim, working with a brain injury lawyer can help ensure you have the necessary financial support to aid in recovery and adjust to new life circumstances.
The Role of a Brain Injury Lawyer
Hiring a brain injury lawyer with expertise in motor vehicle accident cases is essential for several reasons:
Navigating complex claims
Brain injury cases require an understanding of medical records, neuropsychological evaluations, and accident reconstruction to establish the extent of the injury and its implications. An experienced lawyer can gather this evidence to build a compelling case.
Ensuring adequate compensation
Many TBIs result in lifelong effects, requiring ongoing care and support. A specialized lawyer helps to accurately assess both present and future damages. They ensure compensation reflects the long-term impact on the victim’s life.
Read also: How to Choose the Right Lawyer for Your Auto Accident Case
Negotiating with insurance companies
Insurance companies may attempt to minimize payouts, often offering settlements far below what is needed for comprehensive care. A skilled brain injuries lawyer is familiar with these tactics. They can also advocate for fair compensation, whether through negotiation or trial.
Advocating for long-term needs
Traumatic brain injuries caused by accidents may require years of therapy and support. A knowledgeable attorney considers this when calculating compensation, including provisions for rehabilitation, assistive technology, and home modifications if necessary.
Reducing stress for victims and families
The legal process can be overwhelming for a traumatic brain injury victim. A personal injury lawyer handles the legal complexities, allowing you and your family to focus on recovery.
Final Words
Brain injuries resulting from motor vehicle accidents require specialized legal support to ensure victims receive the resources needed for recovery.
An experienced brain injury lawyer from Sweet Lawyers can make a significant difference, advocating for comprehensive compensation that reflects the true cost of these life-changing injuries. Whether you suffered from a mild traumatic brain injury or a severe one after a car accident, make sure to seek both medical and legal help immediately.