Brain Injury
The Law Offices of Hugh Howerton has successfully handled numerous claims involving Head and Brain trauma caused by the negligence of another. It is a complex and specialized area of personal injury law.
Individuals who suffer Traumatic Brain Injury ("TBI") are often confronted with confusing lifestyle changes not easily understood by the victim or the victim's family. Simple tasks once taken for granted may become cumbersome or even impossible. Loss of short and long-term memory often results from traumatic brain injury, as well as problems with the ability to focus and concentrate, and complete tasks at work. Often times dramatic mood swings take place. Family members often observe that a TBI victim has become "a different person." However, because there is often no outward manifestation of TBI, others may lack an appreciation of the extent of such an injury. A basic understanding of the legal rights of a TBI victim can help victims and family members deal effectively with the crisis of a head injury.
When the skull is seriously hit, the brain may twist within the skull. This type of brain injury is called a Diffuse Axonal Injury. After a closed brain injury, the rotation and disruption of the brain's long connecting nerve fibers can be microscopic and difficult to measure. A person can suffer a brain injury and their MRI or CT scan can be normal. In cases involving "mild brain injuries", the effects may not be long term, but following more severe brain injury, it can result in permanent disability, unconsciousness and coma. Recent studies indicate that the damage to axons appears to progress over the first 12 to 24 hours after the injury. It is hoped that in the near future it may be possible to prevent the progression with specific treatments.
One of the best diagnostic tools is to have a battery of neuropsychological tests run. These tests are designed to help isolate the area of the brain affected and can pick up changes in memory and executive functioning. This testing is performed by a neuropsychologist.
The long term effects of Traumatic brain injury (TBI) include cognitive deficits and mood swings. Reduction in physical deficits can include walking, balance and coordination, fine motor skills and strength.
Cognitive deficits include difficulty in language and communication, information processing, memory and perceptual skills.
Psychological status is a also often altered and people suffering from traumatic brain injury often exhibit changes personality and lifestyles.
Much of the medical research into brain injury has focused upon identifying "mild" injuries that may develop into more serious brain injuries, based upon the manner in which the accident victim interacts with medical professionals during the acute stages of the injury. While such research may be of value to the medical community, it fails to address the practical implications of TBI, whether mild or acute, that will be of greatest concern to the accident victim. Some TBI victims experience full recovery, while others are profoundly affected by a similar injury. Again, TBI often results in dramatic changes in personality and basic brain function. These changes will affect the victim's ability to function in both a social and work environment.
To protect your legal rights following a traumatic brain injury, it is generally wise to consult an brain injury attorney who is experienced in handling these cases, and knowledgeable in medical issues such as the role of the neuropsychologist. In the event of a head injury, it is also important that your attorney understand the full extent of physical, mental and emotional disability often resulting from such injuries. An attorney who has handled brain injury cases in the past will be able to prepare your case most effectively.
As a Board Certified personal injury lawyer I have tried numerous personal injury and wrongful death cases. I have passed an extensive test and have gained the recognition of judges and opposing attorneys as a personal injury specialist.
I will provide Free Consultation, work on a contingency fee and accept no fee until you recover .
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