Traumatic Brain Injury

Research and critical media attention has raised awareness about the devastating effects of traumatic brain injuries on both victims and families. Legislation currently under consideration in Congress would provide qualified residents of Chicago with information about, and assistance, for injuries to the brain. Former members of the U.S. military who have suffered head injuries while on active or reserve duty may especially benefit from passage of such legislation, which would also authorize funding for research on traumatic brain injury (TBI).

Much research still needs to be conducted on effective treatments for TBI. In some cases the most traumatic aspects of brain injury occur hours, days or even weeks after a blow to the head because of cascading effects. Researchers and physicians have so far been unable to find much success with medications or other treatments to effectively stop or delay these cascading effects. A person who has fallen or received a blow to the head often does not display the most severe symptoms until hours or days after an incident.

Legal Action After an Injury

It may be advisable for victims who have suffered a traumatic brain injury to contact an attorney who has expertise in TBI. A person who receives a head injury may have difficulty with a claim because they said they felt fine to witnesses immediately after the incident and did not show any immediate symptoms. Those responsible for the head injury due to negligence – or outright malice if the injury was caused by an assault – may attempt to use such information to contest a claim on the grounds that the symptoms were not related to the incident. An attorney with knowledge and experience in TBI will be able to gather as much information as possible about events that occurred immediately before and after an incident. A competent TBI attorney will collect appropriate medical evidence about the delayed effects of trauma to the head.

TBI: The Symptoms

Symptoms of TBI include diminished ability to speak, hear or see. Many victims experience continual headaches or nausea. Diminished cognition is a common result of TBI. Severe cases of TBI can result in coma, vegetative state or death. Victims who win a judgment or settlement against a negligent party may need the help of a qualified attorney to establish and administer a special needs trust. A special needs trust will help a victim of TBI manage financial affairs if he or she is unable to do so because of diminished cognition caused by TBI. A special needs trust will also help the victim continue to receive Medicaid benefits and treatments and services not covered by Medicaid.