A traumatic brain injury (TBI) is caused by an injury to the head. The severity of a TBI can range from “mild” to “severe.” Many of us are familiar with “mild” TBIs, which are commonly called concussions.
People who survive a TBI may experience impairments for a few days or the rest of their lives, depending on the severity of the injury. TBIs may impair thinking or memory, movement, sensation, or emotional functioning. Serious TBI creates lasting effects for the person injured as well as their caretakers.
Major Impact of TBIs in the US
While mild injuries are most common, the more severe TBIs are a major cause of death and disability in the US. From 2006 to 2014, the number of TBI-related emergency department visits, hospitalizations, and deaths increased by 53%. In 2014, an average of 155 people in the United States died each day from injuries that include a TBI, according to the Centers for Disease Control and Prevention (CDC). Additionally:
- In 2014,1 in about 2.87 million TBI-related emergency department (ED) visits, hospitalizations, and deaths occurred in the United States, including over 837,000 of these health events among children
- TBIs contributed to the deaths of 56,800 people, including 2,529 deaths among children.
- TBI was diagnosed in approximately 288,000 hospitalizations, including over 23,000 among children. These consisted of TBI alone or TBI in combination with other injuries.
- In 2014, an estimated 812,000 children were treated in US emergency departments for concussion or TBI, alone or in combination with other injuries.
Falls were the leading cause of TBIs in 2014, accounting for 48% of all TBI-related emergency department visits. People at the highest risk for TBI after a fall are children and the elderly. The second leading cause of TBI was being struck by or against an object. The top two reasons for hospitalizations for a TBI are falls and motor vehicle crashes.
How to File a TBI Claim
First gather all medical documents, records, reports, and diagnostic studies that establish the diagnosis. Several new diagnostic studies are available now to define and establish a TBI claim. It is important to confirm the diagnosis with objective findings together with the subjective findings of the patient. Seek specialized care with a qualified Board Certified Physician who has training and experience with TBI patients. Keep a journal of the subjective factors in your TBI situation and have the treating physicians correlate those with the objective findings and their diagnosis.
How to Prove a TBI Claim
As stated above, gather all of the medical documents, records, reports, and diagnostic studies to establish or prove the diagnosis of TBI. Have the treating physicians clearly and unequivocally state that the patient suffered a TBI and the severity of same. It may be difficult to establish the long-term results from the TBI, so make sure that the doctors continue to monitor your condition and keep a journal of how the condition affects your day-to-day life including your activities of daily living.
TBIs can have lasting effects on a person’s wellbeing and long-term quality of life. If you or a loved one have suffered a TBI or other injury due to the negligence of another, you may be able to receive compensation. Our team at Panter, Panter & Sampedro treats all of our clients like family and we are here to help yours. Call us today to schedule a free consultation to discuss your legal options at (305) 662-6178.
Sources:
Centers for Disease Control and Prevention. TBI: Get the Facts. Retrieved from: https://cdc.gov/traumaticbraininjury/get_the_facts.html
