Traumatic brain injuries (TBIs) are a significant concern for personal injury lawyers and often result from accidents such as motor vehicle crashes, falls, and blunt force trauma. Among the most serious types of TBIs are traumatic subarachnoid hemorrhage (tSAH) and brain hemorrhage.
TBIs occur when an external force causes brain dysfunction. TBIs can range from mild concussions to severe injuries resulting in long-term disability or death. In the United States, TBIs contribute to about 30% of all injury deaths. The Centers for Disease Control and Prevention (CDC) reports that in 2020, there were approximately 64,000 TBI-related deaths in the U.S.
This overview provides in-depth information about these conditions and their causes, effects, and legal implications.
What is Traumatic Subarachnoid Hemorrhage (tSAH)?
Traumatic subarachnoid hemorrhage occurs when bleeding occurs in the subarachnoid space, which is one of the brain spaces defined by the meninges, multiple membranous layers that cover the brain and spinal cords.
tSAH is a medical emergency that can lead to severe complications and long-term health issues.
Causes of tSAH
The leading causes of traumatic brain injuries like tSAH include:
- Motor vehicle accidents: High-speed collisions can cause rapid acceleration-deceleration injuries.
- Falls: Especially common in older adults, falls from heights or onto hard surfaces can cause tSAH.
- Blunt force trauma to the head: This can occur in various scenarios, including sports injuries and workplace accidents.
How tSAH Affects the Brain
When tSAH occurs, blood accumulates in the subarachnoid space, causing increased intracranial pressure. This can lead to:
- Reduced blood flow to the brain, potentially resulting in ischemia (oxygen deprivation) and further brain damage.
- Cerebral edema caused by a disruption of the blood-brain barrier.
- Inflammatory responses that can cause further tissue damage.
- Vasospasm, a narrowing of blood vessels that can occur days after the initial injury, potentially leading to delayed ischemia.
Symptoms and Signs of tSAH
The primary symptom of tSAH is a sudden, severe headache often described as a thunderclap headache. Other symptoms may include:
- Nausea and vomiting
- Neck stiffness
- Sensitivity to light (photophobia)
- Altered consciousness, ranging from confusion to coma
- Seizures
- Focal neurological deficits, such as weakness on one side of the body or facial paralysis
Immediate and Long-term Effects of tSAH
The effects of tSAH can be both immediate and long-lasting. In the short term, patients may experience:
- Confusion and disorientation
- Impaired consciousness
- Neurological deficits
- Risk of rebleeding
But untreated tSAH can also lead to the following long-term effects:
- Cognitive impairments, including problems with memory, attention, and executive function
- Changes in behavior or personality
- Emotional disturbances, such as depression or anxiety
- Persistent headaches
- Fatigue and sleep disturbances
- Increased risk of epilepsy
What is a Brain Hemorrhage?
A brain hemorrhage, or a brain bleed, refers to bleeding within the skull or inside the brain tissue. There are several types of brain hemorrhages:
- Intracerebral hemorrhage: Bleeding within the brain tissue itself, often due to hypertension or trauma.
- Subdural hemorrhage: Bleeding between the dura mater and arachnoid (two of the membranes known as meninges), commonly seen in elderly patients after falls.
- Epidural hemorrhage: Bleeding between the skull and dura mater, often associated with skull fractures.
Causes of Brain Hemorrhages
These are the most common causes of brain hemorrhages:
- Motor vehicle accidents
- Falls
- Blunt force trauma
- High blood pressure (hypertension)
- Aneurysms
- Arteriovenous malformations (AVMs)
- Blood disorders or use of blood thinners
How Brain Hemorrhages Affect the Brain
Brain hemorrhages can alter the way the brain works, leading to the following medical conditions:
- Compression of brain tissue due to increased intracranial pressure
- Ischemia as a result of reduced blood flow to affected areas
- Direct damage to brain tissue from the presence of blood
- Formation of blood clots, which can further obstruct blood flow
- Inflammation and swelling in surrounding tissues
- Potential for herniation, where brain tissue is pushed into other compartments of the skull
Symptoms and Signs of Brain Hemorrhages
Symptoms of brain hemorrhages can vary depending on the location and severity of the bleed but often include:
- Severe headache that comes in suddenly
- Weakness or numbness, often on one side of the body
- Difficulty speaking or understanding speech
- Vision problems, including double vision or loss of vision
- Poor coordination or loss of balance
- Seizures
- Nausea and vomiting
- Altered level of consciousness, from confusion to coma
Immediate and Long-term Effects of Brain Hemorrhages
The effects of brain hemorrhages can be severe and long-lasting. Immediate effects may include:
- Loss of consciousness
- Paralysis or weakness
- Speech impairments
- Vision loss
- Cognitive impairments
- In severe cases, death
Long-term effects can range from mild cognitive impairments to significant disabilities, depending on the extent and location of the damage:
- Persistent motor deficits
- Cognitive impairments affecting memory, attention, and executive function
- Speech and language difficulties
- Emotional and behavioral changes
- Epilepsy
- Chronic headaches
- Increased risk of future strokes
Diagnosing tSAH and Brain Hemorrhages
Prompt and accurate diagnosis is crucial for effective treatment. Diagnostic tools include:
- Computer Tomography (CT) scans: Often the first-line imaging test, as CT scans can quickly detect the presence and location of the bleeding.
- Magnetic Resonance Imaging (MRI): Provides detailed images of brain tissue and can detect more minor bleeds that CT scans might miss.
- Angiography: Used to identify the source of bleeding, particularly useful in cases of suspected aneurysms or Arteriovenous Malformations (AVMs).
- Lumbar puncture: May be used to detect blood in the cerebrospinal fluid, particularly in cases where imaging is inconclusive
Treatment Options
Treatment for tSAH and brain hemorrhages typically involves:
- Immediate medical interventions to stabilize the patient including managing blood pressure and preventing seizures.
- Surgery to relieve pressure, remove large blood clots, or repair damaged blood vessels.
- Medications to manage symptoms, prevent complications, and control underlying conditions like hypertension.
- Monitoring and supportive care in an intensive care unit.
- Rehabilitation, including physical, occupational, and speech therapy, may be required for an extended period, given the severity of brain injuries.
- Physical therapy, occupational therapy, and speech therapy.
Legal Implications of Traumatic Subarachnoid Hemorrhages and Brain Hemorrhages
In personal injury cases involving tSAH or brain hemorrhages, understanding the full extent of the injury and its long-term impacts is crucial.
These are some of the challenges you’ll have to navigate during the process of getting compensation for having suffered severe traumatic brain injuries due to someone else’s negligence.
The Complexity of Diagnosis and Prognosis
Brain injuries can be challenging to diagnose fully, especially in the early stages. Additionally, the long-term prognosis may be uncertain, requiring ongoing medical evaluation. As a result, some legal cases may need to remain open longer to account for developing symptoms.
Creating a Comprehensive Assessment of Damages
In legal cases involving traumatic brain injuries, an assessment of damages may include:
- Medical expenses: Both immediate and long-term medical costs, including potential future surgeries, therapies, and medications, need to be calculated.
- Lost wages and earning capacity: Brain injuries can significantly impact a person’s ability to work, potentially for life.
- Life care planning: Many victims require lifelong care, necessitating a detailed life care plan.
- Pain and suffering: The physical and emotional toll of brain injuries can be substantial and long-lasting.
- Loss of quality of life: Brain injuries can dramatically alter a person’s lifestyle and ability to enjoy life.
Expert Testimony
In some cases, it may be necessary to collect the testimonies of professionals, including:
- Medical experts: Neurologists, neurosurgeons, and rehabilitation specialists may be needed to testify about the nature and extent of the injury.
- Life care planners: To project future care needs and associated costs.
- Vocational experts: To assess the impact on earning capacity.
Establishing Causation
A critical element of any personal injury case involving traumatic brain injuries is establishing a clear link between the accident, the brain injury, and someone else’s negligence, especially in cases where symptoms develop over time.
Filing Before Statute of Limitations Expires
Depending on the state, you have between one and six years to file a traumatic brain injury claim. Filing the claim after the statute of limitation expires may mean you lose the opportunity to recover all your losses.
Insurance Coverage Issues
Brain injury cases often involve high-value claims that may exceed policy limits, leading to conflicts with insurance companies throughout the case.
Settlement vs. Trial Considerations
The complexity and high stakes of brain injury cases often make them more likely to go to trial. However, the stress of a trial may be particularly challenging for a brain injury victim, requiring them to consider settlement options carefully.
Panter, Panter & Sampedro Helps You Get Compensation for Serious Traumatic Brain Injuries
Traumatic subarachnoid hemorrhages and brain hemorrhages are severe forms of traumatic brain injuries that can have devastating consequences for victims and their families.
If you or a loved one has suffered from tSAH or a brain hemorrhage due to someone else’s negligence, it’s crucial to seek both immediate medical attention and expert legal advice. At Panter, Panter & Sampedro, our experienced attorneys specialize in handling complex personal injury cases, such as those involving TBIs.
We understand these injuries’ intricate medical and legal aspects and are committed to providing comprehensive representation to ensure our clients receive the compensation they deserve.
Contact Panter, Panter & Sampedro today to schedule a free, no-obligation case review.
