Colorado Brain Injury Lawyer

What causes a traumatic brain injury?
What are the symptoms of a brain injury?
How is a brain injury diagnosed?
How is a brain injury treated?

Brain injury victims need highly special medical attention and legal expertise to pursue a claim. These cases can be very complex and require an attorney with experience in the medical and legal issues. At the Law Office of D.J. Banovitz you get a lawyer with substantial experience in helping accident victims who have suffered a brain injury. Our goals are to obtain the maximum financial recovery and assist the victim and family in getting the treatment and therapy they need.

What causes a traumatic brain injury?

Traumatic brain injury or TBI can result from a blow to the head or from acceleration/deceleration forces such as a whiplash type injury. Many people sustain mild traumatic brain injuries in low and moderate speed collisions that do not involve their head striking something in the car. Similarly, a mild TBI can result in a fall where there is no blow to the head. Falls are the leading cause of TBI (28%) followed by motor vehicle crashes (20%). According to the Centers for Disease Control (CDC) approximately 1.6 million people per year sustain a TBI. More than 50,000 people per year die from these injuries and more than 125,000 are left with permanent disabilities.

A brain has the consistency of custard. A blow or whiplash type of trauma to the head can cause the brain to strike the inner wall of the skull. This may result in nerve fiber tears or bleeding around the brain.

What are the symptoms of a brain injury?

The symptoms and signs range from mild to severe including but not limited to: brief unconsciousness, headaches, nausea and dizziness, vision changes, difficulty concentrating, memory problems, and mood changes, depression, disturbed sleep, loss of sense of smell or taste, fatigue, repeated vomiting, slurred speech, impulsivity and combativeness, loss of coordination, significant confusion, slowed thinking, weakness or numbness in the extremities, coma and death.

How is a brain injury diagnosed?

Traumatic brain injuries are often emergencies. They may be diagnosed by imaging such as an MRI, SPECT scan or CT. However, most mild TBI are not diagnosed in the emergency room. The victim is often initially unaware of the symptoms as their focus is on significant pain from physical injuries to the back, neck or other part of the body. Awareness of the brain injury symptoms sometimes comes not from the victim but from family and friends who notice the changes. As treatment for physical injuries progresses but the symptoms of a brain injury remain, a competent treating physician such as a Neurologist or a Physiatrist may make a preliminary or initial diagnoses of TBI when a constellation or group of some of symptoms listed above are present following a trauma. Sometimes it is difficult to sort out a genuine TBI from the effects that accident victims are experiencing from their physical injuries. Pain, depression resulting from the pain or physical impairment, worries about job loss and finances can produce symptoms in an injury victim similar to those of a brain injury. When the symptoms persist at least 6 weeks after the initial trauma a referral to a Neuropsychologist for testing is a good idea. A Neuropsychologist has specialized training in the brain/behavior relationship.

Neuropsychologists can diagnose and measure the degree and severity of the neurologic dysfunction that results from a TBI. Their testing, which typically includes written and verbal memory and learning tasks, can help to determine which area of the brain may have been injured. They will also review the case history, hospital reports, and interview the victim and perhaps his or her family and friends to get a complete picture of the victim pre and post trauma. The Neuropsychological assessment is a critical tool for directing the rehabilitation and treatment plan for therapists and others to help the victim cope with the injuries.

How is a brain injury treated?

Most mild traumatic brain injuries resolve without medical intervention. Sometimes they do not. A Neuropsychologist can explain how the brain has been affected and how these injuries will impact the day to day activities of the injury victim so that the victim and their loved ones can begin to cope. Often the family members of TBI victims have a difficult time understanding and accepting how the injuries have affected the victim. Psychological or psychiatric care can help both the victim and her family deal with the changes.

More significant brain injuries may require surgery or additional rehabilitative therapies. This may include speech therapy, occupational therapy, physical therapy, and community reintegration. The treatments can help the victim regain lost skills or develop strategies to cope with the losses. In addition, new skills and coping strategies may help compensate for the permanent loss of abilities. The goal is to regain as high a level of functioning as possible.