Traumatic Brain Injury

The lawyers at Page & Eichenblatt have extensive experience in handling traumatic brain injury cases, ranging from severe brain injury to concussions

How a Traumatic Brain Injury Occurs

Oftentimes, car accidents can cause what is called a traumatic brain injury or closed head injury. This may even occur when the brain undergoes a severe forward or backward shaking or in cases when a whiplash occurs. These cases present unique challenges in litigation particularly if there is no evidence of unconsciousness at the scene or there is no outward damage to the head but there is significant headaches, and/or loss of memory.

Insurance companies frequently take the position, even though science proves otherwise, that if the victim is not unconscious at the scene, or fails to report an immediate head bruising or bleeding, then they must not have suffered a brain injury. It makes it extremely important in cases involving brain injury that measures be taken quickly to preserve evidence, prove the nature and extent of your head injuries and insure you get to the appropriate medical personnel to help cure and support the cause of your injuries.

Every year, there are articles in the newspaper about accident victims who have reported headache, after a mild collision, only to end up in the emergency room with significant brain bleeding or subdural hematoma that can sometimes even result in death. It is essential that you report any and all symptoms of any and all pain that you may have had after an accident to physicians or paramedics who treat you at the scene. Many people knocked unconscious do not realize they are knocked unconscious, they might deny it. Remember, that evidence of altered consciousness can be some of the most helpful or hurtful in your case when it comes to litigation or trial testimony regarding causation.

Definition of a Traumatic Brain Injury

Traumatic Brain Injury is defined as an alteration in brain function, or other evidence of brain pathology, caused by an external force. An alteration of brain function has been defined as one of the following clinical signs:

  1. any period of loss of consciousness;
  2. any loss of memory for events immediately before or after the injury;
  3. neurologic deficits like weakness, loss of balance, change in vision, paralysis, sensory loss, or aphasia, etc.;
  4. any altered mental state at the time of the injury like confusion, disorientation or slowed thinking.

The evolution of the definition of Traumatic Brain Injury reflects a grudging, gradual change in terminology that accurately reflects that it is damage to the brain that matters, and not so much the damage to scalp or skull.

Since 1993, the Personal Injury lawyers at Page & Eichenblatt have handled multiple cases involving Traumatic Brain Injury. The firm has developed a team of both national and local experts to accurately diagnose and treat Traumatic Brain Injury. The key to successful prosecution of these cases is extensive knowledge of the latest medicine and medical literature regarding traumatic brain injury. Oftentimes, individuals with Traumatic Brain Injuries need to be supervised under the care of  neuropsychologists, neurologists, and other medical professionals involved in brain injury litigation and one or more of the following brain injury specialists:

  • Neurosurgeons are medical professionals who have extensive experience in research and surgical intervention regarding Traumatic Brain Injury. These highly specialized medical doctors prove to be credible witnesses in Traumatic Brain Injury cases.
  • Neurologists are medical doctors who specialize in the evaluation and diagnosis of brain injury. They do not perform brain surgery but are frequently involved in the day-to-day management and care of individuals who suffer from traumatic brain injury. These physicians are often the most knowledgeable regarding the day-to-day realities of the challenges faced by patients who suffer from traumatic brain injury.
  • Neuropsychiatrist’s are healthcare professionals with not only a medical degree but also specialized training in administering objective testing designed to help reveal the presence or absence of subtle or mild brain injury caused by trauma. The testing process, otherwise known as neuropsychological testing, has been proven scientifically reliable and has been relied on by physicians in the medical community for decades. Each of these medical providers often are essential to success in a Traumatic brain injury case. The doctor’s credibility and credentials must be impeccable to gain acceptance by the insurance industry or a jury.

As attorneys focused on this area, we are heavily networked with local and national organizations that provide resources to help all of our clients.

Resources to Help Individuals who Suffer Traumatic Brain injury

Numerous valuable support groups exist solely to provide help and assistance to those who have suffered traumatic brain injury. In the state of Florida, the Florida Brain Injury Association,( http://www.biaf.org/, 1637 Metropolitan Blvd. Suite B, Tallahassee, Florida 32308, 850.410.0103, admin@biaf.org) provides a statewide resource for those who meet the criteria of sustaining a Traumatic Brain Injury. The National Brain Injury Associationwww.biausa.org provides the same resource for individuals nationwide who suffer traumatic brain injury. Both of these organizations offer a vast array of resources, including economic aid, support groups, information, as well as medical research specifically related to the topic of traumatic brain injury. Both of these organizations assist individuals who suffer brain injury due to accidents as well as those unrelated to accidents. Our clients in the past have found these organizations exceptionally helpful and an irreplaceable source of comfort during the challenging times that often follow these life-changing events.

 

Proving Brain Injury
Real Case Evidence

This is an animation created by a medical doctor hired by our firm to demonstrate how brain injury results from collapsed lungs and cardiac arrest. This is known as anoxic brain injury.

ATTORNEY PROFILES

GREGORY A. PAGE is a trial lawyer who focuses his practice on complex civil litigation…
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STEVEN S. EICHENBLATT concentrates his practice primarily in the area of personal injury… Read more»