Traumatic Brain Injury (TBI)

Traumatic Brain Injury (TBI) is typically caused by a sudden physical force to the brain. The human skull has pronounced bony structures on its inner surface, so any impact with these features has the potential to cause serious damage. The greater the force, the more likely it is that such damage can occur. As a result, the brain can suffer tearing and bruising, and depending on the area of the brain that is damaged, a person can experience a wide range of problems.

In TBI cases, damage to the brain is caused when the brain abruptly smashes against the inside portion of the skull, usually as a result of momentum. This can happen when the head impacts an object like a dashboard, windshield, or any other hard surface. This type of injury is referred to as a closed head injury because the skull has not been fractured. Closed head injuries can also occur when the head undergoes a severe forward or backward shaking motion. In either case, closed head injuries can present unique challenges at trial due to the fact that there are usually no external symptoms (such as bleeding or a broken bone) that would indicate the severity of the damages.

Before any personal injury case can be filed, it is necessary to first diagnose what exactly has been injured. Due to the nature of Traumatic Brain Injury (TBI), symptoms may be more difficult to recognize than any plainly obvious external injury. Various symptoms of TBI include:

  • Anxiety / depression / nervousness
  • Memory loss (short term or long term)
  • Difficulty controlling desires
  • Laughter at times where it is not appropriate
  • Excessive moodiness
  • Problems with vision
  • Inability to focus
  • Slurred or slowed speech
  • Headaches
  • Seizures
  • Paralysis or weakness in the limbs or on a particular side of the body
  • Loss of balance / dizziness (vertigo)
  • Trouble sleeping

To measure the extent of the individual's injuries, doctors will sometimes use a Glasgow Coma Scale (GCS). The GCS provides a scale from 3 to 15, 3 being the worst and 15 being the best. Scores ranging from 3 to 8 are the most severe. Patients with scores in that range typically are intubated or must be placed into a medically induced coma. The scale is simple, yet telling as to the individual's injuries. The doctor rates the patient's eye response, verbal response, and motor responses based on the Glasgow Coma Scale and uses the sum of each response's score to determine the patient’s Glasgow score. The GCS looks like this:

Best Eye Response

  1. No eye opening.
  2. Eye opening to pain.
  3. Eye opening to verbal command.
  4. Eyes open spontaneously.

Best Verbal Response

  1. No verbal response
  2. Incomprehensible sounds.
  3. Inappropriate words.
  4. Confused
  5. Orientated and converses

Best Motor Response

  1. No motor response.
  2. Extension to pain.
  3. Flexion to pain.
  4. Withdrawal from pain.
  5. Localizing pain.
  6. Obeys Commands.

As with all personal injury cases, it is essential to prove that the injuries sustained arose from the incident or accident you were involved in. One of the most difficult aspects of a Traumatic Brain Injury case is that the brain damage cannot always be visibly confirmed. As such, complex medical evaluations must be heavily relied upon to illustrate that the client has sustained the injuries claimed.

In cases involving Traumatic Brain Injury, it is essential that measures be taken promptly to preserve evidence, to prove the nature and extent of your injuries, and to enable expert medical witnesses to evaluate you and your records. If you or a loved one has suffered what you believe may be a Traumatic Brain Injury, contact us online or call us at (714) 542-5100 to set up a FREE consultation to discuss your legal options.