Traumatic Brain Injury Questions

What is a traumatic brain injury?

A traumatic brain injury (TBI) is physical damage to the brain. This organ is susceptible to damage when the head is struck or violently shaken. The injury may be visible or not. It is not necessary for penetration of the skull to occur for TBI to exist. Trauma refers to structural damage instead of cellular damage caused by poor nutrition, chemical toxicity or atrophy.

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What causes TBI?

The most common cause is accident, with motor vehicle accidents accounting for the majority of cases. For younger people (infants and children) falls are the most common cause.

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What about helmets?

While a helmet used for sports or motorcycle riding will help lessen the risk, TBI can and does still happen – even when an approved helmet is worn. When the head is struck forcefully, the brain can bounce against the inside of the skull, resulting in TBI. A helmet may even disguise the internal injury because there will be no surface bleeding to indicate the force of the blow.

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Is a concussion the same as a traumatic brain injury?

• A concussion is a type of TBI. It is sometimes called a "mild" TBI. More severe injuries will have lasting consequences, up to and including death. Some symptoms of a TBI:
• Nausea and vomiting otherwise unexplained after a blow to the head.
• Dizziness, loss of balance, a sense of the room spinning.
• Vision problems, particularly an inability to focus both eyes on the same object.
• Unexplained sleepiness
• Loss of any sense or numbness
• Headaches
• Mental changes-- including an inability to remember, speak properly, focus on tasks, confusion or mood changes.
• The degree and type of symptom will depend on the injury – consult a physician for a proper diagnosis.

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How do you prove someone has TBI?

Some damage to the brain will show up in an MRI or other PET scan. Other clues might be external swelling or bruising. Damage may be more subtle however and a trained neurologist will often do many task-based tests to determine if the brain is impaired. Part of the diagnosis will often be symptoms reported by the patient or those close to them. A "symptom diary" is a useful aid and will help give an accurate history to your doctor.

Young children who have suffered a blow to the head are harder to diagnose if they cannot report their symptoms. This might require close observation to see any listlessness or other signs.

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Can TBI happen without a blow to the head?

Sometimes the accident isn't observed or the condition causes the person to forget it happened. But TBI doesn't have to result from a specific instance of trauma. Repeated, smaller traumas can accumulate damage over time. Sudden acceleration can also cause TBI, even if the skull doesn't strike anything directly.

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Who can sue for TBI?

The victim of the injury has to file the suit. When they are incapacitated or if they are a minor child, a relative can file suit on their behalf.

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What is a "life care planner"?

Because TBI is a lasting and ongoing medical condition, it is difficult to estimate just what an appropriate settlement should be. A life care planner is someone trained to develop a plan of care and use that to quantify damages. In a sense, they are a medically trained economist. They will examine current and future estimates of costs along with the type of care the victim will need.

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What money can be awarded in a successful TBI suit?

Other than medical bills (including equipment, therapy and transportation), a lawsuit will typically include demands for loss of pay, emotional distress, pain and suffering, loss of quality of life and loss of companionship for affected relatives.

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How common is TBI?

Estimates vary because many people get an injury and do not seek medical help. With luck, their injury is minor and passes with no long lasting effects. About 1.5 million people a year seek medical aid for TBI. Of those, about 3% die and a further 15% are hospitalized.

About 2% of the US population has some long term disability related to TBI.

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I had a concussion, should I be worried about TBI?

Although only a doctor can diagnose and treat TBI, studies show that a previous injury makes someone more likely to get TBI in a subsequent injury. Even if you suffered what could be called "mild TBI" that healed on its own, you may still be eligible to have your medical expenses reimbursed and may benefit from getting an opinion on your case. Symptoms may not show up immediately or the damage might go unnoticed unless a neurologist takes a close look.

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Does shaken baby syndrome cause TBI?

According to the National Institutes of Health, "Shaken baby syndrome is a type of inflicted traumatic brain injury that happens when a baby is violently shaken.  A baby has weak neck muscles and a large, heavy head.  Shaking makes the fragile brain bounce back and forth inside the skull and causes bruising, swelling, and bleeding, which can lead to permanent, severe brain damage or death.  The characteristic injuries of shaken baby syndrome are subdural hemorrhages (bleeding in the brain), retinal hemorrhages (bleeding in the retina), damage to the spinal cord and neck, and fractures of the ribs and bones."

Shaken baby syndrome is a type of child abuse.

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