Each year, nearly 2 million Americans suffer a traumatic brain injury (TBI). While the vast majority of the injuries are treatable, over 50,000 of the injuries result in the victims' deaths. As you can see, a TBI can be a very serious matter, sometimes requiring lifelong medical care.
Anyone who's suffered a TBI may have a personal injury lawsuit to get money damages to help pay for that medical care.
What's a TBI
A TBI is defined as brain damage caused by:
- A sudden and forceful bump or blow to the head
- An object penetrating the skull and the brain
- A sudden acceleration and deceleration of the head without any physical contact with the head - whiplash is a good example
A TBI may be mild, such as a brief period of unconsciousness. It may be severe, such as suffering a coma or the loss of the ability to speak or move arms or legs. It may even lead to death.
Causes
A TBI may be caused by a number of things, including:
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Falls. Most TBIs are caused when a person falls and strikes his head against something like the floor, a bathtub, or any other hard surface
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Motor vehicle accidents cause many TBIs, such as when a driver or passenger's head strikes the windshield, window, or dash board; a motorcyclist's head hits the street; or a driver or passenger suffers whiplash
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Sports and recreational activities, such as head-to-head contact in sports like football, soccer, and rugby; being struck in the head by a baseball; or hard contact with ground or a tree while snow skiing
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Assault and battery , where the victim's head is struck by another person with a fist or a weapon
The list is endless, really. There's infinite number of ways someone can suffer a TBI.
Who's Responsible?
Sometimes the victim is the only one to blame for a TBI. People take risks or don't pay attention to what they're doing and accidents happen. Sometimes, however, someone else may be legally responsible for your TBI.
For example, when it comes to falls:
- A property owner may be liable. A good example is a slip-and-fall accident, such as when a customer in grocery store slips on spilled liquid on the floor and hits his head on the ground or a shelf
- A manufacturer may be liable for a defective or dangerous product. For instance, a poorly designed bunk bed or high chair can cause a child to fall and suffer a TBI
Many personal injury lawsuits start with motor vehicle accidents. The other driver who causes a wreck by running a red light, speeding, or not paying attention to the road may be liable for your TBI.
Poorly made or designed sports equipment or gear, like a football helmet, may make the manufacturer liable under products liability laws. However, a coach who was negligent or careless in supervising or instructing your child may be liable, too.
Of course, someone who physically assaults you or a loved may face criminal charges. That doesn't mean you can't sue him, though. Practically every state has civil (non-criminal) laws allowing assault victims to file lawsuits against their attackers for money damages.