Chicago Traumatic Brain Injury Attorneys

Traumatic Brain Injury – TBI Lawyers in Chicago, IL

Not only is a traumatic brain injury devastating to you or your loved ones, but the medical costs can debilitate you financially.

Just as the brain is a complex part of the body, so are the complications that result after such trauma. Statistically, almost everyone will experience an injury to their head in their lifetime so learning to recognize the signs of serious head injury is vital. According to the Center for Disease Control, in 2010 approximately 2.5 million people in the United States suffered a traumatic brain injury. Such brain injuries are a contributing factor in 30.5% of all injury-related deaths and cause a substantial number of serious disabilities. While there are a number of causes, TBI is often the result of a car accident.

What is TBI

TBI stands for Traumatic Brain Injury. It occurs when an external force causes brain dysfunction. It is often the result of a jolt to the head or a violent blow. If an object penetrates the skull, this also can cause a TBI.

It continues to be a major cause of disability and death around the world.

Traumatic Brain Injury Symptoms

Symptoms of traumatic brain injury vary from person to person. The outcome can range from complete recovery to permanent disability and even death.

Recognizing the signs and symptoms of traumatic brain injury can help save a person’s life. Watching for the signs or behavioral changes after the trauma is vital. These include:

• Loss of consciousness, even for a few seconds
• Memory lapses, difficulty concentrating, or slowness in thinking
• Nausea or vomiting
• Dizziness, confusion, or fogginess
• Loss of balance
• Persistent headaches or headaches that worsen
• Sensitivity to light or sound
• Fatigue or drowsiness
• Difficulty sleeping or sleeping more than usual
• Feeling depressed or anxious
• Sensory problems, including blurred vision, ringing in the ears, or a bad taste in the mouth.
• Seizures or convulsions
• Slurred speech
• Unequal pupil size
• Pupil dilation in one or both eyes
• Weakness or numbness in the fingers or toes
• Agitation, combativeness, or other unusual behavior
• Clear fluids draining from the eyes and nose

If you notice any of these signs, seek immediate medical treatment!

TBI is classified into mild, moderate, and severe. The severity of the injury is classified by looking at the victim’s level of consciousness based on the verbal, motor, and eye-opening reactions when stimulated.

Football and TBI

Football is increasingly in the news as we approach the Super Bowl on February 2nd. But in recent memory, the NFL has been under increased scrutiny due to the controversy surrounding their treatment of and knowledge of TBI. Some high profile suicides of former NFL players have called attention to the possibility of neurological conditions caused by repeated blows to the head, regardless of whether the player was wearing a helmet. The NFL also settled a class action suit by former players alleging similar brain injuries. The documentary “League of Denial” opines that the NFL knew about the danger to players, and yet did nothing.

Soldiers and TBI

Another at-risk population for TBI is soldiers. In warfare, firearms are often employed, but in modern warfare against poorly-equipped insurgents, it is increasingly common for American soldiers to come into contact with improvised explosive devices. These devices are often placed at roadsides, to overturn or destroy military vehicles, or to combat those walking on the ground. If an explosive goes off far enough away not to maim the body, but close enough to propel the body away, the brain can collide with the skull very hard. This can easily cause brain injury so severe that it can affect the soldier’s life forever.

Your Rightful Compensation for TBI

An insurance company will rarely offer someone without a reputable personal injury lawyer a full and fair settlement. Keep in mind that insurance companies make billions of dollars by collecting as much as they can in premiums from ordinary people, then paying out as little as possible when claims are made. Their tactics of denying, delay, defend have been a mainstay after an accident for many, many years.

We determine your fair settlement based on several factors:

• past and future medical bills
• rehabilitation
• lost earnings
• loss of earning capacity
• disfigurement
• pain and suffering
• disability
• loss of a normal life
• changes in your relationships with your loved ones.

We determine this at the appropriate time, on our client’s timetable, not in the insurance company’s.

The persistent symptoms that accompany a brain injury can cause continuous mood disorders.

Traumatic brain injuries can be life changing. From causing permanent physical disabilities, to leaving the victim with serious cognitive problems, TBIs can affect the person’s life in many ways. Traumatic brain injuries that result in persistent post concussive symptoms can also lead to significant mood disorders in the victim. Persistent symptoms that accompany a TBI can cause continuous mood disorders such as depression, irritability, and anxiety. In this post, our Chicago brain injury lawyer will discuss the various mood disorders that a TBI victim can suffer.

When TBI symptoms such as concentration problems, cognitive problems, difficulty completing tasks, memory problems, physical pain including muscle pain and headaches, and difficulty getting along with others continue and persist, mood disorders can occur. Some of the common mood disorders that can result include:

Anxiety

Traumatic brain injuries are life threatening injuries that can cause stress and anxiety. Common symptoms of anxiety include worry and fear, and difficulty sleeping that can lead to aggravation of existing problems such as memory problems, difficulty concentrating, difficulty multitasking and difficulty completing tasks. Anxiety can cause confusion and panic attacks. Anxiety can also cause fear and the victim may start worrying excessively about the future, and may be unable to interact with people socially.

Depression

Persistent TBI symptoms can cause depression, which is a condition characterized by feelings of despair, discouragement and sadness. Sadness that lasts a long tome can cause loss of enjoyment in all activities and it can lead to major depression. Some other symptoms can include loss of concentration, feelings of guilt or worthlessness, decreased energy, sleep problems and loss of appetite.

There are various factors that can contribute to development of depression after a traumatic brain injury. Some of the common causes include:

• Emotional response to the traumatic brain injury is a common cause of depression. The patient often struggles to adjust to disability, role changes within society, and other losses.
• Traumatic brain injury can also cause physical changes in the brain. If the injury occurs in the area that controls emotions, it can cause depression. Changes in the levels of neurotransmitters, the natural chemicals in the brain can also cause depression.
• Other factors unrelated to the TBI such as high risk of depression due to hereditary factors, family history, and other factors that were present before the injury can also contribute to the development of depression.

Irritability

Anger and irritability are common among TBI victims. The patient may blow up at the slightest of thing and may have zero tolerance. TBI victims tend to become more angry or irritable, because they find it more difficult to slow or stop emotional response to things. Due to the fact that TBI patients are often unable to control emotional responses to problems, they can become severely irritable. Anger and irritability can also arise from frustration of not being able to concentrate, multitask or do things that they could do before the injury.

Due to the adverse effects that these mood disorders can have on a person’s life, it is important that anyone suffering from a TBI consult a psychiatrist or clinical psychologist so that proper medication and treatment can be prescribed. Timely treatment can help overcome the many symptoms of these mood disorders and can greatly enhance the quality of life for the patient.

Traumatic Brain Injury Vs. Post-Traumatic Stress Disorder

Let’s first look at a brief definition of these conditions to see how they are distinct from each other. TBI is a neurological injury caused by a physical blow or jolt to the head, while PTSD is a mental disorder that can develop after a shocking, scary, or dangerous experience.

People with TBI do not necessarily end up developing PTSD. In fact, many cases of TBI are mild and can quickly heal by themselves or with simple treatments like ice packs. A small, temporary concussion is an example of mild TBI.

Likewise, PTSD is not necessarily caused by a physical trauma to the brain. A person may develop this disorder even without getting hit in the head, just as long as the experience is distressing enough to affect his or her mental health.

How TBI And PTSD Are Connected

The symptoms of traumatic brain injury and post-traumatic stress disorder often overlap. Most common of these overlapping symptoms are:

• Difficulty in cognitive functions (thinking, memory, mental focus)
• Fatigue
• Insomnia
• Anxiety
• Depression

These two conditions may also share the same cause – that is, a single event may result in both physical and mental trauma to a person. Car accidents, assaults, and shootings are some examples of such events. A study among returning military veterans showed that those with mild TBI were 44 percent more at-risk for PTSD.

What This Means For Accident Victims

After an accident, it is normal to feel dazed or bewildered. But if your head was struck or violently rocked back and forth during the incident, and if there are lingering symptoms of head injury afterwards, it is crucial to consult a doctor. You may have a traumatic brain injury, and your experience may have left you vulnerable to PTSD.

TBI Victims at Increased Risk of Suicide

Car accidents, slips and falls, and other types of accidents can lead to head injuries or concussions. Concussions are considered a mild traumatic brain injury (TBIs) and they can happen to anyone, anywhere. Even minor accidents causing mild concussions can cause certain changes in brain activity, without the injured even being aware of the injury.

According to research published in the Canadian Medical Association Journal, there is a link between concussions and cases of suicide. The research indicated that those who have had head concussions are three times more likely to commit suicide caused by depression. The research also showed that suicide was higher among those who had a concussion on a weekend. According to the Center for Disease Control and Prevention (CDC), suicide ranks 10th among the leading causes of death in the U.S.

The Link Between Suicide and Concussion

Researchers looked at data covering a 20-year period, from a healthcare insurance database covering 235,000 individuals in Ontario, Canada, who experienced concussions. These individuals did not have any underlying psychiatric problems, previous attempted suicide, or had been hospitalized before. In order to understand demographic influences, the researchers drew comparisons between those experiencing concussions on weekdays and those on weekends.

The research results showed that over the course of nine years, about 667 individuals had committed suicide, out of which 519 had concussions on a weekday and 148 on weekends. The research concluded that the average time between suffering a concussion and suicide was about six years.

Research Findings

The research also showed that though weekday concussions resulted in about three times higher rates of suicides, weekend concussions showed four times higher rates of absolute risks of suicide. The reason for the higher chances of suicides in weekend concussion cases is due to the fact that these usually happen during recreational activities and these victims tend to ignore their injuries. Concussions happening on weekdays often take place at the workplace, where proper treatment protocol is followed. Weekday concussion cases have a better chance of immediate diagnosis and receiving treatment.

Regardless of demographic considerations, the research proved that risks of suicide were independent of psychiatric conditions. In another study conducted more recently in 2014, TBI victims were two times more likely to commit suicide than healthy individuals.

These studies show that medical practitioners should consider these findings serious enough to incorporate proper assessments and treatments for future TBI patients, where the possibility of psychiatric conditions such as depression in TBI patients are monitored and treated accordingly. Suicide is a complex issue and what can compel an individual is unique to the circumstances an individual faces. However, precaution exercised for TBI patients can help reduce the risk of suicide.

Brain Injuries in Children

Brain injury is a leading cause of disability and death for children in the U.S. and affects over 62,000 children each year. When a child suffers a traumatic brain injury (TBI), the full impact of cognitive and other impairments may not be fully understood until months or even years after the injury. The damage from a TBI may evolve over the hours and days after the impact, so an early diagnosis is important. Common causes of TBI are:

• motor vehicle accidents
• slip and fall accidents
• sports and recreational accidents
• acts of assaults and violence

An infant may suffer a brain injury due to a doctor’s failure to monitor the developing fetus during pregnancy and childbirth. A lack of oxygen to the brain or any traumatic injury caused by the use of assistive devices, such as forceps, can leave a child permanently impaired.

Statistics on TBI in Children and Adolescents

The incidents of TBI in children and adolescents is high. In fact, traumatic brain injuries are the leading cause of death and disability in children and adolescents, according to the Centers of Disease Control of Prevention (CDC). The age groups that are at highest risk of suffering a TBI are 0-4 years and 15-19 years. Approximately 62,000 children and adolescents belonging to the age group 0-19 years will suffer brain injuries that require hospitalization annually. On an average, 2,685 deaths are reported in the age group of 0-14 years. Automobile accidents and sports injuries are responsible for the largest percentage of TBIs followed by child abuse. As many as 1,300 children suffer serious or even fatal brain injuries from child abuse each year.

For the purpose of the study, long term data of cases in which the patients has suffered at least one mild TBI or concussion were analyzed by researchers from University of Oxford, United Kingdom. The patients, born between 1973 and 1985, were on an average of 13 years when they sustained injuries. After the reached the age of 26 years, they were followed for around 8 years.

The researchers found that TBI was linked to psychiatric treatment, premature death and low educational achievement. It was also found that these individuals were more likely to become dependent on public assistance such as disability and welfare. Among these individuals, the risk of being diagnosed with some psychiatric disorder in the adulthood was 10% and the chance of premature death was 2%. The chances of these individuals requiring hospitalization for a psychiatric disorder in adulthood were double compared to their siblings who did not suffer a TBI when young. They were 80% more likely to become dependent on TBI compared to their siblings.

The authors noted that the causal relationship between TBI exposure in childhood and impairments in adulthood is clear, so preventive strategies targeted at children and adolescents are necessary.

Children and Brain Injuries from Football

What is happening, exactly, to the brains of our children who play tackle football? When do brain traumas become irreversible? If our children are exposed to hundreds of low-level head hits (sub concussive hits) during a football season, what, if any, damage is caused? No one really knows. That’s the point here – there are still many unknowns.

Though there has been a lot of recent media attention given to NFL players with brain injuries, there has been very little media attention regarding brain injuries in younger football players and children. However, there are bone chilling findings in children’s brains who play football. CTE has been discovered in high school football players who had suffered multiple head traumas.

Why isn’t the media talking about our children? Why don’t parents realize that their children could be increasing their chances of various types of brain damage later in life every time he butts heads with another player? Are parents unknowingly subjecting their children to irreversible brain injuries that only manifest years later with side effects such as memory loss, depression, rage, impulsive behavior and early dementia, to name but a few?

Stories of Brain Injuries in Children

• Not long ago, a 10-year-old youth football player died as a result of a head injury. He collapsed during a kickoff drill. His coaches said there was no contact at the time, although he was involved in normal contact earlier in practice.
• An eighth-grade boy collapsed while playing a football game. He was tackled on the field. He got up, walked to sidelines, and then collapsed. Sadly, he died the next day. The autopsy revealed that the boy died from a head trauma.
• A high school football player ended up in the hospital with a severe brain injury. After watching a tape of the football field, no out of the ordinary events popped out to highlight when the injury could have occurred.
• Most recently, a college football player died less than a week after he collapsed at football practice between routine drills. The cause – uncontrollable brain swelling.

Children’s brains are more vulnerable to injury than adult brains. So when my son, now nine years old asked me if he could join tackle football next year, I had to say “Sorry Son. Choose a different sport.” As much as he likes football and as much as I would like to be on the sidelines watching him, I don’t want my son to play, not when there is increasing medical evidence of repetitive head trauma causing chronic brain injury and even death.

The Next Steps

If you have a child who has been diagnosed with a brain injury, understand that you do not have to face this difficult challenge alone. There is help available and you can take these proactive steps:

1. Speak to your child’s doctor to determine the level of disability your child is likely to face.
2. Survey your home to determine the types of improvements that may be necessary to accommodate your child’s needs and disabilities.
3. Speak with a Chicago traumatic brain injury lawyer to determine if you are entitled to seek compensation to cover your child’s medical costs and other-related expenses.

Brain Injuries that Occur During Childbirth

When a child’s brain is negligently deprived of oxygen during labor, delivery, or pregnancy, it may give rise to a medical malpractice lawsuit. Birth injuries can leave a child with conditions such as mental retardation, cerebral palsy, deafness, learning disabilities, blindness, or seizures. Oxygen deprivation that causes brain injury may arise from any of the following:

• maternal infection
• compression of the umbilical cord
• uterine rupture or placental disruption
• preeclampsia or maternal high blood pressure
• breeched vaginal position of the baby
• failure to timely perform an emergency C-section
• improper dosage or administration of labor-inducing drugs or epidural
• fetal macrosomia

Brain Injury and Medical Malpractice

An error in diagnosis or treatment of a serious medical condition can result in a medical malpractice lawsuit. Causes of brain injury in children and adults involving medical malpractice include:

• anesthesia errors
• medication errors
• surgical errors
• emergency room errors
• radiology errors

A delay in diagnosis or treatment of certain medical conditions increase the risk of a TBI:

• cardiac arrest
• stroke, blood clot, or aneurysm
• spreading infection or abscess
• encephalitis or meningitis
• hydrocephalus
• internal bleeding
• diabetes, insulin shock, or diabetic coma

There are several other causes of TBI and other errors and acts of negligence involving treatment and care that can give rise to a medical malpractice lawsuit. For example, when a hospital or nursing home patient falls and suffers a TBI.

Seeking legal help in a traumatic brain injury case

TBIs are often life-changing, and are also among the most expensive injuries. Patients often require lifelong treatment and care, and the costs can run into millions. If your TBI is a result of another person’s negligence, you should hold the responsible person or party responsible for your losses. To ensure that your legal rights are protected, it is in your best interests to speak with an experienced Chicago personal injury attorney about your case. At Willens & Baez we have a proven track record of success helping victims of brain injuries in Chicago. Call Willens & Baez us today at (312) 957-4166 for a free consultation.