Paoli Traumatic Brain Injury Lawyer

Doctor pointing at brain and neck x-rays

A traumatic brain injury can have lasting physical, cognitive, and emotional effects. If your TBI was caused by negligence, Kingbird Legal will fight to get you the compensation you deserve. Our Paoli traumatic brain injury lawyer is committed to helping victims recover financial support for medical care, lost wages, and long-term needs. Call 484-289-4880 today for a free consultation, and let us help you secure your future.

Concussions and Traumatic Brain Injuries: What You Need to Know for Your Personal Injury Claim

When it comes to personal injury claims, brain injuries are some of the most complex and significant types of harm a person can experience. While both concussions and traumatic brain injuries (TBIs) are often used interchangeably in conversation, they are distinct medical conditions that can have very different implications, both for the victim and their legal claim.

Understanding the differences between concussions and TBIs is crucial for anyone involved in a personal injury claim. The severity of the injury, the medical treatment required, and the long-term effects can all impact the amount of compensation a victim is entitled to receive. In Pennsylvania, where both legal and medical systems are designed to address these kinds of injuries, knowing the difference between these brain injuries and how to approach a claim is key to securing a fair settlement or verdict.

What is a Concussion?

A concussion is a type of mild traumatic brain injury (mTBI) that typically results from a blow to the head, a fall, or a sudden jolt. Concussions are considered mild in comparison to other brain injuries because they usually don’t cause structural damage to the brain. However, just because a concussion is classified as “mild” doesn’t mean it isn’t serious.

A concussion can lead to a variety of symptoms, which may include:

  • Headaches or dizziness
  • Confusion or disorientation
  • Memory problems or difficulty concentrating
  • Nausea or vomiting
  • Sensitivity to light or noise
  • Fatigue or sleep disturbances

Although concussions are often seen as less severe than other forms of brain injury, they can still have significant effects on a person’s health and daily life. In some cases, concussions can lead to post-concussion syndrome (PCS), a condition where symptoms persist for weeks, months, or even years after the initial injury.

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a more severe injury to the brain that usually involves damage to the brain tissue, bleeding, or swelling. Unlike concussions, which are generally considered a functional injury, TBIs often involve structural damage. A TBI can range from mild to severe, with the most serious cases resulting in long-term or permanent impairments.

There are different types of TBIs, which include:

  • Contusions: Bruising of the brain tissue.
  • Cerebral hemorrhage: Bleeding in or around the brain.
  • Diffuse axonal injury: Damage to the brain’s nerve fibers, often caused by a violent shaking or rotation of the head.
  • Penetrating injuries: Injuries where an object, such as a bullet or shard of glass, penetrates the skull and damages the brain.

The symptoms of a TBI can vary widely depending on the severity of the injury and the area of the brain affected. Common symptoms of a TBI include:

  • Loss of consciousness (even briefly)
  • Persistent headache or migraine
  • Difficulty speaking or understanding speech
  • Weakness or numbness in limbs
  • Seizures
  • Personality changes, including mood swings or aggression
  • Loss of coordination or balance
  • Memory loss

Severe TBIs often require intensive medical treatment and rehabilitation, and they can lead to long-term disabilities or even death. For example, a severe TBI might result in partial or full paralysis, difficulty with basic motor functions, or cognitive impairments that require ongoing care.

Concussions and TBIs in Personal Injury Claims

Both concussions and traumatic brain injuries can play a significant role in personal injury claims, but the legal approach to each injury can differ depending on the severity and long-term impact. Whether you’re pursuing a claim related to a car accident, slip and fall, or workplace injury, understanding the differences between a concussion and a TBI is critical to ensuring your claim is handled properly.

The Legal Implications of a Concussion Claim

In many personal injury cases involving concussions, the symptoms may not appear immediately, which can make it difficult to diagnose and treat the injury early on. As a result, victims might initially downplay the severity of their symptoms. However, even mild concussions can lead to complications, especially if they go untreated.

In a personal injury claim involving a concussion, your attorney will focus on:

  • Documenting symptoms: Proving the existence of symptoms and their impact on your daily life is crucial. It is important to report symptoms such as headaches, dizziness, or memory problems to your doctor as soon as they appear. Additionally, keeping a detailed journal of your symptoms and how they affect your work or personal life can strengthen your case.
  • Proving causation: The injury must be clearly linked to the accident or incident that occurred. If you were involved in a car accident, for example, your attorney will need to show that the concussion was a direct result of the crash, supported by medical records and possibly expert testimony.
  • Assessing long-term impact: While concussions are typically considered mild, they can have long-lasting effects if not properly managed. If you develop post-concussion syndrome or suffer from chronic headaches or other cognitive issues, your claim will need to address these ongoing challenges and the impact they have on your ability to work and live a normal life.

The Legal Implications 

Traumatic brain injuries are far more serious than concussions, and as a result, the legal approach to TBI cases is more complex. In a TBI case, your attorney will need to prove the severity of the injury, the immediate medical care required, and the long-term care you will need to manage the effects of the injury.

In a TBI claim, your lawyer will focus on:

  • Medical documentation: Your case will heavily rely on medical records that document the severity of the injury, the treatments you’ve received, and any long-term disabilities you are facing. Your doctor’s testimony will be key to demonstrating the full impact of the TBI on your life.
  • Life-care planning: For severe TBIs, you may require long-term care, rehabilitation, and home modifications. A life-care planner or expert witness can help assess these needs and provide a detailed estimate of the costs involved.
  • Loss of earning capacity: If your TBI has impaired your ability to work, your lawyer will calculate your loss of earning capacity. This includes not only your current lost wages but also potential future earnings if your ability to work has been permanently impacted.
  • Pain and suffering: Severe TBIs can result in significant physical pain, cognitive issues, and emotional distress. Your attorney will need to demonstrate how your injury has affected your quality of life, which may include expert testimony or the testimony of family members or friends.

Comparative Negligence in TBI and Concussion Cases

Pennsylvania follows the modified comparative negligence rule, meaning that if you are found to be partially at fault for the injury, your compensation may be reduced proportionately. For example, if the defendant is found to be 80% at fault and you are found to be 20% at fault, your recovery will be reduced by 20%.

However, if you are found to be 51% or more at fault, you will not be entitled to any compensation.

Paoli Traumatic Brain Injury Attorney – Advocating for Brain Injury Victims

If you or a loved one has suffered a brain injury in an accident, seeking legal counsel as soon as possible is essential. An experienced personal injury attorney can help you navigate the complexities of a concussion or traumatic brain injury claim, ensuring that you receive the compensation you need to cover medical expenses, lost wages, and other costs associated with your injury. Kingbird Legal’s Paoli traumatic brain injury attorney is committed to securing the financial support you need for medical treatment and long-term care. Call 484-289-4880 today for a free consultation, and let us help you seek justice.