Traumatic Brain Injuries
Posted 10-5-2010
People who are injured in an accident can suffer many different kinds of injuries. Among the most serious, as well as the hardest to diagnose and treat, are so-called traumatic brain injuries (THIs), sometimes also known as "closed head trauma."
Even a relatively minor TBI can cause the victim to suffer serious problems.
TBIs send more than 400,000 people to the hospital for treatment each year, three-quarters of whom are males between the ages of 15 and 34. This group is over-represented because of the lifestyle that many of the accident victims lead: riding motorcycles without a helmet, participating in dangerous sports, drinking too much, and getting into car accidents. Although the majority of these injuries are moderate to mild, even a minor TBI can cause the victim to suffer serious problems.
Difficulty Treating TBIs
The problem with treating TBIs is that many doctors are not adequately trained in the neuroscience of head injuries and are unable to properly diagnose the injury when it occurs. Although most doctors are capable of recognizing serious TBIs (such as those that put a victim in a coma), the less debilitating TBIs are more difficult to diagnose because there are often few outward signs of the internal injury'. This misunderstanding
of the effects of moderate TBIs has a number of serious negative consequences.
The primary problem is that people who suffer such TBIs often do not receive the appropriate treatment.
The long-term effects of a TBI can include many and varied symptoms, often related to brain function, including seizures, headaches, dizziness, and problems with memory and concentration.
However, TBIs can cause other symptoms not commonly associated with the brain, including loss of motor control, fatigue, depression, speech disorders, anxiety, sexual dysfunction, and a short temper, as well as an increased chance of getting lost or becoming agitated.
Given the variety of symptoms and the difficulty some doctors have connecting them to the TBI, treatment is often delayed or not provided at all, and the patient continues to suffer, often unaware of
the cause of his problems. Even when a TBI victim has been correctly diagnosed, the variety of symptoms can make treatment expensive and difficult.
Another problem that arises is proving that the symptoms are related to the TBI that the accident victim suffered. Because doctors are often slow to diagnose the connection, proving that a TBI has caused the symptoms that a person describes to the jury in court can be difficult.
Compounding the doctor's slow diagnosis, many of the people who serve on juries have trouble believing that a head injury can cause so many different problems, not all of which are related to the victim's brain function. All of these factors make a full recovery of damages that a TBI victim has suffered more difficult.
Lessons Learned
Several lessons can be drawn from this. If you have suffered a TBI, even a minor one, and are suffering from symptoms that you never suffered before being injured, stay on top of your healthcare providers. While not all symptoms that a person may suffer are necessarily caused by a TBI, the range of symptoms is great and it may take some time to get a correct diagnosis.
If you are involved in a lawsuit where the plaintiff suffered a TBI, be sure to retain qualified counsel to help you present what can be a difficult and complex case. This way you can be sure that you are fully compensated for all of the injuries that you have suffered.
After the Injury
Victims of brain injuries will receive care from a wide range of professionals. Realizing the diversity of these providers is essential to understanding the gravity and magnitude of TBIS. The range of professionals who may have to be consulted illustrates the breadth of disability that a survivor must endure.
Perhaps the most important of these professionals is the neurologist. This doctor specializes in the medical treatment of the nervous system: the brain, spinal cord, nerves, and muscles. A neurologist makes an initial evaluation, diagnoses the injury, and consults on immediate medical care for the patient to follow.
Other professionals involved with individuals who suffer brain injuries include:
Neuropsychologist - Physical Therapist, Respiratory Therapist - Speech Pathologist - Occupational Therapist - Cognitive Therapist - Educational Therapist - Vocational Counselor - Social Worker, Therapeutic Recreational Specialist - Rehabilitation Case Manager.
Personal Injury and Recalls
Posted 8-19-2010
Toyota has received a lot of press lately for failing to act quickly to recall cars with accelerator problems, but it is
not the only company that needs to learn the importance of recalling defective products promptly. A recent case involving
Caterpillar illustrates this point.
The case involved a tractor driver who was thrown from the seat of a Caterpillar tractor and was forced up against
the machine's frame. As a result of this, he suffered broken ribs, a punctured lung, and spinal injuries that have left
him paralyzed from the waist down.
According to Caterpillar, the worker fell from the machine because he was driving in an unsafe fashion
and hit a bump, causing the machine to malfunction. However, an eyewitness testified that the driver was not
driving too fast, and pictures of the site did not show a bump.
What the evidence did show is that Caterpillar knew of a mechanical flaw in the tractor that could
cause it to suddenly downshift from sixth to second gear, and had been aware of the problem for years.
Internal memos also showed that Caterpillar sought to delay a recall to address the problem and then sought
to fix only certain parts rather than the whole system, in an effort to keep costs down.
The jury was unimpressed by Caterpillar's attitude toward the safety of people using its product and found it 90%
responsible for the worker's injuries. Based on this determination, the jury returned a verdict of almost $16 million
for medical expenses, lost wages, and suffering, and more than $40 million in punitive damages.
To learn more about your legal rights, contact The Martin Law Firm, a
Houston personal injury attorney at 281-893-0777
Motorcycle Accidents
posted: 7-13-2010
People choose to ride motorcycles for a variety of reasons. In fact more and more people are choosing motorcycles as their method of transportation. In addition to being a fun and economical ride, they can also be dangerous. Motorcycles do not offer their riders the same protection other automobiles and other motorists often have difficulty seeing and anticipating motorcycles, which leaves the rider prone to serious and often life threatening injuries.
Therefore it is important for motorcycle riders to be aware of their legal rights if they are involved in a motorcycle accident. Often, the laws regarding motorcycles differ with respect to automobiles, so it is important to consult with a motorcycle accident attorney immediately follwing an incident.
Risks for Motorcycle Riders
After reviewing the following statistics, the need for motorcycle riders to protect their rights of recovery after an accident is apparent.
- In two-thirds of motorcycle accidents involving another vehicle, the driver of the other vehicle violated the motorcycle rider's right of way and caused the accident.
- Motorcyclists are about 26 times more likely to die in a crash than someone riding in a passenger car, and are 5 times as likely to be injured.
- Per mile traveled in 1998, motorcyclists were about 16 times more likely than passenger car occupants to die, and about 3 times as likely to be injured, in a motor vehicle crash.
To learn more about your legal rights, contact The Martin Law Firm, a motorcycle personal injury attorney at 281-893-0777
