Head Injuries/Traumatic Brain Injury

Head injury is the third most common cause of death in the U.S. and is only exceeded by heart attack and cancer (U.S. Department of Health Education and Welfare, 1974).

Although the incidents of head injury are highest amongst persons aged 15 to 25, it still exceeds stroke as a major cause of death.

A closed head injury is an injury to the brain that is not caused by a penetrating wound. A blow or a car crash may cause a closed head injury.

Head injuries are classified in a number of ways, most commonly referred to as acceleration and deceleration injury. Acceleration is when the head is struck by a rapidly moving object. A deceleration injury occurs when the head is moving rapidly and strikes a fixed or solid object.

Evidence has shown that these sudden injuries to the brain can cause a tearing effect on brain tissue and can cause cognitive problems.

Traumatic brain injury (TBI) is the term used to describe the damage to the brain suffered as a result of a sudden physical force. The human brain consists of billions of microscopic fibers suspended in cerebrospinal fluid. While the exterior skull is smooth, the inner surface contains ribbing and pronounced bony structures. Impact with these inner surfaces of the skull causes tearing and bruising that results in brain damage.

Injuries occur when the momentum of the brain causes it to impact against a skull that has been decelerated. Typically, TBI is caused by the impact of the head with an object, such as hitting a windshield or the dashboard of a car. In such cases, the injury is considered to be a closed head injury. Closed head injury also may occur when the brain undergoes a severe forward or backward shaking, such as with infants who are mishandled, or in cases involving whiplash suffered during an automobile accident. TBI can also be caused by a penetrating head injury, whereby an object such as a bullet penetrates through the skull and into the brain. Closed head injuries present unique challenges in litigation since they often will demonstrate no obvious external symptoms of injury, even though the damage to the brain can be severe. TBI does not refer to brain injuries or defects that are hereditary, congenital or degenerative, or induced by birth trauma, toxic substances, or disease-producing organisms.

Of the 1.4 million who sustain a TBI each year in the United States:

  • 50,000 die;
  • 235,000 are hospitalized; and
  • 1.1 million are treated and released from an emergency department.

The Centers for Disease Control and Prevention estimates that at least 3.17 million Americans currently have a long-term or lifelong need for help to perform activities of daily living as a result of a TBI.

According to one study, about 40% of those hospitalized with a TBI had at least one unmet need for services one year after their injury. The most frequent unmet needs were:

  • Improving memory and problem solving;
  • Managing stress and emotional upsets;
  • Controlling one's temper; and
  • Improving one's job skills.

TBI can cause a wide range of functional changes affecting thinking, language, learning, emotions, behavior, and/or sensation. It can also cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age.

In all head injury or traumatic brain injury cases, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries.  If you or a loved one is a victim of a head injury, call Crary, Clark & Domanico now at (509) 926-4900 or Click Here to Submit a Simple Case Form. The initial consultation is free of charge, and, if we agree to accept your case, we will begin work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.  Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitation expires.