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The most important organ in your body is your brain. Everything you do, see, touch, and think requires a working brain. Any injury that involves your head has the potential to damage this critical but delicate organ, which can affect the rest of your life.
If you have been involved in an accident and suffered a traumatic brain injury, it is essential you contact an attorney right away. The legal team at Morris & Dewett Injury Lawyers will do their best to ensure you get the compensation you need.
Longview, TX
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is any injury caused by an external force to the head. Traumatic brain injuries result from damage to the brain tissue caused by the accident itself and by the body’s response to that damage.
The brain fills about half of the skull volume. The rest is filled with a network of blood vessels and connective tissue which protects and cushions the brain against damage in case of an impact. During a sudden sharp impact — such as hitting your head on the windshield of a car — the brain “sloshes” against these tissues.
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In a closed head injury, the brain bangs against the inner wall of the skull. There can be damage to the cells of the brain, tearing of the blood vessels and tissues protecting the brain, and swelling inside the skull. Unlike a bruise on the outside of your body, a bruise to your brain is dangerous because there is no room for swelling or bleeding.
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In an open head injury, an object penetrates the skull. In addition to the injuries suffered from a closed-head injury, the brain exists in a sterile condition in the skull. A penetrating injury exposes it to deadly germs, as well as causes severe damage to the tissue itself.
Even a “mild” TBI, such as a concussion, can be serious. It is now known that closed-head trauma is cumulative, so multiple “mild” concussions can lead to serious long-term effects.
Closed-head trauma can lead to changes in thinking, mood, ability to speak and communicate, and behavioral disorders. Open-head trauma can result in physical impairment, spinal cord involvement, and organ failure if an infection attacks the nerves.
Causes of Traumatic Brain Injury
Without a trauma, there can be no TBI. Accidents are the primary cause of TBIs, and negligence is a primary cause of accidents. Whether it is a drunk driver, a slippery walkway, or a broken ladder, all accidents have a cause, which can lead to a head injury.
Although TBIs are always serious, the leading causes differ by age group. What is dangerous for an elderly person is less dangerous for a young person, although landing on your head is always hazardous.
Falls
Traffic Accidents
Work-Related Accidents
Falls
According to the CDC, the number one cause of fatal TBIs is falling. Approximately one-third of fatal TBIs are caused by falls, and the majority of those are suffered by adults over the age of 55. Older people are more likely to have balance problems than their younger counterparts and have more difficulty recovering if they slip.
For reasons that are unclear, elderly people tend to fall backward, and younger people tend to fall forward when they lose their balance. This means that younger people are able to break their falls (and their arms) more readily.
Traffic Accidents
About 25% of all fatal TBIs, and half of all survivable TBIs, are due to automobile accidents. The majority of victims in both categories are those between the ages of 15 and 24. This correlates with the age group most likely to die in drunk driving accidents, most likely to speed and violate other traffic laws, and least likely to wear seat belts.
Determining liability in traffic accidents can be difficult, especially with underage drivers. It is critical for all drivers and passengers to wear seat belts, follow traffic regulations, and keep vehicles in good repair.
Work-Related Accidents
TBIs can happen on any job, but some types of work are particularly suited for head injuries. Although falling can happen at any time, from any height, some workers must be especially cautious if they work in:
- Above-ground areas with fall risks: Occupations such as construction, electrical work, or any type of job that has a fall risk could be fatal. Safety equipment must be provided and worn. Defective equipment should be reported immediately.
- Explosive industries: These include mining, blasting, and anything where nitrating is part of the process, such as fertilizer manufacturing. Oil and gas refineries, especially offshore where hospital facilities are hours away, should be extra careful to follow safety procedures to the letter.
- Heavy equipment operations: Large machines are unforgiving to the human body. Automated equipment is only as effective as the nearest shutoff button. Hard hats and protective gear are a must.
When Do I Need TBI Attorney?
Traumatic brain injuries can alter your entire life. We now know that there is no such thing as a “minor” brain injury — even a mild concussion can have long-term effects. You should contact an attorney immediately if you have had a TBI diagnosis or if you believe you may have such a case. Remember, your time is limited.
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In Texas, the statute of limitations is two years from the date of injury to file a personal injury claim. There are some exceptions, but they are rare. Don’t lose your chance to make a claim because you waited to speak to a lawyer.
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You don’t need to wait. In most cases, you need to have your insurance claim denied before you can file a lawsuit (“exhaust your remedies” in legal jargon). Your attorney can help you with the insurance claim and file your lawsuit when the time comes.
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The insurance companies are not on your side. Even your own insurer wants to pay you the lowest sum they can get away with. You should have someone who is looking out for your best interests and able to negotiate for you.
Morris & Dewett Injury Lawyers won’t charge you until your case is done.
If you need a consultation to discuss your case before you make a decision, the call is free.
When you have suffered a serious brain injury, you need to focus on your recovery, not legal matters and insurance forms. The other side has their own legal department to handle things for them. You should have your own attorney at your side to protect your rights.
A traumatic brain injury can impact the remainder of your life. You are entitled to compensation for that injury and for any bills and lost income that may follow you as you rebuild your life.
If you need a Longview brain injury attorney, call Morris & Dewett Injury Lawyers at (318) 221-1508 for a free, confidential consultation about your injury. We will fight for your case and your recovery.