Traumatic Brain Injury (TBI) refers to sudden damage that is caused by a blow to the head or a jolt. A car accident TBI injury will disrupt the normal functioning of your brain causing amnesia, loss of consciousness, bleeding, torn tissues, and bruising. There may be two kinds of injury that may occur after a car crash: primary injury and secondary injury.

Primary injury has an immediate impact on the injury causing damage. This kind of injury affects a specific brain lobe and even may affect the entire brain at times. In some other scenarios, the skull can also be fractured.  

Secondary injury occurs when the brain undergoes delayed trauma in which the oxygen supply may be less in the blood and brain swelling may occur. Secondary injuries are more dangerous in comparison to primary injuries. 

If the brain trauma has been caused due to the negligence of another party, it may cause extreme damage for which you need to file an injury lawsuit. An experienced car crash attorney may be able to help you in knowing whether you have a viable case and how much compensation you may receive after filing a car accident claim.

Can I Sue For TBI After A Car Accident?

Yes, the victim can sue for traumatic brain injury (TBI) after a car crash only if the accident was caused owing to the negligence or wrongdoing of someone else.

To file a personal injury lawsuit, you need to prove that the other driver must drive safely and have breached that duty by acting negligently. If the liability is of another driver, they need to provide compensation for the damages. Moreover, it is the other driver’s negligence that caused the TBI. The victim also needs to prove the severity of the damages, which includes lost wages, medical expenses, and pain and suffering, to pursue compensation.

To prove negligence, you must collect significant evidence, including witnesses’ statements, expert testimony, police reports, and medical records. Sometimes, it gets challenging to determine negligence in truck accident cases. The insurance company may try to compensate you for your damages without going to court. 

TBI After Car Accident Statistics In The US

According to the CDC, in the United States, there are about 50,000 people who die due to TBI-related cases. Approximately 80,000 to 90,000 experience long-term disability due to TBI. Approximately 1.5 million Americans have survived traumatic brain injury on an annual basis with which nearly 230,000 got hospitalized.

According to the American Association of Neurological Surgeons, nearly 50% to 70% of traumatic brain injuries are caused by motor vehicle crashes. Sometimes, instead of TBI, falls become a common cause of injuries. On an estimation, nearly 5.3 million people in America are experiencing permanent brain injury.

Types Of Accidents Cause A Traumatic Brain Injury

Brain damage after a car accident may depend on several factors, such as the nature of the injury and the force with which it is caused. Some common collisions that may lead to brain trauma are:

  • Motor vehicle accidents: Accidents that involve cars, motorcycles, trucks, bicycles, and pedestrians may lead to traumatic brain injury to the passengers, walkers, and drivers. In extreme cases, it may even lead to wrongful death. 
  • Sports injuries: Some sports that may cause brain trauma are soccer, baseball, boxing, hockey, and others. Sports injuries are mostly found in youth. 
  • Blasts: Blasts can result in TBI and generally affect military personnel and veterans. The brain functioning gets affected as the pressure wave of an explosion crosses the brain. 
  • Falls: Falls can affect every age group, such as young adults and older people, and can cause brain injury.
  • Assaults: Physical assaults, gunshots, and other violence can also cause traumatic brain injury.

Some other causes of TBI include penetrating wounds, severe blows, and collisions with objects.

Symptoms Of A Traumatic Brain Injury

The symptoms of TBI can range from mild to moderate and severe. However, it may vary depending on the impact and force of the crash. In some cases, symptoms may begin to appear immediately after the collision, whereas in others, it may take months or years.

Mild brain trauma symptoms are  

  • Light-headedness
  • Headache 
  • Memory loss
  • Blurred vision
  • Fatigue
  • Mood or behavioral changes

Some brain injuries may cause life-long impairment. In such cases, the cognitive and psychological functioning of the brain is affected. Other symptoms of brain injury are:

  • Convulsions
  • Seizures
  • Dilation of the pupils of the eyes
  • Inability to awaken from sleep 

Fundamental Types Of Traumatic Brain Injuries

Fundamentally, brain injuries may be categorized into two:

  • Closed brain injury
  • Penetrating brain injury

Closed brain injuries: They occur when there is no breakage in the skull. It means that no penetrating injury has happened in the brain. The brain shakes violently in this type, leading to forward and backward movement. Extreme sports can cause this type of injury, falls, and car accidents. 

Penetrating brain injury: These types of injuries are also called open-head injuries. In this type, an object penetrates the skull, resulting in brain damage. 

Other types of TBIs are concussions, contusions, diffuse axonal injury, hematoma, and traumatic subarachnoid hemorrhage.

Who Is At Risk For Traumatic Brain Injuries?

People who are most at risk of brain damage from car accidents are children. They may be newborns to 4 years, youth from 15 to 24 years, and 60 and older. 

What Damages Can You Pursue In a TBI Lawsuit?

The injured party can pursue economic and non-economic damages from the liable party or parties. Depending on the severity of your injury case, you may be eligible to pursue compensation for the following:

  • Present and future medical expenses
  • Rehabilitation expenses
  • Long-term treatment expenses
  • Lost wages
  • Diminished earning capacity
  • Property damage
  • Pain and suffering

To seek compensation in a brain injury lawsuit, you must prove that:

  • You are suffering from a brain injury
  • You do not have a pre-existing injury
  • Your injury was caused due to the negligent action of another entity or person

Contact An Attorney If You Have Been a Car Accident Victim

An experienced car accident lawyer will gather evidence to strengthen your accident claim and represent you in court. They will also help to negotiate with the insurance companies and understand the legal complexities.