Traumatic Brain Injury

5 Most Common Causes of Traumatic Brain Injuries

Traumatic brain injury (TBI) is one of the leading causes of death and serious injury in the United States. According to the Centers for Disease Control, TBIs contribute to approximately 30% of all injury-related deaths. TBI claims the lives of over 50,000 individuals annually, which equates to an average of roughly 153 TBI-related deaths each day. Another 80,000 to 90,000 individuals experience the onset of a TBI-related disability each year.

TBI is a unique condition in that it manifests itself differently in each individual case. The affects of this condition can last anywhere from a few days to a lifetime, and TBI also tends to have a major impact on those closest to the person who suffers from it. In more severe cases, family members are often thrust into a caregiving role to help manage the condition.

What is TBI?

Traumatic brain injury is caused by a jolt, bump, or blow to the head that causes a disruption to the normal brain function. Not every jolt, bump, or blow to the head causes TBI, and the severity of the condition varies with each individual case. In its mildest form, TBI results in a concussion, which may last only a few hours or maybe a couple of days. This commonly occurs in contact sports such as football and boxing, when a blow to the head causes the participant to suffer a mild concussion. More severe forms of TBI can result in a wide range of symptoms, and in many cases, these symptoms are ongoing and continue indefinitely.

Symptoms of TBI

Some of the most common symptoms of TBI include:

  • Dizziness and Loss of Balance
  • Ringing in the Ears
  • Nausea and Vomiting
  • Severe Headaches
  • Blurred Vision
  • Slurred Speech
  • Memory Loss
  • Difficulty with Focus and Concentration
  • Tiredness and Fatigue
  • Sleeping more than Usual
  • Seizures
  • Mood Swings
  • Depression and Anxiety
  • Agitation and Irritation
  • Risky, Impulsive and/or Unusual Behavior
  • Dementia (in the most severe cases)

Most Common Causes of Traumatic Brain Injury

There are several types of injuries that can result in TBI, here are some of the leading causes include:

  • Falling: Falls are the leading cause of TBI, accounting for almost half of all cases. Slips and falls happen every day, and in many cases, they only cause minor scrapes and bruises, or no injuries at all. Sometimes, however, falls can be more serious, and when someone lands head first, they can suffer a severe blow that may result in a brain injury. Slips and falls can occur almost anywhere, and when they result from the negligence or reckless actions of another party, the victim may be entitled to compensation for their injuries.
  • Being Struck in the Head: Being struck by/struck against events are the second-leading cause of traumatic brain injury. This can happen because of falling objects striking an individual in the head, or from being slammed against a hard surface.
  • Motor Vehicle/Traffic-Related Incidents: Auto accidents and accidents involving a vehicle and a motorcyclist, bicyclist, or pedestrian are the third-leading cause of TBI in the U.S. The impact of a hard collision can cause a severe jolt or blow to the head, which results in major head trauma. Those involved in vehicle-related accidents do not always feel the affects of TBI immediately. Oftentimes, the symptoms begin to show up during the hours, days and weeks following the event.
  • Violence: Various forms of violence are the fourth-leading cause of traumatic brain injury. These may include assault and intentional self-harm (e.g., suicide). Children younger than four years old are especially vulnerable to TBI from violent blows to the head. Sadly, many of these injuries occur because of domestic violence.
  • Others: There are a number of other events that can result in TBI. Examples include fires, explosive blasts, combat-related injuries, and head injuries from high impact sports (e.g., football, boxing, hockey, etc.) and extreme sports (e.g., skydiving and cliff diving).

Suffering from TBI? Contact an Experienced Virginia Personal Injury Lawyer

If you or a loved one has suffered a traumatic brain injury and you believe it resulted from the negligent actions or omissions of another party, you may have a right to compensation. Before accepting a lowball settlement from an insurance company, it is important to speak with a skilled accident injury attorney, so you fully understand your rights and legal options.

At Schilling & Esposito, we have several decades of experience representing victims of TBI and all other types of personal injuries. We have a successful track record with even the most complex injury cases, and we routinely go up against well-funded adversaries, such as large insurance companies and their armies of high-priced lawyers. We work closely with our clients, providing moral support and strong legal guidance throughout each step of the process. For a free consultation with one of our attorneys, contact our office today at 804-261-1001, or send us a message through our online contact form.

Accident with Injuries

How are Damages Calculated in VA Accident Cases

When someone is seriously injured in an accident, it can be a life-altering event for victims and their loved ones. Medical bills start to pile up, and if the injured party is the primary breadwinner in their household, time missed from work can put a major financial strain on everyone involved. If the accident results from the negligence or reckless actions of another party, the injury victim should be compensated for their losses. This is commonly referred to as “damages”.

There are several different types of damages that a victim may be entitled to in an accident injury case. These can be broken down into three general categories; economic damages, non-economic damages, and punitive damages.

Economic Damages

Economic damages are actual losses incurred by the injured party that can be quantified. Examples may include:

  • Property Damage: In many accident cases, there is serious damage to the property of the victim. This is most common in motor vehicle accidents when vehicles often get totaled or there are significant repairs required to bring the vehicle back to its previous state (before the accident occurred).
  • Medical Expenses: When an individual is injured in an accident, they often incur significant medical bills. Examples include hospitalization costs and costs for medical treatment, rehabilitation, and in the case of a debilitating injury, ongoing medical care.
  • Lost Wages: Injury victims often miss a lot of time from work during the recovery process. This can be several days, weeks, or even months depending on the extent of the injuries. In the most severe cases, an injured party may no longer be able to go back to their previous job or any job at all. In such cases, they should also be compensated for loss of future earning capacity.
  • Funeral and Burial Costs: In cases in which someone is killed in an accident, the victim’s loved ones should receive compensation for funeral and burial expenses.

Non-Economic Damages

These are damages that the victim suffers, but it is difficult to assign a dollar figure to because it has to do with the impact the injury has had on the victim’s life. Non-economic damages may include:

  • Physical Pain and Suffering: Someone who suffers a serious injury has to live with ongoing physical pain. This may be a temporary situation, or the pain may go on indefinitely. While no amount of money can get rid of the physical pain someone experiences on a daily basis, the victim deserves to receive financial compensation to help make up for the suffering they are forced to endure.
  • Psychological Distress: A severe injury causes more than just physical pain. There is also emotional distress that comes with having to live with the injuries that were sustained. It is not uncommon for victims to experience fear, anxiety, sleepless nights, and other emotional affects from the injury.
  • Diminished Quality of Life: Injuries often deprive the victim of the ability to participate in activities they used to enjoy. For example, if an injured party enjoyed outdoor activities such as running or playing tennis and they are no longer physically able to do these things, they should be compensated for loss of enjoyment.

Punitive Damages

There are some rare cases in which punitive damages may be awarded. Punitive damages are not meant to compensate the victim, but rather to “punish” the responsible party when their negligent or reckless actions were especially egregious. In order to obtain punitive damages, it must be shown that the party responsible acted with willful and wanton conduct or actual malice toward the victim. In Virginia, punitive damages are capped at $350,000.

Recovering Damages in a Virginia Accident Case

To recover damages in a VA accident case, the victim must show that the other party was 100% at-fault for the accident. Virginia is one of only a handful of states that applies the “contributory negligence” legal standard. Under contributory negligence, if the injured party is determined to be even 1% at-fault for the accident, they can be barred from recovering compensation. This is a high hurdle to overcome, and for this reason, it is essential to work with a seasoned attorney who has a successful track record pursuing these types of cases.

Injured in an Accident in Virginia? Speak with the Experienced Personal Injury Attorneys at Schilling & Esposito

If you or a loved one was injured or killed in an accident and someone else was at fault, you have a right to be compensated. These cases can be extremely complicated, however, and it can be difficult to recover compensation if the accident occurred in Virginia. At Schilling & Esposito, we have extensive experience with even the most complex and high-profile personal injury cases, and we have the skills, knowledge, resources, and dedication to ensure that our clients receive the strong personalized representation they need and deserve. To schedule a free consultation with one of our attorneys, call our office today at 804-261-1001, or send us a message through our web contact form.