The brain is everything. From thought to balance, from memory to breathing, it is the brain that is in control.
The Cerebrum houses and allows thought, memory, sensations, and movement. Sensory impulses such as hot and cold are translated and relayed through the Thalamus. The Hypothalamus governs emotions, appetite, sleep, and body temperature. Balance and voluntary muscular movements are controlled by the Cerebellum, while the Medulla Oblongata regulates the heart and breathing.
A head injury may be closed or penetrating. The former is sustained when a blunt force hits the head, but does not break through the skull. A penetrating head injury, however, occurs when an object breaks through the skull, penetrating the brain. As discussed below, both types can cause severe, or even catastrophic, consequences for the patient.
Mild Head Injuries
When a blow to the head shakes the brain, the victim may suffer a concussion.
Sometimes, but not always, the victim loses consciousness for a short period of time. There may be an accompanying lapse in memory, headaches, and nausea. Often, shortly after the blow, the victim may have trouble concentrating, be ultra-sensitive to light and sound, ringing in the ears, and sleep difficulties.
Anoxic Brain Injuries
The brain, like the rest of the body, needs oxygen to survive. Deprivation for a prolonged period of time kills brain cells, causing what is called Anoxic Brain Injury. There are many causes of Anoxic Brain Injuries, including, but unfortunately not limited to, strokes, near drowning, toxins in the body, and respiratory problems. If the brain does not get oxygen within a few minutes, the effects are catastrophic.
Complete and permanent dysfunction and death are far from uncommon.
Traumatic Head Injuries
A blunt trauma to the skull, be it from an automobile or motorcycle accident, a slip-and-fall, or an act of violence, can cause the brain to bleed, swell, or tear.
When the brain bleeds, the blood loose in the skull puts pressure on the soft tissue of the brain, which can cease its functioning. The same pressure is associated with swelling of the brain, or cerebral edema. The skull does not expand, so when the brain swells, areas that are usually surrounded by fluid are pressed up against the interior of the skull, which constricts blood movement, and therefore oxygen flow, to the brain. When the brain is tossed about inside the skull from a blunt trauma, parts of it can be cut or tear. Depending on the severity and location, this can cause severe debilitation or even death.
It is not difficult to imagine that an injury, even a seemingly mild one can, and so do, forever change the victim’s life. The victim of a brain injury may develop new tendencies for violence, inappropriate responses to situations, inexplicable mood swings, general irritability, chronic headaches, trouble balancing, or difficulty remembering things. More severe injuries can cause loss of movement or sensation, coma, or, all too often, death.
Measuring the severity of a Head Injury
The typical method of measuring the severity of a brain injury is by the Glasgow Coma Scale. Scores from an Eye Response test (1-4), the Verbal Response test (1-5), and the Motor Response test (1-6) are added together to come up with a Coma Scale total. The lower the score, the more severe the injury. For example, a patient receiving a total score below a nine has suffered a severe injury. A score above thirteen suggests a mild injury, while a score in between is deemed a moderate brain injury.
It is important to note, however, that all patients with a particular total score are not necessarily in a similar state. For example, a score of ten can be reached several ways. A patient may only score a two on the Eye Response test and the Verbal Response test and a six on the Motor Response test. This patient’s injury is quite different from another patient who also scores a total of ten points, but with a four on the Eye Response and Verbal Response tests, but only a two on the Motor Response test.
Understanding the Consequences of Head Injuries
Particularly with mild head injuries, it is imperative to understand that oftentimes the injury, by its very nature, prevents the victim from being able to fully recognize symptoms as being associated with the injury. Depending on the location and the severity of he head injury the victim may have a distorted sense of self-awareness, which limits the ability to recognize changes in him- or herself. As such, it is extremely important for loved ones to stay acutely aware of any behavior, attitude, or cognitive changes, and alert physicians to these changes.
Compensation Available for Head Injuries
Depending on the circumstances surrounding your injuries, you may be eligible for compensation for your medical bills, past and future; lost wages, past and future; your lost earning capacity; and your pain and suffering. In addition, depending on the circumstances of your injury, you may be awarded punitive damages, which are designed to punish the at-fault person for acting with malice or conscious disregard for your safety. Oftentimes, this punitive damage award is as big or bigger than the compensatory damages mentioned above.
Although no amount of money can make up for the loss of a loved one, if the victim of a head injury dies, California’s Wrongful Death statute allows surviving family members to recover for loss of financial support, medical expenses, funeral expenses, loss of consortium, and loss of comfort and care. If nothing else, these awards will ease the financial burden imposed on the family, and force the at-fault person to bear some of the responsibility.
Getting that Compensation
Whether the victim of a brain injury suffers from chronic headaches, has trouble with critical thinking, or needs constant medical assistance to keep the heart pumping, life is forever changed. So too are the lives of the victim’s family members.
If you or a loved one has suffered a head injury, whether from a car accident, a defective product, a physician failing to use care in performing medical services, a recreational accident, or a slip-and-fall, you should contact an experienced attorney who can evaluate your claim.
As a cautionary note: do not speak with the other party’s insurance company about your bodily injuries. Remember, the adjuster’s job is to give you as little money as possible. If you are impatient and take a quick settlement, if you later learn your injuries require future care or you have to miss more work than you expected, you will never get that money.
You can simply decline to talk to the adjuster, and refer him or her to your attorney.
At the Law Offices of Slaughter & Slaughter, we understand not only the potential severity of Brain Injuries, but also the severity of the impact these injuries have on the daily lives of the victim and his or her family members. Although no amount of money can truly compensate, we are experienced in assessing the wide range of effects these injuries can have. We are willing to fight for your rights and seek the maximum compensation the law will provide. If you or a loved one has suffered a Brain Injury, call The Law Offices of Slaughter & Slaughter today.
Get a FREE consultation and an HONEST evaluation of your claim.
There is no need to go through this alone. Whether you are in Los Angeles, Santa Monica, Beverly Hills, Malibu, Glendale, Pasadena, Burbank, Northridge, Chatsworth, Westwood, Venice, Long Beach, San Bernardino, Encinitas, Chula Vista, San Diego, or anywhere else in Southern California, The Law Offices of Slaughter & Slaughter can help.
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