Head injuries are serious; despite how much we downplay them. If not treated properly, these head injuries can develop into devastating diseases like dementia and Parkinson’s. For the past two decades, researchers have been hard at work bringing attention to brain injuries, how they have been normalized in society, and what exactly causes them.
Their work gives our team of brain injury attorneys in Los Angeles at Vaziri Law, LLP, the foundation to help you make your case if you are injured in an accident and receive a brain injury.
What’s a Brain Injury?
If you were hit on the head and it affected your brain, that’s a brain injury. They are classified into two types: acquired brain injury and traumatic brain injury.
What is Acquired Brain Injury?
Acquired brain injury (ABI) develops from internal causes like stroke, oxygen deprivation, or an infection that harms brain tissue.
What is Traumatic Brain Injury?
Traumatic brain injury (TBI) is a brain injury caused by an outside impact. While a harsh bump to the head or body can cause it, not every bump will lead to TBI. There are two types of TBI injuries.
Penetrating TBI– These injuries happen when an object pierces the skull and lodges itself into brain tissue, damaging one part of the brain. Common causes include gunshot wounds, stabbings, or workplace accidents.
Non-Penetrating TBI– These injuries are caused by an external force hard enough to move the brain within the skull. Common causes include car crashes, sports injuries, or a blunt object.
Symptoms
Some TBIs may cause temporary or short-term memory problems, and others can lead to serious injuries, permanent disability, or death. Other TBIs will immediately manifest after a traumatic incident.
It is important to keep an eye on you or your loved ones after an impactful strike to the head to see if they develop any of the common symptoms. These symptoms can be divided into three categories: physical, cognitive, and perceptive.
- Physical– Headaches, seizures, blurred/double vision, unequal pupils/dilation, clear fluids draining from nose or ears, nausea, vomiting, slurred speech, and loss of balance.
- Cognitive– Loss of consciousness, becoming difficult to wake up, disorientation, memory problems, and change in sleep patterns
- Perceptive– Light-headedness, dizziness, vertigo, hearing problems, unexplained bad taste in mouth, sensitivity to light/sound, mood changes, feeling anxious/depression, and fatigue.
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What is CTE?
Chronic traumatic encephalopathy (CTE) is a degenerative brain disease that affects less than 6% of the population. While it’s more common amongst football players, anyone who is involved in a high-contact sport like wrestling, boxing, hockey, rugby, etc. can develop the disease over time.
Symptoms
As a disease, CTE develops over time and can vary from person to person. Genetics, injury history and damage location all affect how CTE will develop in an individual. For many athletes, symptoms usually manifest within 8-14 years after retirement.
In the past, this disease was called punch drunk amongst boxers before it became more commonly known as CTE in the early 2000s.
Medical experts say CTE symptoms come in two forms. In early life, it manifests during someone’s late twenties and early thirties. This form of CTE comes with changes in one’s behavior and their mental health. The second form appears around their sixties with memory problems that can lead to dementia.
Top Sports Associated with Brain Injury
Most, if not all, contact sports run the risk of brain injury. 25 years ago, talk about CTE and TBI was swept under the rug. Now, we have a better understanding of the dangers of consistent concussions and how to protect ourselves while playing sports. According to the CDC, the top 5 youth sports with the highest cases of brain injury are the following:
1. Boys Tackle Football
Tackle football has the highest rates of brain injury in the United States more because of the overwhelming numbers of people who play the sport across various age groups. However, that doesn’t mean the sport doesn’t have its share of risks. Running at full speed and charging at people can cause severe head trauma, even if you’re wearing safety equipment.
2. Girls Soccer
Soccer follows football because of the variety of age groups playing soccer. The way most soccer players obtain brain injuries is by hitting the ball with their head to score or moving the ball towards their teammates, also known as heading.
3. Boys Lacrosse
Lacrosse is a sport that uses a stick to carry, pass, catch, and shoot the ball into the goal. However, it is a contact sport. Players run the risk of a concussion due to collisions with other players and sticks.
4. Boys Ice Hockey
Hockey is a sport that comes with a lot of potential dangers. Slipping on ice, being hit by hockey sticks, flying pucks, or other players, and hockey’s reputation for fighting can cause concern. While hockey players have protective gear, that doesn’t always prevent summer teeth or brain injury.
5. Boys Wrestling
Wrestling in all forms comes with more danger than other sports, at least within amateur wrestling or kids trying to do a frog splash in their living rooms despite warnings of not trying moves at home. While protective gear is necessary for academic or Olympic wrestling, popularized wrestling entertainment shows that the protection comes with taking care of whoever you’re in the ring with; however, it’s not foolproof.
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How to Prevent Brain Injuries
Sports aren’t the only way you can develop brain injuries! Car accidents, workplace accidents, slipping at home, even accidentally hitting your head against a table can cause a concussion.
Taking safety precautions is everyone’s best defense from developing brain injuries. The most common precautions we take are out in public, but we can also take precautions at home as well.
In Public
Depending on what you’re doing, there’s a way for you to stay safe. If you’re driving, wear a seatbelt and don’t drive under the influence. If you’re cycling, skating, or playing sports, wear a mouth guard and/or a helmet. If you’re at work, follow work safety protocols.
In Private
Typically, one doesn’t think their home can be dangerous, but accidents happen all the time. Improving lighting, securing cabinets, removing rugs and other trip hazards, using non slips mats, and/or installing grab bars and handrails on stairs can go a long way in securing your household for yourself and anyone else inside your home.
Student Athletes
Due to research that’s come to light in the past few decades about brain injury and CTE, many states have passed various sport-related concussion laws. In California athletes must follow certain guidelines before returning to play after a concussion. These are the current laws in California.
- Students suspected of sustaining a concussion must be removed from play for the remainder of the day or 24 hours
- Return to Play clearance can be given by any provider trained in concussion management
- Every two (2) years all coaches are required to receive concussion training
- Before an athlete can start the season and begin practice, a concussion information sheet must be signed and returned to the school by the athlete and the parent or guardian
When to Contact a Brain Injury Attorney in Los Angeles
It’s best to contact a brain injury attorney sooner rather than later. If you have experienced brain trauma and have received medical attention, speak to an injury lawyer to learn what they can do for you and your case.
You could have a case if your brain was injured because of a car accident, cyclist accident, or workplace accident. Remember to keep all records of your doctor’s visits relating to the injury so you can present them to your potential lawyer.
Why Would I Need a Brain Injury Lawyer?
Brain injuries may result in similar ways, but the reasons why brain injuries happen are vastly different. Depending on the circumstances surrounding your injury, you may be entitled to compensation via personal injury claim. Talking to a brain injury attorney in Los Angeles after an accident or a serious injury can be a great first step on the road to your recovery.
FAQ
How Long Do I Have to File a Brain Injury Case?
In California, a brain injury case counts as a personal injury case. With that in mind, know that depending on the circumstances of your accident you may have up to 2 years to file your claim.
We suggest filing sooner than later to give yourself and your brain injury lawyer in Los Angeles the best chance of fighting for you.
Which Form of Brain Injury Can I File For?
Most compensated brain injuries are TBI as they stem from accidents that result in trauma to the brain. Car accidents, workplace accidents, and safety negligence in sports can be reasons why someone develops TBI. For a personalized opinion, contact a brain injury attorney in Los Angeles.
What Can I Be Compensated For?
Brain injury cases cover both economic and non-economic losses, much like the average personal injury case. This includes:
Medical Expenses– Surgeries, doctor visits, hospital stays, medicine, rehab, and any other medical related expenses are included here.
Lost Wages- If you had to take time off work due to your injuries, having proof of wage loss will help your case.
Pain- If the pain you’ve suffered has caused emotional distress, loss of enjoyment, and loss of partnership, you can use this to obtain some compensation.
Home Improvement– If you’ve had to adjust your home because of a brain injury, you can be compensated for the cost of the installation and equipment.
What if My Loved One Can’t Make Legal Decisions?
If your loved one can’t make decisions due to their head injuries, that’s not a problem. You or other members of your loved one’s immediate family can help them get the assistance they would need to file a case. California offers various options for the families of the afflicted such as:
Supported Decision Making– This allows the injured party to keep decision making power but keeps the council of trusted parties.
Power of Attorney– This allows the injured party to keep decision making power but keeps the council of trusted parties within legal and financial issues.
Advance Health Care Directive– This allows someone to help memorialize the person’s health care desires and/or designate an alternate decisionmaker.
Guardian Ad Litem– Person who manages a non-criminal court case for a person who cannot for themselves. This includes parents representing minor children in court.
Limited conservatorship– A conservator makes decisions in certain circumstances where the conservatee with a developmental disability is unable.
What if Symptoms Don’t Develop Until Later?
That is common amongst people with CTE; however, it can also apply to people with TBI in some instances. If symptoms manifest later in time, then it would be in your best interest to speak to a lawyer with all your evidence in hand. Giving this information to your brain injury attorney in Los Angeles can help them determine if you have a case or not.
If you or a loved one suffered a traumatic brain injury, don’t wait! Contact Vaziri Law, LLP today! Our dedicated team of lawyers with over 200 years of combined legal expertise can help you get the compensation you deserve!