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Bowling Green Brain Injury Lawyer

It’s a leading cause of death and disability in America. It’s one of the most difficult injuries to predict, with a wide variety of symptoms that may last a few weeks or a lifetime. While this injury affects people of all ages, those older than 75 or younger than five years of age are most likely to receive emergency room treatment because of it.

Traumatic brain injuries lead to the deaths of about 155 people in the United States each day, the Centers for Disease Control and Prevention (CDC) report, and can leave long-lasting impacts not only on injured individuals, but on their families and communities as well. If you or someone you love has suffered a brain injury in Bowling Green due to someone else’s negligence, contact the compassionate attorneys at Flora Templeton Stuart and they can help you to understand the legal options that are available to you.

What Is a Traumatic Brain Injury?

As explained by the National Institute of Neurological Disorders and Stroke, traumatic brain injury is an acquired brain injury that occurs when sudden trauma causes damage to the brain. It can be caused when the head suddenly and violently hits an object, or when an object pierces the skull and penetrates the brain tissue. Some common traumatic brain injury symptoms such as:

  • Loss of consciousness
  • Confusion
  • Light-headedness or dizziness
  • Blurred vision
  • Fatigue
  • Ringing in the ears
  • A bad taste in the mouth
  • Mood changes
  • Changes to sleep patterns
  • Trouble with memory or concentration
  • A worsening or lingering headache
  • Vomiting or nausea
  • Convulsions or seizures
  • An inability to awaken from sleep
  • Dilation of one or both pupils of the eyes
  • Weakness or numbness in the limbs
  • Loss of coordination
  • Slurred speech
  • Increased confusion, restlessness, or agitation

As noted by the Brain Injury Association of America, the brain is made up of several different parts, each of which enables certain bodily functions. The difficulties that one might encounter during recovery from a brain injury differ depending on which part of the brain was injured. Here is a look at the functions served by each part of the brain and how an injury to that area may affect an individual:

  • Frontal lobe: The frontal lobe controls such functions as attention, concentration, self-monitoring, organization, expressive language, motor planning and initiation, awareness of abilities, awareness of limitations, personality, mental flexibility, emotions, problem-solving, planning, and judgment. An injury affecting the frontal lobe may damage an individual’s ability to control emotions, impulses, or behavior. This type of injury may also cause difficulty with remembering events or speaking.
  • Temporal lobe: The temporal lobe’s functions include memory, the ability to understand language, sequencing, hearing, and organization. An injury to this area of the brain may produce deficits in the person’s ability to communicate or remember.
  • Parietal lobe: The parietal lobe functions involve sense of touch, depth perception, visual perception, and the ability to identify shapes, sizes, and colors. An individual who suffers an injury to the parietal lobe region of the brain may leave impacts on any or all of the five senses.
  • Occipital lobe: The occipital lobe’s main function is controlling vision. Those suffering occipital lobe injuries may have difficulty seeing and perceiving the size or shape of objects.
  • Cerebellum: The cerebellum controls functions such as balance and coordination, skilled motor activity, and visual perception. Those suffering from a brain injury involving the cerebellum may have temporary or permanent loss of balance and coordination.
  • Brainstem: The brainstem controls breathing, arousal, consciousness, heart rate, and sleeping or waking cycles. An injury to the brain stem would damage the functions necessary for survival, such as breathing or heart rate.

Two events may occur after a person sustains a brain injury. First, the brain tissues react to the trauma through a series of biochemical responses. These responses then flood the brain, damaging and destroying brain cells. Depending on the severity of the injury, the injured person may also lose consciousness or experience coma, respiratory problems, or reduced motor functions. Approximately half of all severe brain injuries require surgeries to repair broken blood vessels in the brain or to remove damaged brain tissue.

How Are Brain Injuries Caused?

The CDC reports that falls account for nearly half of all traumatic brain injuries, and disproportionately affects the oldest and youngest of the population. 81 percent of the traumatic brain injury-related visits to U.S. emergency departments by individuals over the age of 65 are the result of falls. Nearly half of the emergency department visits related to brain injuries and involving children 17 years old or younger were due to falls.

Another leading cause of brain injuries is being struck by an object. This cause accounts for around 17 percent of all brain injury-related emergency department visits. More than a quarter of brain injury-related emergency department visits in children 17 years old or younger involved the child getting struck by or against an object.

The two most common causes of brain injuries resulting in hospitalization were falls and motor vehicle accidents, accounting for a respective 52 percent and 20 percent of brain injuries requiring hospitalization. Hospitalization rates were higher among brain-injured patients aged 75 or older, or 4 years old or younger. For individuals aged 15 to 44 years old, motor vehicle crashes were the leading cause of brain injuries requiring hospitalization.

Brain injury-related deaths are also highest among those 75 years and older. Falls are the leading cause of brain injury-related death in those over 65. Self-harm was the most common cause of death for brain-injured individuals between the ages of 45 to 64.

What Are the Long-Lasting Consequences of Traumatic Brain Injuries?

The brain is unable to heal itself, which means that a person may never fully recover from a brain injury. Even though functions may stabilize, those that are controlled by the portion of the brain that was injured may continue to present challenges for the brain injured person for life.

The impact of a brain injury on a person’s ability to function properly is not in direct relation to the severity of the injury. Even those suffering “mild” brain injuries may experience permanent disability.

Some of the unconscious states that may be experienced by brain injured people include:

  • Vegetative state: The individual is unaware of his or her surroundings, but does have wake and sleep cycles. His or her digestion, breathing, and heart rates are normal. Eyes may or may not be open and the individual will occasionally respond to painful stimuli.
  • Persistent vegetative state: This diagnosis is given to those who experienced a vegetative state following a brain injury for at least one year.
  • Minimally conscious state: The individual shows some awareness of themselves and their environment, though this awareness might be limited or intermittent.
  • Locked-in syndrome: The person is alert and able to think but can only move their eyes.
  • Brain death: This condition occurs when the individual’s entire brain, including the brainstem, ceases to function.

Waking up after a loss of consciousness or a consciousness disorder is not as neat or easy as it is portrayed on television and in movies. It is often a period of irritability or agitation for the injured person, as well as post-traumatic amnesia, which causes confusion, disorientation, and the inability to recall recent events.

Those who do not suffer from a consciousness disorder such as those listed above, may experience other disabilities, which become more pronounced as the level of severity of the injury increases. Some disabilities commonly experienced by brain injured people include:

  • Problems with thinking or reasoning
  • Sensory processing issues, which damage the individual’s senses of taste, touch, sight, smell, or sound
  • The inability to effectively communicate with others
  • Mental health issues such as depression, anxiety, aggression, or sexual inappropriateness

Brain injuries increase the likelihood of other conditions, including:

  • Endocrine disorders
  • Seizures
  • Fatigue
  • Chronic or recurring headaches
  • Cognitive decline
  • Dementia
  • Parkinson’s disease

Frequently Asked Questions About Brain Injuries

What should I do if I have suffered a head/brain injury through no fault of my own?

Head and brain injuries are some of the most serious cases we handle. Sometimes just a small bump to the head can lead to life-threatening complications. If you or a loved one has sustained a head injury—even a minor one—you should seek medical attention immediately to check for internal damage.

What are some common causes of head and brain injuries?

Head and brain injury cases we handle are frequently caused by auto accidents, semi-truck wrecks, motorcycle accidents, slip and fall, medical malpractice, birth injuries, pedestrian accidents, construction/workplace accidents, shaken baby syndrome/other child injuries, or other personal injuries. Remember that severe brain injuries can be immediately apparent, but sometimes the damage can take months or even years to fully reveal itself. If you or a loved one has suffered a head or brain injury due to the negligence of another, contact our brain injury lawyers for a free case evaluation.

What makes brain injuries hard to find?

A brain injury is not always immediately apparent. Swelling or other effects could be delayed or can slowly worsen over time—sometimes taking months or years to fully develop. If you sustained other injuries in the accident, it is also possible the brain injury could be overlooked by your treating physician. If you sustained a bump to the head—even if you think it was minor—follow up with a physician to check for internal damage.

What are some of the effects of head and brain injuries?

Head and brain injuries vary widely in severity and the lasting effects they cause. Concussion, swelling, contusion/hemorrhage, brain bruising/bleeding, and blood clots are a few of the diagnoses a head injury victim could sustain. Long-term effects of head and brain injuries can include personality and mood changes, loss of concentration, headaches, dizziness, ringing in the ears, blurred or double vision, memory loss, impaired judgment, loss of workability, paralysis, coma, seizure, and in the most severe cases, death. Regardless of the seriousness, all head and brain injuries should be treated with extreme care.

What compensation is available for a head/brain injury?

If you have been affected by a severe head or brain injury due to the negligence of another, you are entitled to compensation for the medical expenses incurred treating your injury. You may also be able to collect lost wages for missed work or even future lost income if your ability to work has been affected by the injury. Additional damages you may be entitled to include future medical expenses, long-term care and rehabilitation, or the cost of adaptive equipment. If your loved one was the victim of a head or brain injury that results in death or severe permanent disability, your family may be entitled to seek compensation for the loss of financial support, pain and suffering, loss of consortium (companionship), punitive damages, or you may be able to pursue a wrongful death claim.

The insurance company has made an offer to me. Should I accept it?

Never accept any payment from the insurance company before consulting with an experienced brain injury attorney – especially if you or your loved one has suffered a catastrophic head or brain injury. If you accept compensation now, you may be giving up your right to file additional claims in the future. Only an experienced brain injury lawyer can help you determine the full value of your case in terms of past, present, and future medical bills, past, and future lost income, and additional losses for you and your family. Call our brain injury attorneys immediately to investigate your case to ensure you get all the compensation you are entitled to.

How long do I have to file suit in a head or brain injury case?

The statute of limitations for filing a head/brain injury claim varies depending on the type of case. If you were injured in a car or semi accident, you will typically have two years to file suit. Other types of claims generally allow one year to file. Either way, time is of the essence! You should contact a brain injury lawyer immediately so the evidence can be preserved and you can begin putting your life back together by getting the medical treatment you need! Rest assured we are committed to you and we will look out for your best interests.

How do I pay for an attorney in a head/brain injury case?

The Law Firm of Flora Templeton Stuart works on a contingency fee basis. That means we only get paid if you get paid in your head or brain injury case. Call Warren and Barren County, Kentucky personal injury attorney Flora Templeton Stuart at (888) 782-9090 for a free initial consultation twenty-four hours a day/seven days a week.

Where can I get more information on head and brain injuries?

If you or a loved one has been affected by a traumatic brain injury, you can find additional information at www.traumaticbraininjury.comwww.biausa.org, or www.ninds.nih.gov/disorders/tbi/tbi.htm.

How Does Caring for a Brain Injured Person Affect Families and Communities?

A brain injury affects every relationship that the injured person has. Family members suddenly become caretakers. Living with a brain injury requires a tremendous amount of resources—both physical and financial—and support. While there are social services programs available to help those with brain injuries, the injured person’s loved ones are often left to shoulder the burden of making sure he or she obtains therapies aimed at restoring and maximizing function; caring for the injured person, his or her home and finances. According to the CDC, the societal cost of caring for people in the U.S. who are suffering from traumatic brain injuries—including both direct and indirect medical costs—is approximately $76.5 billion.

The caretakers of brain injured individuals often find plenty of care and support in the early hours and days after their loved one suffered the injury, only to feel in the following months and years like people are avoiding them. They have a hard time relating to people they used to spend time with, and often worry about or even face losing their job over time they missed from work because they had to provide care.

Many couples find that there are changes in their relationship following a brain injury suffered by one person in the partnership. There are many reasons for this, including changes in hormone levels after the injury, changing roles in the relationship, sexual impairment caused by the injury, and concerns over attractiveness and self-confidence.

Family members and caregivers must assess any potential accessibility issues before the brain injured person leaves the hospital or rehabilitation center to return home. Some items that may be necessary, depending on the severity of the person’s injury, include wheelchair-accessible ramps, ceiling lifts to safely lift the patient when providing care, showers that can accommodate a wheelchair, and power door opening units.

Brain injured individuals may be unable to return to the job they held before their injury or may not be employable at all due to cognitive, physical, emotional or behavioral changes. In these cases, social security disability benefits may be available to provide financial assistance. Those who can return to work are encouraged to have a candid conversation with their employer, to return to work gradually with shorter hours and more breaks throughout the day, and a lighter workload.

Those who can hold some form of employment but must change jobs, roles, or careers due to their injury may find assistance through a state-funded vocational rehabilitation program. More information on statewide services for individuals with brain injuries can be found Traumatic brain injury.com/kentucky.

Call Our Bowling Green Brain Injury Attorneys Today

Flora Tempelton Stuart AttorneyNegligence is a breach in the standard duty of care that a reasonable person would provide in the same circumstances. Unfortunately, negligence is a common cause of brain injuries. Some forms of negligence that may lead to a brain injury include a car crash caused by a drunk or distracted driver, premises liability issues such as a hazardous stairwell that caused someone to fall, and more.

When this type of injuries occurs and causes someone to suffer a brain injury, state law provides an avenue whereby the injured party or his or her family members may pursue compensation from the negligent person. An experienced brain injury lawyer can help you understand the types of compensation that are available to you, given the facts of your case, and may even be able to help you pursue that compensation.

Have you or someone you love suffered a brain injury in Bowling Green or surrounding areas due to someone else’s negligence? If so, our personal injury attorneys can help you understand your options. Call us at (888) 782-9090 or Fill out our online contact form for a free consultation for more information.