Mostly because of a better understanding of these wounds, hospital admissions due to brain injuries have increased over 50 percent since 2006. However, significant diagnosis and treatment problems remain.
Post Traumatic Stress Disorder is a good example. Many doctors still think PTSD is a processing disorder. In fact, it is a chemical imbalance in the brain triggered by extreme stress. Other doctors are unwilling to embrace new PTSD treatments, such as MDMA (ecstasy).
Because of these complexities, a Lexington personal injury attorney can often obtain substantial compensation in these cases. This compensation usually includes money for economic losses, such as medical bills. These bills often exceed $100,000 in these situations. These victims are also entitled to noneconomic damages, for things like pain and suffering.
Brain injuries are permanent. Once these cells die, they never regenerate. However, a combination of surgery and therapy can reduce the symptoms to the point that these victims can live mostly normal lives.
Vehicle collisions are the leading cause of head injuries in the United States. High-speed car crashes could cause a head injury in one of three ways.
- Trauma: Many car wreck victims hit their heads on dashboards, steering wheels, and other solid objects. Restraint systems, like air bags, can only absorb part of the force in a high-speed wreck. Excessive speed also transforms small objects, like cell phones, into high-speed missiles.
- Motion: The force in a car wreck causes the brain to slam against the insides of the skulls. Since they are invisible to the eye and also hard to detect on diagnostic test results. So, motion-related head injuries are especially hard to diagnose.
- Noise: Sudden loud noises, like explosions, trigger shockwaves which disrupt brain functions. Many car crash witnesses say these events sounded a lot like explosions. Shockwave injuries are even harder to diagnose than motion-related injuries.
There are other diagnosis problems as well. For example, some doctors assign initial symptoms, like disorientation, to shock from the accident.
Driver error causes over 90 percent of car crashes. These errors are often the basis of an ordinary negligence or a negligence per se claim. Ordinary negligence is essentially a lack of care. Negligence per se is the violation of a safety law.
Slip-and-fall injuries also cause a number of head injuries. That’s especially true if the fall victim was a young child or older adult. Children’s brains are still developing, and many older people have pre-existing health conditions.
A fall obviously does not sound like an explosion. But when these victims fall and hit their heads, they are completely unprotected. Therefore, although falls do not cause as many brain injuries as car wrecks, the injuries which do happen are usually much worse.
These injuries are also difficult to diagnose. Many fall victims do not experience signature symptoms, like unconsciousness and vomiting. As a result, they do not get the treatment they need until their injuries become more advanced and more difficult to treat.
Property owners are legally responsible for damages in most of these cases. Liability attaches if the property owner had a legal duty and knew, or should have known, about the hazard which caused the fall.
Most fall victims are invitees. These individuals have permission to be on the property and benefit the owner by their presence. Property owners have a duty of reasonable care in these situations. Other fall victims are licensees or trespassers. Property owners have a lesser duty of care in these cases.
Direct evidence of actual knowledge includes things like restroom cleaning reports. Circumstantial evidence of constructive knowledge (should have known) usually involves the time-notice rule. Think of a banana peel on the floor. If the peel is black, it had probably been on the floor for some time, and an employee should have picked it up. The opposite is true if the peel was fresh and yellow.
Property owners are also legally responsible for many third-party assaults, if negligent security caused the assault. Examples of negligent security include:
- Burned-out security lights,
- Missing or non-working cameras,
- Unsecure gates or fences,
- Lack of live security, if it is needed, and
- Dark walkways or parking lots.
Foreseeability is often an issue in these claims. Evidence of foreseeability includes the neighborhood’s reputation as a high crime area, the type of business on the property, and prior similar incidents in the area.
As for the injuries themselves, assaults usually cause both fall-related injuries and penetration brain injuries, such as a knife blade.
Brain injury victims are usually entitled to compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. You have a limited amount of time to act.