Most Common Brain Injury Causes in Kentucky

by | Sep 6, 2022 | Injuries

Every year, various kinds of head injuries kill about 64,000 Americans. Especially in busy hospital Emergency Rooms, doctors often overlook initial head injury symptoms, like soreness and disorientation. As a result, these victims don’t receive proper treatment, and their conditions deteriorate. Once advanced symptoms appear, like personality changes and chronic severe headaches, doctors must often perform radical brain surgery. This procedure, even if it’s 100 percent successful, usually only prevents the brain damage from worsening. It doesn’t “cure” the injury.

That’s the bad news. The good news is that millions of Americans live with brain injuries. If doctors intervene quickly enough to contain these injuries, many victims live almost completely normal lives, with the help of a qualified physical therapist. A Lexington personal injury lawyer obtains the financial resources these victims need to move on with their lives. Legal action also gives victims justice and a sense of closure. Usually, negligence, or a lack of care, causes these injuries.

Vehicle Collisions

By far, car crashes cause most brain injuries in Kentucky. Advanced safety systems, like airbags and vehicle design improvements, can’t possibly contain all the force in a vehicle collision, especially a high-speed crash. Additionally, car wrecks combine all three major brain injury causes, which are:

  • Motion: During a car wreck, the vehicle stops suddenly, but occupants’ heads keep traveling forward at the same speed. Then, they violently snap back. As a result, their brains slam against the insides of their skulls. So, brain injuries are common in car crashes, even if victims don’t hit their heads on solid objects.
  • Trauma: Seat belts, airbags, and other restraint systems reduce the severity of head injuries. So, extreme injuries become fatal injuries, fatal injuries become catastrophic injuries, and so on. Airbags and seat belts don’t change the physics of a wreck, which were outlined above. They also don’t change the fact that dashboards and steering wheels are solid objects.
  • Noise: About half of Afghanistan and Iraq veterans came home with brain injuries. Frequently, these victims didn’t fall or suffer any trauma injury. Instead, the extreme noise of an explosion triggered a shock wave that disrupted their brain functions. Most car crash witnesses say the collisions sounded like explosions, so they have the same effect.

Driver error causes about 98 percent of the vehicle collisions in Kentucky. If this error was a lack of care, compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering, is available.

Falls

Statistically, falls are a distant second to car crashes in terms of brain injury causes. However, thousands of fall victims still sustain brain injuries. A fall features two of the three brain injury causes. Additionally, fall trauma injuries are often worse. Although there’s no speed involved, these victims have no protection either.

Legally, property owners are responsible for fall and other injuries if they had a duty of care and they knew about the injury-causing hazard.

Almost all property owners have a duty of reasonable care. That’s because almost all fall victims have permission to be on the property, whether that permission is specific or general. Furthermore, most owners benefit, economically or noneconomically, just because the customer or guest walks through the door.

A lesser duty of care applies if the victim was a licensee (permission but no benefit) or a trespasser (no permission and no benefit).

Additionally, a Lexington personal injury must prove, by a preponderance of the evidence, that the owner knew, or should have known, about the fall or other injury hazard. The best evidence of knowledge, which is a smoking gun like a restroom cleaning report, often isn’t available until relatively late in the process. Insurance company lawyers hide these smoking guns as long as they can. So, if the case settles too early, the best evidence, and therefore maximum compensation, may be unavailable.

Assaults

Once upon a time, owners weren’t legally responsible for third-party assaults that happened on their property. As a matter of law, a criminal assault was a completely unforeseeable event, like an earthquake.

Today, roughly the same legal principles that apply to falls also apply to assaults. In addition to duty and knowledge of hazard, like a burned-out security light, a broken camera, or other defect that gives an evildoer an opportunity to strike, a Lexington personal injury attorney must also prove foreseeability (possibility) of injury. Evidence on this point includes the type of business, location of the business, and prior similar incidents in the area.

Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. After-hours, virtual, home, and hospital visits are available.