Slips and falls, auto collisions, and even sports-related head injuries all present the potential for a jarring blow to the head. When a blow to the head causes a mild traumatic brain injury, the resulting injury is typically a concussion. Sufferers of this type of injury may experience a range of symptoms, including impaired memory and judgment, loss of balance, poor coordination, diminished ability to concentrate, and even headaches and migraines. These symptoms are the result of damage to the white matter, blood vessels, and nerve tissues inside the brain.
The prognosis for recovery in the event of a concussion injury is typically very good, and most patients fully recover. The challenge comes in the process of diagnosis of such an injury, as it may not be obvious during a routine diagnostic exam.
Long-Term Concussion-Related Conditions in Michigan
For those who have suffered from a concussion, if their symptoms persist for an extended period, and also include other complications, such as insomnia, anxiety, sensitivity to light and noise, dizziness, and fatigue, they more than likely have post-concussion syndrome. This condition occurs in approximately 10% of concussion victims.
A study released by Smithsonian.com [1] revealed that concussion-related brain abnormalities can last for up to four months. The symptoms of post-concussion syndrome can last just a few weeks, or as long as a year or more.
Researcher Yvonne W. Lui M.D., [2] Neuroradiology Section Chief and Professor of Radiology at NYU Langone School of Medicine, released the results of a study she had led in 2013 in the Journal of Radiology. The study confirmed that 10 to 20 percent of mild TBI patients who experienced concussive trauma continued to suffer symptoms for more than a year. The study reported, “…the brain undergoes a measurable loss after a concussion. In some patients, there were structural changes after a single concussive episode.”
Medical Malpractice versus Personal Injury Claims in the Event of Concussion
Medical malpractice claims are filed when a brain injury occurs as the result of birthing or labor, disease, or exposure to toxic substances. In these cases, the claim is filed against hospitals, doctors, technicians, or nurses who are suspected of having performed their duties in a manner less than the reasonable standard of care.
Comparatively, personal injury claims are filed when injuries are sustained as a result of intentional harm, slips and falls, auto collisions, and other circumstances in which impact occurred which led to a brain injury. These claims are typically filed as a claim against the owner of the business or premises where the injury occurred.
Concussion Claims and Damages in the Event of Injury
There can a be a wide and extensive range of consequences for a person who has suffered any sort of brain injury. In many cases, the victim will lose wages due to hospitalization, or prescribed bedrest, and may even lose future potential earnings as their abilities are impaired. They may be required to undergo physical therapy, or psychological and cognitive therapy in order to adapt to post-injury conditions. In any of these cases, TBI sufferers are often eligible for an award for these damages.
When it comes to seeking damages, brain injuries, such as a concussion, are treated much the same as any other injury. The individual seeking compensation may request a settlement to cover medical and out-of-pocket expenses, as well as general damages for pain and suffering.
Compensation for the reimbursement or payment of medical expenses are typically handled in proportion with the severity of the injury. Loss of income and/or wages as a result of being away from work, or having to perform light duty is also a consideration. These are considered Special Damages.
General Damages are related to the troubles that a victim faces in light of their injuries. This covers the intangible consequences of their injury, such as estimated recovery time, and suffering as a result of pain, whether it is related to the injury itself, or the process of rehabilitation to recover certain pre-condition function.
Contact a Michigan Brain Injury Attorney
After sustaining a concussion, it is important to seek medical attention as soon as possible. It may also be necessary to speak to an experienced Michigan brain injury attorney to determine if you can recover compensation for your damages. Call Michigan Injury Lawyers at 313-GET-HELP for a free consultation today.
References:
[1] http://www.smithsonianmag.com/science-nature/four-months-after-a-concussion-your-brain-still-looks-different-than-before-180947795/?utm_campaign=11212013&utm_medium=socialmedia&utm_source=twitter.com&utm_content=smartnewsconcussion3
[2] http://pubs.rsna.org/doi/abs/10.1148/radiol.13122542
Thomas L. Stroble
FOUNDER
Mr. Stroble is a highly accomplished graduate of Michigan State University, with degrees in both science and law. He specializes in commercial lawsuits and personal injury cases. Licensed to practice law in Michigan and even the U.S. Supreme Court, he’s a well-qualified legal expert. Besides his career in law, he loves outdoor activities and volunteers as a part-time police officer in Birmingham.
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