Guide to Traumatic Brain Injury (TBI) Cases Within Personal Injury Law

Dec 29, 2020

Traumatic brain injury (TBI) typically results from a violent force or jolt initiated to the head or body. The Centers for Disease Control (CDC) define a traumatic brain injury as “a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.” The CDC warns that people of all ages are at risk for sustaining a TBI, particularly children and older adults.

A traumatic brain injury can result from any direct blow by a blunt force tool, such as a baseball bat or hammer, or any object capable of penetrating the brain tissue, such as a bullet or shattered portion of skull. On a case-by-case basis, TBIs can vary significantly in terms of severity. A mild traumatic brain injury may affect one’s brain cells on a temporary basis, and recovery may be possible through rehabilitation. More severe TBIs resulting in bruising, torn tissues, internal bleeding, and various physical damage to the brain can result in long-term complications or even death.

According to the Mayo Clinic, when analyzing symptoms of traumatic brain injury, patients can have myriad physical and psychological effects depending on the severity of the injury. Some symptoms manifest immediately following the accident, while others may be more prolonged, taking weeks or even months to present. The Mayo Clinic has outlined some symptoms relative to specific types of traumatic brain injury (e.g. mild, moderate, severe, and those affecting children).

Traumatic Brain Injury Statistics – How Common is TBI?

According to MedScape, Traumatic brain injury is the fourth leading cause of death in the United States, and the leading cause of death in persons aged 1-44 years, with approximately 2 million traumatic brain injuries occurring annually. A National Institutes of Health survey estimates that each year 1.9 million people experience a skull fracture or intracranial injury. Firearms account for the largest proportion of deaths from traumatic brain injury in the United States. Tragically, each year close to 20,000 people sustain gunshot wounds to the head.

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What Degrees of Traumatic Brain Injury Exist?

TBI is typically categorized as mild, moderate, or severe. There is also a specific classification for TBI affecting children.

Mild Traumatic Brain Injury (TBI)

Signs and symptoms that may be evident in a mild traumatic brain injury can include:

Physical symptoms

• Loss of consciousness (either for a few seconds up to a few minutes)
• No loss of consciousness, but a dazed, confused, or disoriented state
• Headache
• Nausea or vomiting
• Fatigue or drowsiness
• Problems with speech
• Difficulty sleeping
• Sleeping more than usual
• Dizziness or loss of balance

Sensory symptoms

• Sensory problems, such as blurred vision, ringing in the ears, a bad taste in the mouth, or changes in the ability to smell
• Sensitivity to light or sound

Cognitive or mental symptoms

• Memory or concentration problems
• Mood changes or mood swings
• Feeling depressed or anxious

Moderate to Severe Traumatic Brain Injuries (TBI)

Moderate to severe traumatic brain injuries can include any of the signs and symptoms of mild injury, as well as the symptoms below which commonly appear within the first hours to days following a head injury:

Physical symptoms

• Loss of consciousness from several minutes to hours
• Persistent headache or headache that worsens
• Repeated vomiting or nausea
• Convulsions or seizures
• Dilation of one or both pupils of the eyes
• Clear fluids draining from the nose or ears
• Inability to awaken from sleep
• Weakness or numbness in fingers and toes
• Loss of coordination

Cognitive or mental symptoms

• Profound confusion
• Agitation, combativeness, or other unusual behavior
• Slurred speech
• Coma and other disorders of consciousness

Children’s Traumatic Brain Injury (TBI) Symptoms

Infants and young children with traumatic brain injuries might not be able to communicate. Additionally, children may exhibit headaches, sensory problems, and confusion. In a child with traumatic brain injury, the following may be observed:

• Changes in eating or nursing habits
• Unusual or easy irritability
• Persistent crying and inability to be consoled
• Changes in ability to pay attention
• Changes in sleep habits
• Seizures
• Sad or depressed mood
• Drowsiness
• Loss of interest in favorite toys or activities

What Are The Most Common Causes of Traumatic Brain Injury (TBI)?

While it may seem logical that car accidents would be the leading cause of TBI, in actuality the CDC has confirmed that, as of 2014, slip and falls accounted for almost half (48%) of all TBI-related emergency department visits. Moreover, falls affect children and adults much more frequently than the rest of the population.

The CDC’s 2014 Statistics Indicate:

• Almost half (49%) of all TBI-related emergency department visits among children 0 to 17 years old were due to falls.
• Four in five (81%) TBI-related emergency department visits in older adults (those aged 65 years and older) were caused by falls.

The second leading cause of TBI-related emergency department visits entailed being struck by (or against) an object. Such incidents accounted for approximately 17% of all TBI-related emergency department visits in the U.S. in 2014.

Additionally, over 1 in 4 (28%) TBI-related emergency department visits involving children less than 17 years of age were due to an object directly striking the child or the child being pinned against the object.

Falls and motor vehicle crashes were the first and second leading causes of all TBI-related hospitalizations (52% and 20%, respectively).

Intentional self-harm was the first leading cause of TBI-related deaths (33%) in 2014.

Some Additional Causes of TBI Identified by the Mayo Clinic Include:

• Vehicle-related collisions – Collisions involving cars, motorcycles, or bicycles – and pedestrians involved in such accidents – are a common cause of traumatic brain injury.
• Violence – Gunshot wounds, domestic violence, child abuse, and other assaults are common causes. Shaken baby syndrome is a traumatic brain injury affecting infants that is caused by violent shaking.
• Sports injuries – Traumatic brain injuries may be caused from a number of sports, including soccer, boxing, football, baseball, lacrosse, skateboarding, hockey, and other high-impact or extreme activities. These injuries are particularly common in youth.
• Explosive blasts and other combat injuries – Explosive blasts are a common cause of traumatic brain injury in active-duty military personnel. Although how the damage occurs isn’t yet well-understood, many researchers believe that the pressure wave passing through the brain significantly disrupts brain function.
• Child Abuse – This is the most common cause in children under age four.

The Mayo Clinic also notes that traumatic brain injury frequently results from penetrating wounds, severe blows to the head with shrapnel or debris, and falls or bodily collisions with objects following a blast.
Some accidents, such as explosions, natural disasters, or other extreme events, can cause both closed and penetrating TBI in the same individual.