When Does Personal Injury Cross The Line To Negligence?

A traumatic brain injury (TBI) like a concussion, a deep cut or wound, or the tearing of tissue can have permanent and life-altering effects. In fact, according to the Center for Disease Control, an average of 150 Americans die every day from TBI-related conditions. From 2004-2014, the number of emergency room visits related to these injuries increased by 54%.

These statistics tell a graphic and regrettable story, but to individuals and families coping with the impact of a traumatic brain injury, they aren’t even the beginning of the story.  Dealing with these catastrophic injuries and their effects is a deeply difficult situation, made all the more challenging when the injury is the result of another person’s negligence. Whether you are looking for more knowledge about traumatic brain injuries or wondering whether you need a brain injury lawyer, we have created this blog to help.

What is a Traumatic Brain Injury?

A traumatic brain injury is caused by a bump, blow, jolt, or other injury to the head. The most minor of these, concussions, can still have long-lasting physical and emotional effects on a person’s ability to function and their behavior.

In addition to a concussion, more severe brain injuries can also result from incidents like a car crash, slip and fall, or an act of violence. These could include a penetration injury from an object hitting the head, a diffuse axonal injury from brain tissue tearing in an accident or when a baby is shaken, and a contusion, or deep cut that impacts the brain tissue.

Causes of Traumatic Brain Injury

The most common cause of traumatic brain injury is a slip and fall, especially in children and older adults. Half of the TBI incidents that bring children to the emergency room are related to a slip and fall, while 81% of traumatic brain injuries in those age 65 and older are related to falling.

Motor vehicle crashes are the second-leading cause of traumatic brain injury when the head of a driver or passenger hits the steering wheel, the window or windshield, or even an airbag. Objects flying around inside the car can also cause a traumatic brain injury.

The leading causes of death due to traumatic brain injury are different by age group, as documented by the CDC in 2019:

• Motor vehicle crashes were the leading cause of TBI-related death for individuals age 15-24, 25-34, and adults over 75 years.
• Falls were the leading cause of TBI-related death for individuals age 65-75.
• Intentional self-harm was the leading cause of TBI-related death for individuals age 45-64.
• Homicide was the leading cause of TBI-related death for individuals age 0-4.

In 2014, there were over 288,000 TBI hospitalizations in the US, including 23,000 children. That year, TBI contributed to the deaths of 56,800 people, including 2,529 deaths among children.

How Does a Traumatic Brain Injury Attorney Help?

Not all of the traumatic brain injuries seen and treated at hospitals, or that lead to death, are caused by another party’s negligence. However, any individual or family who is suffering deserves to tell their story and explore the facts to receive answers. Consider the following:

• A property owner does not adequately maintain their sidewalk during icy weather, leading you or a loved one to slip and fall.
• A negligent fellow driver on the road causes you and your loved ones to be involved in a car crash.
• A caregiver at a nursing home facility does not exercise adequate supervision, leading you or a loved one to be injured.
• A youth sports coach does not require players to wear appropriate safety gear during practice.
• A caregiver is negligent in their monitoring and care of a child.

These are just some of the scenarios where negligence can contribute to a permanent life-altering traumatic brain injury, or even cause a wrongful death due to traumatic brain injury.

Rely on the Personal Injury Attorneys at Bennett, Boehning, and Clary in Lafayette, Indiana

Whether you know negligence contributed to a traumatic brain injury, or just have questions and need answers, the attorneys of Bennett, Boehning, and Clary have the experience and compassion to support you through this time. We believe that every personal injury case is unique and can be decided on tiny details. Reach out to us at 765-742-9066 if you need an advocate and someone to fight for you.

Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.