The following is the first in a three-part series on defending cases involving traumatic brain injuries (TBI). These cases are complex because the brain is complex. Developing and executing a defense strategy for TBI cases requires a team knowledgeable in law and medicine. With thorough preparation and well-planned discovery, TBI cases can be evaluated quickly for trial or settlement.
What is Traumatic Brain Injury?
There are at least eleven definitions of the term “Traumatic Brain Injury”. However, a TBI is generally defined as a sudden brain injury caused by a blow to the head, a penetrating head injury, blast-induced injury, or when the brain is shaken within the skull.
How Does A TBI Affect the Brain?
TBIs can cause bleeding in the brain, injuries to nerve fibers, inflammation, and swelling. The following are common injuries associated with TBIs:
- Diffuse axonal injury (DAI). A DAI is one of the most common injuries associated with TBIs and refers to damage to white matter in the brain. A DAI usually results from twisting of the brain or sudden stopping of the brain occurring during automobile accidents and falls. Brain damage from a DAI can be temporary or permanent.
- Concussion. Concussions are generally mild TBIs. Concussions can be caused by blows to the head, automobile accidents, falls, as well as other rapid movement of the brain within the skull. A person may lose consciousness or may experience an altered state of consciousness.
- Hematomas. Hematomas describe bleeding in or around the brain from a ruptured blood vessel. Hematomas can occur in the area between the skull and the dura mater (epidural hematoma). Bleeding can occur between the dura and the arachnoid mater (subdural hematoma). Both epidural and subdural hematomas put pressure on the outside of the brain. Bleeding between the arachnoid mater and the pia mater is a subarachnoid hemorrhage. Finally, bleeding into the brain itself is known as an intracerebral hematoma.
- Contusions. Contusions describe bruising or swelling of the brain when small blood vessels bleed into the brain. Contusions can occur at the impact site. The injury can also occur on the side of the brain opposite of the impact. For example, when the skull is struck on the left side, this may cause the right side of the brain to slam into the right side of the skull.
- Fractures. Fractures are breaks or cracks in the skull.
- Psychiatric Disorders after TBI. Research suggests the onset of depression, mania, obsessive-compulsive disorder, PTSD, personality changes, and aggression are associated with TBIs.
Defending Traumatic Brain Injury Part II: Diagnosis
Defending Traumatic Brain Injury Part III: Discovery
M. Jansen Voss has developed a diverse defense litigation and appellate practice in both state and federal courts in Alabama and Mississippi. He represents a wide range of businesses, governmental entities, and individuals in complex personal injury and wrongful death lawsuits, as well as business disputes and breach of contract matters.
About Christian & Small
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