Archive for category: Personal Injury Law

 

Injuries to the brain are quite common. The most likely causes of these types of injuries are: sports, traffic accidents, falls, work accidents, and assaults. Until recently, brain injuries like concussions have been thought to be relatively minor. However, recent studies have shown that concussions can create permanent scar tissue in the brain. Studies further showed that some brains had not yet fully healed to their pre-concussed state for as long as forty years after the initial injury. These long term effects are disheartening, but the potential immediate symptoms may be more startling. Some individuals suffering from even minor concussions experience P.C.S. (post-concussion syndrome). Post-concussion syndrome can manifest itself for weeks or even months following a concussion. The result is prolonged headaches, dizziness, nausea, depression, irritability, and lethargy. Even more frightening is second-impact syndrome. Second-impact syndrome occurs when a second concussion is experienced during the time that the first concussion is still actively healing. This second impact can cause the brain to swell. When this occurs, the effects are devastating. Most cases of second impact syndrome result in either death or permanent mental impairment. Those who have suffered a concussion should not return to physical activity until they have been cleared by a doctor.

The recent class action lawsuit, Maxwell v. NFL, revolved around these issues. A partial settlement was reached last year in the amount of 675 Million. Many feel that even this enormous amount is not enough to compensate the over 20,000 victims who were misdiagnosed and mistreated after experiencing concussions while playing in the NFL.

For a variety of reasons, injuries to the brain are often undervalued, both by insurance adjusters, and by society as a whole. Some of those reasons include: the lack of physical readily-observable symptoms, the lack of treatment to help repair the injured brain, and the lack of education as to recent medical discoveries regarding traumatic brain injuries.

The protein scaring discovered in the brain helps with the problem of not being able to see the symptoms of concussions. That study adds validity to the growing concern surrounding these types of injuries. The litigation involving the NFL is publicized so widely that there is reason to hope that the public will be better educated about brain injuries and their seriousness. The second problem, lack of treatment, is perhaps of greater concern. The brain is an extremely intricate part of the human body. Its function affects every aspect of our lives. Yet, the best treatment that we have for concussions is simply rest. The lack of available adequate treatment can make damages difficult to calculate in a traumatic brain injury case.

No amount of money can adequately compensate a victim who has suffered a traumatic brain injury as a result of the actions of another. However, an experienced injury attorney can likely help those who have suffered brain injuries recover a fair judgment or settlement.