Thousands of people suffer from traumatic brain injuries (TBIs) every year. The most common causes are car accidents, falls, contact sports, and medical malpractice. TBIs often have life-altering consequences for victims and their families. If you or a loved one suffered a TBI due to someone else’s negligence or wrongdoing in Philadelphia, you need a Philadelphia brain injury attorney to help you seek compensation and justice from the at-fault parties.
The Philadelphia personal injury lawyers at The Rothenberg Law Firm understand the gravity of your situation. We know how difficult it can be when medical expenses and other bills pile up and you’ve had to miss work because of your injury. You may not be able to function as you used to before your TBI and/or may be unable to work to support your family. We fight hard to make sure you receive the maximum compensation available for your injury. Contact us today for a free consultation and discover how we can help.
What is a Traumatic Brain Injury?
An external force, such as a blow to the head, usually causes a traumatic brain injury. While some TBIs may be considered a mild form of brain injury, others can lead to lifelong disabilities.
Common TBI symptoms include the following:
- Headaches
- Confusion or disorientation
- Dizziness or loss of balance
- Memory loss
- Nausea and vomiting
- Blurred vision or ringing in the ears
If you experience any of these symptoms after an accident, seek medical attention immediately. TBIs can range from mild concussions to life-threatening. Some people develop lifelong mental health issues and personality changes.
Types of Traumatic Brain Injuries
Traumatic brain injuries fall into two main categories: penetrating and closed brain injuries.
- Penetrating brain injuries describe cases when an object pierces or enters the brain. For example, a piece of metal or glass can penetrate the brain in a car accident.
- Closed brain injuries occur when the skull remains intact. Blunt force from a motor vehicle accident as well as injuries from contact sports are two common causes.
Healthcare workers further classify brain injuries into primary and secondary types. A primary brain injury happens at the time of the incident, while a secondary brain injury takes time to develop. For example, a TBI caused by a car crash is likely a primary type, but damage to the blood vessels can lead to chronic damage and secondary injuries.
Common Causes of Traumatic Brain Injuries
Traumatic Brain Injuries (TBIs) occur when an external force impacts the head, disrupting normal brain function. Among the most common causes, motor vehicle accidents stand out as a leading contributor. Here’s an overview of these causes, with an emphasis on motor vehicle-related incidents and other significant sources:
Motor Vehicle Accidents (MVA)
MVAs are a primary source of TBIs worldwide. The high speeds, abrupt stops, and forceful impacts often involved in car, motorcycle, and truck accidents subject occupants to sudden and severe head trauma. These injuries can result from direct impact with a vehicle’s interior (such as hitting the windshield, dashboard, or side panels) or from whiplash motions causing the brain to collide with the skull’s interior.
Contributing Factors:
- Failure to wear seat belts or helmets.
- Collisions at intersections or on highways.
- Impaired driving due to alcohol or drugs.
- Distracted driving, including texting or using a phone.
Resulting Injuries:
- Concussions.
- Contusions (bruising of brain tissue).
- Diffuse axonal injuries (tearing of nerve fibers).
- Hematomas (blood clots within or around the brain).
Pedestrian and Bicycle Accidents
Pedestrians and cyclists are particularly vulnerable to head injuries when struck by motor vehicles. Without the protection of a car’s structure, these individuals often experience direct impacts to the head or are thrown onto hard surfaces.
Common Scenarios:
- Cyclists hit by cars at intersections.
- Pedestrians struck while crossing the street.
- Riders losing control and colliding with stationary objects.
Injuries Sustained:
- Skull fractures.
- Intracranial hemorrhages.
- Long-term cognitive and physical impairments.
Falls
Falls are another significant cause of TBIs, particularly among young children and older adults. A simple trip on a curb, slipping on a wet surface, or falling from a height can cause the head to hit the ground forcefully.
Risk Groups:
- Elderly individuals with balance issues or osteoporosis.
- Young children prone to accidents while playing.
- Workers in construction or industries where falls from heights are common.
Outcomes:
- Concussions and contusions.
- Chronic traumatic encephalopathy (CTE) in cases of repeated falls.
Medical Malpractice
While less common than accidents, medical errors can also lead to TBIs. Mismanagement of anesthesia, surgical errors near the brain or skull, delayed treatment of head trauma, or improper post-surgical care can cause or worsen a brain injury.
Examples:
- Failing to monitor intracranial pressure after a head injury.
- Misdiagnosing a stroke or brain hemorrhage.
- Using improper surgical techniques leading to brain swelling or oxygen deprivation.
Consequences:
- Permanent neurological deficits.
- Cognitive and motor impairments.
- Long-term care needs due to medical negligence.
Other Causes
TBIs can also arise from various less frequent incidents:
- Sports and Recreational Activities: High-contact sports like football, soccer, hockey, and boxing carry a risk of concussions and repeated brain injuries. Extreme sports such as skateboarding or snowboarding can result in severe impacts.
- Assaults and Violence: Physical assaults, domestic violence, and gunshot wounds to the head are additional causes.
- Explosive Blasts and Combat Injuries: Among military personnel, TBIs may result from explosions, leading to a mix of pressure wave-induced injuries and blunt trauma.
- Workplace Accidents: Industrial incidents, falling objects, or accidents involving heavy machinery can all cause serious head trauma.
Proving Liability in Brain Injury Cases
Proving liability in a brain injury case involves establishing that another party’s negligence or wrongful actions caused the injury. It requires a combination of legal, medical, and sometimes expert evidence to demonstrate that the responsible party failed in their duty of care and that this breach directly resulted in the brain injury. Key elements include:
Duty of Care
The injured party must show that the defendant owed them a duty of care. For example:
- In motor vehicle accidents: Drivers have a duty to follow traffic laws and operate their vehicles safely.
- In premises liability cases (such as slip and falls): Property owners have a duty to maintain safe conditions and warn visitors of hazards.
- In medical malpractice cases: Healthcare providers have a duty to meet the standard of care appropriate for their profession and specialty.
Breach of Duty
Next, it must be proven that the defendant breached their duty of care by acting in a way that a reasonable person in a similar situation would not have. This might include:
- Failing to stop at a red light.
- Allowing a known hazard, such as a wet floor, to remain without warning.
- Administering incorrect treatments or failing to diagnose a condition in a timely manner.
Causation
Establishing causation is crucial. The plaintiff must show that the breach of duty directly caused the brain injury. This typically involves demonstrating:
- Cause in fact: That the injury would not have occurred “but for” the defendant’s actions.
- Proximate cause: That the injury was a foreseeable consequence of the defendant’s actions.
For example, if a driver runs a red light and collides with a bicyclist who suffers a traumatic brain injury, the plaintiff must prove that the driver’s failure to stop was the direct and foreseeable cause of the brain injury.
Damages
Finally, the plaintiff must prove that they suffered damages as a result of the brain injury. This can include:
- Medical expenses (hospitalization, surgeries, rehabilitation, and ongoing care).
- Lost wages and reduced earning capacity.
- Pain and suffering, emotional distress, and diminished quality of life.
Evidence and Expert Testimony
Proving liability often requires collecting a range of evidence and, in many cases, enlisting expert witnesses:
- Accident Reports and Witness Statements: Police reports, bystander testimony, and surveillance footage can help establish what happened and who was at fault.
- Medical Records and Testimony: Detailed medical records showing the severity and timing of the injury can link the defendant’s actions to the brain injury. Medical experts may testify about how the trauma occurred and its long-term impact.
- Reconstruction Specialists and Engineers: In cases involving vehicle accidents, these experts can analyze the crash dynamics to support claims of negligence.
- Economic and Vocational Experts: They can project the financial impact of the injury, including lost income and future care costs.
Legal Standards and Challenges
Each jurisdiction may have slightly different legal standards for proving negligence. In some cases, comparative or contributory negligence laws might come into play, potentially reducing the damages if the plaintiff is found partially at fault. Skilled legal representation is often critical to navigating these complexities, presenting compelling evidence, and persuading the court or jury of the defendant’s liability.
How Long Do I Have to File a Claim After a Traumatic Brain Injury?
Pennsylvania's statute of limitations for personal injury cases is generally two years. Our attorneys will guide you in determining how long you have to file your TBI case. Failing to file a claim within this period could result in losing the right to seek compensation.
How Our Philadelphia Brain Injury Lawyers Can Help
Our Philadelphia brain injury lawyers are here to guide you through the legal process, help secure compensation, and provide the support you need during a challenging time. Here’s how we can assist:
Comprehensive Case Evaluation
We start by reviewing the details of your case, including the cause of the brain injury, medical records, accident reports, and any other relevant evidence. This initial evaluation helps determine the strength of your claim and the best legal strategy moving forward.
Building a Strong Legal Claim
Our team will gather and analyze all necessary evidence to establish liability. This includes:
- Collecting witness statements and accident scene photos.
- Consulting with medical experts to link the injury to the incident.
- Working with accident reconstruction specialists or other technical experts as needed.
Calculating Full Compensation
Brain injuries often lead to significant long-term costs, such as ongoing medical care, rehabilitation, assistive devices, and home modifications. Our lawyers carefully evaluate your current and future expenses, as well as non-economic damages like pain, suffering, and loss of quality of life, to pursue a fair and comprehensive compensation package.
Handling Insurance Companies
We have experience dealing with insurance companies and their tactics. Our attorneys will handle communications and negotiations to ensure that you aren’t pressured into accepting a low settlement. If the insurer is unwilling to offer a fair resolution, we’re prepared to take your case to court.
Providing Compassionate Support
A brain injury not only affects the injured person but also their family and loved ones. Our lawyers approach every case with empathy and understanding. We’re committed to helping you navigate the legal system so you can focus on recovery and rebuilding your life.
Whether your brain injury resulted from a motor vehicle accident, medical malpractice, a fall, or another form of negligence, our Philadelphia brain injury lawyers are dedicated to fighting for justice and the compensation you deserve.
Contact The Rothenberg Law Firm today for a free consultation. We work on a contingency fee basis, so there are no upfront legal fees. We do not take any money from you, unless and until we are successful in winning your case.
Philadelphia Office Location
The Rothenberg Law Firm LLP
1420 Walnut Street,
Philadelphia, PA 19102
