Portland Traumatic Brain Injury Attorney
When a client comes to Mayor Law in Portland seeking legal representation for a Traumatic Brain Injury, we understand the impact on the whole family – emotional stress, financial drain, and changed family priorities. All this is happening while you are trying to understand how to get the best medical treatment, whether for yourself or a loved one. Traumatic Brain Injury is a complex and lifetime challenge requiring you to partner with an experienced attorney, one who understands the medical issues, cost of treatment, future costs of care and rehabilitation, and the impact to the entire family’s financial future. Travis Mayor is a Portland traumatic brain injury lawyer that has the resources, knowledge, and experience to be your legal advocate, so you can focus on your recovery. Our goal is to maximize the compensation you need to restore your life, now and in the future, while buffering you from a complex and sometimes insensitive legal process. Call today (503) 610-0005 or email travis@mayorlaw.com discuss the details of your injuries. There is no obligation and consultations are always free.
Car Accidents and Falls Account for 50% of Traumatic Brain Injury (TBI) Cases
According to the CDC, accidents resulting in traumatic brain injury (TBI) are responsible for over 50,000 deaths and nearly 275,000 hospitalizations per year in the United States. The incidence of trips to the ER for TBI related injury has jumped by 29% over the last few years as increased awareness creates an abundance of caution. Current estimates indicate that 3.2 million people are permanently disabled as a result of traumatic brain injuries. Motor vehicle crashes and falls are responsible for almost half of these brain injuries.
Traumatic Brain Injury (TBI) Causes and Symptoms
The brain is very complex and most susceptible to injury as a result of severe impact (such as a head-on car crash or fall) or abrupt movements (such as a side impact car crash). A brain injury or head injury can be caused by the impact of an accident or the subsequent movement of passengers within the vehicle, and finally, movement of the internal organs within the head or spine. These injuries can lead to costly and very involved recovery plans, no matter how mild the brain injury or head injury might be. Typical types of accidents that most frequently result in traumatic brain injuries include 35% from falling accidents, 17% from car accidents, 16% from being struck by an object, 11% from violent personal assaults, and the remainder 21% from other causes.
Unlike other types of injuries, severe brain trauma might not be obvious at the time of the accident. Symptoms such as becoming sleepy, behaving abnormally, blurred vision, nausea or developing a severe headache are indications of potential brain trauma or concussion brain injury, and might not appear for several days or weeks. Many problems can even develop much later in life, such as Alzheimer’s disease, where an earlier severe TBI injury can increase the risk of developing Alzheimer by as much as 60% [1].
Children Are Most At Risk for Traumatic Brain Injury (TBI)
Traumatic brain injury in children 0-4 and 15-19 is the leading cause of disability and death in children and teens in the US [2]. Each year approximately 564,000 children visit a hospital emergency department for a TBI related injury. Of these, approximately 62,000 sustain brain injuries requiring hospitalization and follow-on medical treatment. Injury causes are similar to adults in that car accidents and falls are a substantial contributor, but you can also add sports injuries and physical abuse to the list. What makes brain injury different in children is the brain is continuing to develop. TBI injury in children may impair normal development. This is much different than “repairing” or re-teaching an adult brain to function normally. A brain injury could prevent the child from developing the ability to speak or impair motor skills, coordination development, and memory function. The development impairment of these cognitive skills may affect the development of other skills and escalate into diminished capabilities if left untreated.
Sports-Related Injuries Contribute 21% of TBI in Children and Teens
Sports-related activities contribute about 21% of all traumatic brain injuries among children and teens in the US. While significant progress has been made in legislating and educating children on the mandatory use of protective headgear, helmets, and pads, the injury numbers have continued to rise.
While it is widely recognized that participating in recreational sports has some inherent risk of injury this does not relieve the sports organizations from their obligations to provide and manage the activities in a safe manner with functional equipment. In spite of reasonable safety precautions you might take, you are always vulnerable to the reckless and negligent actions of others. For example, NCAA agreed in July of 2014 to settle a class-action head injury lawsuit by creating a $70 million fund to diagnose thousands of current and former college athletes to determine if they suffered brain trauma playing football, hockey, soccer and other contact sports. This will potentially lead to new rules being implemented regarding head injuries and in a similar manner as the $765M NFL football concussion brain injury settlement, create a compensation fund.
Traumatic Brain Injury (TBI) Compensation
Seeking compensation for a mild, moderate or severe brain injury is a complex and lengthy process that will involve aggressive legal representation from the at-fault party’s insurance company. Their goal is to minimize your compensation. You need to seek legal representation from an experienced Portland traumatic brain injury lawyer who specializes in cases involving brain injuries. The cost of recovery is something most people completely underestimate. Because brain injuries do not heal like other injuries, a course of treatment is dependent on what functionality is lost (speech, memory, etc.) and what symptoms are created (mood change, depression, slowness of thinking, confusion, etc.) This is where an experienced Oregon traumatic brain injury lawyer can help you obtain the best financial settlement — one that provides you with the financial resources needed to get you on the path toward recovery. Your attorney will help you determine potential future expenses by analyzing the following areas:
- Present and future medical expenses – doctors, hospital, medications.
- Rehabilitation, physical therapy, occupational therapy.
- Medications, medical devices, pain management.
- Impairment, scarring, or disfigurement.
- Therapy – psychological distress, anxiety, depression.
- Modifications to accommodate physical limitations.
- Personal care and assistance. Assistance to perform daily functions.
- Pain and suffering, loss of enjoyment of life, impact to family.
- Lost income and impaired earning capacity.
Traumatic Brain Injury Frequently Asked Questions (FAQs)
Why is it so difficult to predict the outcome of traumatic brain injuries?
Answer: Medical science has advanced our understanding of treatment options, but we still have limited knowledge about the brains capacity to heal following an injury. Brain injuries do not heal like other injuries. They are not like a broken bone that heals and functionality is restored. With a traumatic brain injury (TBI) the brain may heal, but the functionality controlled by the brain may be permanently affected. Once the patient is stabilized and no longer in need of acute medical care, the rehabilitation process can focus on achieving specific outcomes such as regaining speech, muscle coordination, sexual function, and changes in the senses. There are no “quick fixes” that can restore the brains functionality, only professional rehabilitation programs. Because the success of any rehabilitation program is different for each individual, predicting current and future expenses needed to restore an individual to pre-accident functionality is difficult and requires a traumatic brain injury attorney in Portland.
What is the cost of caring for someone with a traumatic brain injury?
Answer: Cost of caring for individuals with traumatic brain injuries varies substantially based on such factors as the severity of the injury (mild, moderate, and severe) and the age and health of the individual affected. Several studies developed by the CDC have projected average medical costs as follows:
- Mild brain injury — $85,000;
- Moderate brain injury – $941,000;
- Severe brain injury — $3,000,000+.
These costs do not include emotional and physical issues, lost income, and other types of costs, which can add substantially to any settlement. In addition, the cost of providing long-term care for a head injury survivor is between $600,000 and $1,875,000 over the patient’s lifetime.
Where can I find additional resources on Traumatic Brain Injuries?
Answer: Here are a few of the better resources on Traumatic Brain Injuries available to you on the web:
Brain Injury Association of America
Traumatic Brain Injury Survival Guide, by Dr. Glen Johnson
Getting Results For Accident Victims with Traumatic Brain Injuries
At Mayor Law, LLC our goal is to help severely injured victims restore their lives. Portland personal injury lawyer Travis Mayor will help you by reducing the hassles and inconveniences of your case, while maximizing your financial compensation. Travis Mayor has recovered millions of dollars for his catastrophic injury clients and is ready to help you today. For every client, Travis offers personal service with proven results.
Sources:
[1] “Traumatic Brain Injury And Risk Of Dementia In Older Veterans”, published in the Neurology Journal, July 22, 2014.
[2] According to the US Centers for Disease Control.