Traumatic Brain Injury Accident Injury Lawyer in Rochester, MN
A traumatic brain injury (TBI) accident usually involves a serious impact to the head. TBIs can result in long-term, life-altering impairments. The professional personal injury attorneys at Patterson Dahlberg know these brain injuries can require expensive and extensive medical treatment.
Today, we’ll discuss traumatic brain injuries and the accidents known to cause them, particularly here in Minnesota. We’ll cover brain injury statistics and help you decide if you need help from an attorney who is experienced with these types of personal injuries. Remember, if you have questions beyond the scope of this blog, contact us for a no-cost consultation right away.
Let’s start with a look at the most common types of brain injuries and the accidents that cause them.
About Traumatic Brain Injuries & the Accidents that Cause Them
The Centers for Disease Control (CDC) says traumatic brain injury is a leading cause of death and disability among young adults and children. While the statistics for 2020 are not yet available, we know that 1.5 million Americans sustain a TBI every year. 2020 and 2021 statistics might be lower, considering pandemic restrictions related to COVID-19.
Of those 1.5 million souls, 50,000 of them will die from a fatal injury to their brains. 230,000 will be hospitalized with a severe injury but survive. And 80,000 to 90,000 of them will live with a long-term disability.
The Minnesota Brain Injury Alliance website says roughly 100,000 Minnesotans are living with disabilities related to their traumatic brain injury today. 25% of them will never return to work or the lifestyle they once enjoyed.
Risk Factors Associated with Traumatic Brain Injury Accidents
The risk of traumatic brain injury accidents is relevant for everyone. No one is guaranteed safety from them, even if you constantly stay home! For instance, TBIs can occur in our bathrooms if we slip and fall in the shower.
That said, motor vehicle crashes are the leading cause of TBIs that lead to hospitalization. The highest risk of injuries is among adolescents, young adults and the elderly. Instances of traumatic brain injury after an accident is twice as high among males.
Among our senior citizens, falls are the leading cause of TBIs. And statistically speaking, Minnesota’s children are susceptible to bicycle-related brain injury accidents. Sometimes these involve motor vehicles, but not always.
Regardless of the type of accident, TBIs result in short and long-term effects on victims, families, dependents and society.
Effects of Traumatic Brain Injury Accidents: Mild, Moderate and Severe
The Mayo Clinic states TBIs can be mild, moderate or severe. Symptoms can be physical — headaches or blurry vision — or cognitive, like memory loss. Over time, one can experience continued emotional and psychological distress as well.
Effects of a Mild TBI
- Headache
- Nausea
- Fatigue / drowsiness
- Speech problems
- Dizziness or loss of balance
- Mood or personality changes
- Memory problems
- Concentration issues
Sensory issues like ringing in the ears, changes in the sense of smell, or sensitivity to light or sound are all common after a mild brain injury. One might also experience mood changes, sleep changes or memory / concentration issues.
Moderate to Severe TBIs
In addition to all the issues associated with a mild TBI (above), more serious / severe injuries can cause a loss of consciousness or seizures, uneven dilation of the pupils, fluids draining from the nose or ears, loss of coordination, and more.
Cognitive problems can arise, such as profound confusion, agitation, and even coma.
“My child was in a car accident. Should I see a doctor?”
Always see a doctor right away if you or your child experienced a blow to the head. Seek immediate medical care if there are any TBI signs after a car accident, slip and fall accident or bicycle accident. Remember, your child’s health is most important. Only after your child is safely in medical professionals’ care should you call a traumatic brain injury accident attorney.
Do You Need a Traumatic Brain Injury Accident Lawyer?
If you were involved in a car accident or slip-and-fall accident that caused a TBI, contact the experienced legal team at Patterson Dahlberg in Rochester, MN. We have recovered millions in compensation on behalf of our clients who have suffered the short and long-term effects of a traumatic brain injury accident.
Your first step is a zero-cost, zero-pressure consultation with the legal professionals at Patterson Dahlberg. We’ll help you consider all the necessary details and help you find out if you have a case.
“I’ve had a traumatic brain injury accident. Do I have a case?”
The first step in pursuing legal compensation with a personal injury lawyer is determining if you have a case. Many traumatic brain injury accident cases are based on the concept of negligence. Together, you and your attorney need to prove four elements of negligence are present in your claim.
The four elements include a duty of care, breach of duty of care, causation and damages. Let’s take a close look at them. To help illustrate our points, we’ll imagine a Minnesota shoe store in the middle of winter. They’ve neglected to shovel and de-ice their walkway, and a customer falls and hits their head.
Duty of Care
Duty of care means that an at-fault party had a legal obligation to act reasonably prevent harm to themselves and others. For instance, here in Minnesota, we have chilly winters. We expect businesses to shovel, salt or otherwise remove icy and slippery dangers from walkways during winter. That is a reasonable duty of care, and a shoe store is expected to maintain its walkway.
Breach of Duty of Care
The at-fault party failed to uphold its obligation, acted carelessly or unreasonably, and caused you to suffer an injury. If the shoe store didn’t attend to their walkway, it was a breach of duty of care.
Causation
Due to the shoe store’s negligence, unreasonable action or inaction, you suffered a traumatic brain injury. Had the shoe store staff properly acted differently, you would not have been injured.
Damages
Finally, you and your attorney must prove is that you suffered damages due to your injury. Many damages are financial: medical bills, prescriptions, missed work and so on. Ongoing emotional or psychological trauma can be more challenging to prove, but if you need counseling or other help after your injury, be sure to tell your attorney about it.
Remember, it’s always a good idea to contact a traumatic brain injury accident lawyer after a head injury. An experienced personal injury attorney can negotiate for fair compensation or help you file a lawsuit if the insurance company refuses to treat you fairly.
Call an experienced Minnesota personal injury attorney as soon as possible for a no-cost, no-pressure consultation about your TBI accident. We don’t get paid unless you win or reach a settlement that suits YOU. The sooner you contact us, the better the results will be.