Sacramento Personal Injury Lawyer - Head & Brain Injuries - Most Commented

Why people affected by brain injuries need a legal representation

John Demas — Thu, 13 May 2010 20:45:37 GMT

To understand why legal representation is necessary for a person affected by brain injuries, it first helps to know what one is. The Brain Injury Association of America describes a traumatic brain injury as "a blow or jolt to the head or a penetrating head injury that disrupts the function of the brain.

However, the BIA notes that not all blows or jolts to the head cause TBI and, much like other injuries and afflictions, there are different grades of TBI, based on the severity, ranging from "mild" to "severe."

The Mayo Clinic maintains a list of symptoms of each grade. Mild brain injuries can result in brief loss of consciousness, amnesia for events that occurred immediately before or after the injury was sustained, headaches, confusion, dizziness or loss of balance, sensory problems like blurry vision, ringing in the ears, or a bad taste in the mouth, mood swings, and/or problems remembering or concentrating. Severe brain injuries can cause persistent headaches, nausea or repeated vomiting, convulsions or seizures, inability to wake one's self from sleep, dilated pupils, slurring of the speech, weak or numb extremities, lost coordination, profound confusion, and/or agitation and combativeness.

The BIA says that 1.4 million people in the U.S. suffer a traumatic brain injury each year. Of those 1.4 million, 50,000 die, 235,000 require hospitalization, and 1.1 million are treated and released from hospitals. Those figures don't include the unknown number of people who suffer a TBI and do not seek medical attention.

The BIA cites estimates from the Centers for Disease Control and Prevention that highlight another reason to seek legal representation: the long-term effects. The CDC says that at least 3.17 million Americans currently require long-term or lifelong assistance in performing activities of daily living. And not all of these needs can be met. The CDC says that that approximately 40 percent of people who visit the hospital have at least one unmet need a year later, with the most frequent unmet needs being improving memory and problem solving, managing stress and emotional upsets, controlling the temper, and improving job skills.

Many times these needs are unmet due to another reason one should seek legal representation: monetary expenses. The BIA says that in the U.S. in the year 1995, the estimated total for direct medical expenses and indirect costs like lost productivity was $60 billion.

The Brain Injury Resource Center cites a National Institutes of Health study that reported 85 percent of brain injury patients not receiving any treatment or counseling concerning the long-term complications. In that same study, it was discovered that the high cost of rehab services has placed them out of the reach of many people who would otherwise seek their aid.

Finally, another major reason to seek legal representation is the vulnerability of you and your loved ones after suffering a brain injury. The Brain Injury Resource Center says that an investigation conducted by the Justice Department discovered that several patients had been taken advantage of by several leading head injury rehab facilities.

So why should someone who suffers a brain injury seek legal representation? Because the injury itself can have long-term, possibly permanent effects, to recover the costly expenses of treatment, care and rehabilitation, and because you and your family may be left vulnerable and it helps to know you have someone on your side.

Originally posted at InjuryBoard by John Demas

Children and traumatic brain injury

John Demas — Tue, 29 Jun 2010 16:47:41 GMT

When you throw a stone into the center of a small pond, it creates a beautiful ripple that expands from the center and stretches slowly but surely across the pond. If the stone was large enough, the ripple may eventually touch everything on the pond’s surface- plants, bugs, and ducks included- until it reaches the edges of the pond. Ripple effects apply to unpredictable situations that can have unforeseeable effects on future circumstances. For example, if a child sustains a serious injury early in his or her life, that incident is likely to have a profound effect upon myriad aspects of the victim’s development and future.

Unfortunately, brain injuries are often more harmful to children than to adults. They cause approximately one hundred thousand hospitalizations each year. Children can sustain head injuries in auto and bike accidents, falls, and sports accidents. Originally, neuroscientists and physicians believed that it was more beneficial to sustain a brain injury as a child, rather than as an adult, since the brain is still in developmental stages and should have time to “correct” itself. However, it is actually more harmful for an individual to sustain brain damage at a young age for three reasons: children’s brains are damaged more from impact than adults’ brains, damage can interfere with the developmental process, and the extent of damage is extremely difficult to measure.

We learn early on that out skulls and ribs act to protect our vital organs. The stronger our bones, therefore, especially our skulls, the better protected we are. Children’s skulls are softer and thinner than adults’ since they are still in development. Therefore, a heavy blow dealt to a child is likely to cause much more damage than a blow of equal force dealt to an adult.

In children, some side effects from a head trauma may not be apparent for many years. Frontal lobe functions, for example, develop relatively late in a child's growth; thus, injury to the frontal lobes may not be detected by doctors until the child should start to develop higher reasoning skills later in life. Since the frontal lobes also control social skills, damage to this area of the brain in very young children may not manifest until such skills surface later in development as children begin to interact with their peers at school. Injury to cognitive and reasoning centers in the brain may not be detected until the child begins his or her education and exhibits signs of delayed reading and writing skills.

It is more difficult to determine the extent to which a child has lost brain function if the brain is still in early development simply because the child has not yet had the opportunity to exhibit his or her full potential. The younger the child, the less medical and personal information is on record. For injured adults, academic records, test scores, past achievements and abilities, and job histories can be used to compare and measure the effect of a brain injury, whereas it is much harder to determine the degree of lost potential in a child. An adult’s life history is a useful tool for doctors trying to diagnose the extent of an injury and offer a prognosis; children’s physicians are at a disadvantage since they lack this information.

Despite the fact that it typically takes until a child reaches the age of five to accurately evaluate the harm he or she has sustained and the obstacles that are likely to face him or her, statutes of limitation still apply when it comes to collecting damages. Parents of young injury victims may have difficulty to determining and collecting the amount it will take to properly cover medical costs and other accident-related expenses. Since it is impossible to see into the child’s future, parents may feel helpless when faced with all the possible expenses and difficulties that lay ahead. Immediately after an injury, there may be no way of knowing how far the ripple effect from an accident can extend. It can be frustrating and detrimental to make a claim before you know what you’re going to need. That is why, if a child is injured, it is always wise to consult a personal injury attorney who specializes in head trauma to young patients; doing so can help you determine the steps you need to take to ensure the best health and future for your child.

Demas & Rosenthal has been representing injury victims for nearly twenty years. We are committed to offering the highest quality representation and level of service. We have extensive experience handling a variety of brain injury and have the resources to take on major corporations and insurance companies; Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will provide a free consultation. Demas & Rosenthal will provide a free, confidential consultation if you were injured. The free consultation offer extends to family members as well

Originally posted at InjuryBoard by John Demas

Symptoms of Traumatic Brain Injuries

Jessica Grigsby — Wed, 23 Jun 2010 16:05:21 GMT

Whether the result of a crash, violence, fall, or explosive blast, traumatic brain injury can cause extensive physical and psychological effects. Because the brain controls movement, behavior, thought, and sensation, any trauma to this vital organ can cause long-lasting effects. Depending on the severity of brain injury, a victim may experience a host of symptoms. A mild traumatic brain injury, also known as a concussion, includes the following signs and symptoms:

· A brief period of unconsciousness

· Amnesia for events immediately before and after the injury

· Headache

· Confusion

· Dizziness or loss of balance

· Sensory problems, such as blurred vision, ringing in the ears or bad taste in the mouth

· Mood changes

· Memory or concentration problems

However, when the injury is moderate to severe, the signs and symptoms also grow in severity to include the following:

· Persistent headache

· Repeated vomiting or nausea

· Inability to awaken from sleep

· Dilation of one or both pupils of the eyes

· Slurred speech

· Weakness or numbness in the extremities

· Loss of coordination

· Profound confusion

· Agitation, combativeness

Always check with a doctor if you have experienced a blow to the head and suspect traumatic brain injury. Emergency care is critical if convulsions, weakness or numbness in the extremities, repeated vomiting, or slurred speech result from the blow.

Demas & Rosenthal has been representing injury victims for nearly twenty years. We are committed to offering the highest quality representation and level of service. We have extensive experience handling a variety of brain injury and have the resources to take on major corporations and insurance companies; Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will provide a free consultation. Demas & Rosenthal will provide a free, confidential consultation if you were injured. The free consultation offer extends to family members as well

Originally posted at InjuryBoard by Jessica Grigsby

Many Americans Regularly Battle Traumatic Brain Injuries

John Demas — Tue, 30 Mar 2010 19:44:28 GMT

According to the Centers for Disease Control, (CDC) approximately 1.7 million Americans sustain a traumatic brain injury (TBI) each year. While some of these people may fully recover, others may die from their injuries or have to develop coping skills for

living as a disabled person for the remainder of their lives.

A traumatic brain injury can develop following a bump, jolt or blow to the head. It can also occur due to a “penetrating head injury that disrupts the normal function of the brain.” The injured party may just suffer a “mild” TBI that only causes a brief change in his (or her) consciousness or mental functioning. However, others may incur “severe” TBIs that cause an “extended period of unconsciousness or amnesia after the[ir] injur[ies].” Fortunately, most people only suffer a milder form of a TBI called a concussion.

While highly active people may suffer a TBI as a result of a contact sport, many others may experience one following a car accident or after simply falling in their own home. Regardless of the cause, immediate attention may be required if some of the more serious TBI symptoms, set forth below, are present.

Some of the Most Serious Signs of a TBI

· Ongoing vomiting or nausea;

· Slurred speech (this can also indicate a recent stroke);

· Seizures or convulsions;

· Great difficulty in waking from sleep;

· Dilation of one’s pupils;

· Marked confusion, agitation or restlessness;

· Problems with one’s coordination; or

· A headache that continues to worsen (Source: CDC poster on TBIs)

While an immediate trip to an emergency room (or doctor’s office) may not be necessary when only one or two of the symptoms listed above appear after a bad fall or blow to the head, it’s often wise to be a bit conservative and seek out expert medical help when anyone experiences a possible brain injury.

Many of the following symptoms may also be present when someone has suffered a TBI. (Note: Since some of the symptoms listed below can also signal a recent stroke, form of dementia or other impaired physical or mental state, it may still be wise to visit a doctor to be sure the injured party is properly diagnosed and treated.)

Less Serious Signs of a TBI (Which May Still Mandate a Complete Exam)

· Experiencing much less energy a good bit of the time or a loss of motivation;

· Struggling with impaired memory, concentration or organizational skills;

· A low-grade headache that never really leaves you;

· A slowdown in your ability to think, read, speak or act;

· Becoming more confused or getting lost more frequently;

· Experiencing a marked change in your sex drive;

· Hearing some type of ringing in your ears; or

· Having to learn to cope with a new type of dizziness or loss of balance

We will soon be publishing additional articles on traumatic brain injuries to further explain how TBIs can permanently change people’s lives and to discuss the types of treatment now available for such injuries.

* * *

Demas & Rosenthal remains one of Sacramento’s most highly respected and accomplished personal injury law firms. We’ve been successfully representing clients since our firm first opened its doors back in 1993. Every Demas & Rosenthal attorney takes pride in obtaining the full compensation and complete justice owed to every client.

Originally posted at InjuryBoard by John Demas

Can Progesterone Help Traumatic Brain Injury?

Chrissie Cole — Sun, 21 Feb 2010 12:08:00 GMT

Research has suggested that progesterone, a hormone normally found in our bodies, could also be used to protect damaged brain tissue.

In March, scientists will begin a phase III clinical trial. They say the drug could save patients’ lives and reduce brain damage. The trial will involved 1,000 patients with brain damage in 17 trauma centers across the United States over a six year period.

A previous study of 100 patients showed that progesterone injections, given soon after a head injury, safely reduced the risk of death and long-term disability.

The ProTECT III study will be lead by scientists from Emory University. ProTECT Overview.

In the U.S. an estimated 2 million Americans sustain a traumatic brain injury, or TBI, leading to 50,000 deaths and 235,000 hospitalizations annually.

Originally posted at InjuryBoard by Chrissie Cole

Fibromyalgia

Laura Mackie — Mon, 29 Jan 2007 13:56:04 GMT

If you are representing a client who is diagnosed with Fibromyalgia you may encounter stiff resistance from opposing counsel on nearly every issue associated with your client's claims of pain, suffering and residuals. Why should this be the case? Simply stated, because historically, persons suffering from Fibromyalgia were thought to be imagining their symptoms. The attitude of "it's all in their heads" was adopted by physicians as well as the legal community. In recent decades, however, medical studies have proven that fibromyalgia does indeed exist. In fact, it is estimated to affect between 2% and 6% of people worldwide.

Fibromyalgia is a medical syndrome that is often misunderstood and therefore misdiagnosed. Symptoms are generally described as widespread pain and stiffness in the muscles and joints as well as sleep problems leading to chronic daytime fatigue. Somewhere between 80% - 90% of people diagnosed with fibromyalgia are middle-aged women, although it can affect people of all ages and both sexes. Clinicians who care for patients with fibromyalgia report a range of possible causes that include: 1. Repetitive stress injuries 2. Automobile accidents 3. Other traumatic events

Originally posted at InjuryBoard by Laura Mackie

Skull fractures and Auto Accidents

Laura Mackie — Tue, 21 Nov 2006 15:06:33 GMT

Over one million people are seen by medical doctors every year in the U.S., due to having received a blow to the head. 50,000 to 100,000 of those individuals will have prolonged problems that will affect their ability to function in their daily lives.

Although most people would prefer not to dwell upon the subject, the legal community is well aware that it is not uncommon for fractures of the skull to occur in auto accidents.

Although the skull is tough, resilient, and provides excellent protection for the brain, a severe impact or blow can result in fracture of the skull. A fractured skull generally results in an injury to the brain. Injuries to the brain, whether classified as open or closed injuries; are often life-threatening. Someone with a skull fracture should always be admitted to the hospital for treatment and/or observation.

As recently as October of this year, a well known rapper known as Cassidy suffered a fractured skull in an auto accident. As is the case whenever a celebrity is injured, Cassidy's injuries have spurred a sudden interest in the dynamics of brain injuries and in particular, skull fractures.

Originally posted at InjuryBoard by Laura Mackie

"I don't remember anything about my accident."

Ed Smith — Wed, 18 Oct 2006 17:49:32 GMT

You are not alone. Many many victims of motor vehicle accidents say the same thing. In fact, a medical diagnosis exists addressing this very problem: "Traumatic Amnesia". As descirbed, even a relatively "minor" car accident in which the occupant suffers only mild whiplash symptoms, can result in an 'interruption in the short/long term memory transfer mechanism."

What this means is, that if you don't remember details about your car accident, it is probably normal and may indicate potentially more serious problems associated with a mild Traumatic Brain Injury.

The lack of the ability to recall the details of the accident also means that it may be difficult (or certainly more difficult) to prove who did what in terms of accident investigation, insurance claims, or a courtroom. If you have sustained an injury like this, and have no memory of the collision, it would be advisable to insist, at the scene, upon a formal accident investigation by a peace officer. It would also be advisable to mention these symptoms to a physician so that other symptoms of a closed head injury (dizziness, nausea, personality changes, among just a few) can also be assessed.

Originally posted at InjuryBoard by Ed Smith

Iraq War Vets with Brain Injuries

Ed Smith — Fri, 13 Oct 2006 16:05:22 GMT

We have lost close to 3,000 American Soldiers in Iraq, there have been about 20,000 wounded soldiers and now President Bush decides to cut the budget that had been set aside for traumatic brain injury centers that would treat these soldiers by half.
The president has also cut $190 million from the Department of Veterans Affairs budget for 2007, even though it is currently underfunded and the wounded soldiers already have to wait months to get appointments for care. This is while cutting taxes paid by the wealthiest 5 percent of American society and while median incomes for middle-class America have dropped for the fifth straight year.

Originally posted at InjuryBoard by Ed Smith

What is a Cerebral Contusion?

Ed Smith — Fri, 13 Oct 2006 15:19:11 GMT

A cerebral contusion is categorized as bruise or bleeding of the brain. A contusion may be caused by sudden accceleration which causes the brain to jolt.
This is usually cased by a forceful blow to the head or when the head comes into forceful contact with an unmoving object. Not only can the brain at point of impact be damaged from the forceful blow, but the opposite side of the brain can also be injured as it strikes the opposite side of the skull.

Cerebral contusions frequently result from motor vehicle collisions as the forces of impact often are sufficient to cause the brain to move forward and impact the frontal skull (and, often, then rebound from the frontal skull to the rear skull).

Cerebral contusions unfortunately often result in what is referred to as a "traumatic brain injury" and can result in decreased emotional responsiveness, lost consciousness, memory problems, confusion, nausea, changes in neurological function, and combativeness, among other symptoms.

Originally posted at InjuryBoard by Ed Smith