If you’ve been in a violent car accident, you were likely taken to the hospital, assessed by doctors, and treated for any injuries you sustained. After a physical examination and diagnostic testing, the doctors discharged you with instructions for recovery and potential follow-up care with your primary doctor. Upon leaving the ER, you’re still shaken by the chaos of the car crash, but you find peace knowing that the hospital staff took good care of you, and that the worst is behind you.
For many car crash victims, that sense of peace will soon come to an end.
Sadly, traumatic brain injuries (TBIs) often go unnoticed by ER doctors. Patients whose brain injuries have been neglected by medical professionals will soon start feeling symptoms, leading to confusion, worry, and the risk of developing long-term disabilities. Learning about brain injuries caused by car accidents (and their legal implications) can help victims understand their rights. Read on to learn more about these high-stakes accidents and whether or not you may be entitled to financial compensation through a brain injury lawsuit or medical malpractice claim.
Traumatic Brain Injuries from Car Accidents
According to the National Institute of Neurological Disorders (NIH), a traumatic brain injury (TBI) is defined as a brain injury caused by an outside force, usually by a “forceful bump, blow, or jolt to the head or body, or from an object entering the brain.” As the second highest cause of TBIs in the United States, car accidents cause several types of traumatic brain injuries, which can have serious consequences, even though they’re often overlooked or misdiagnosed.
The most common types of brain injuries caused by car accidents include:
- Concussions: Concussions are common and typically considered less severe than other TBIs, but they still pose significant risks and warrant serious consideration. Concussions can heal over time, but it can take weeks, months, or years to reach full recovery. If untreated, concussions can lead to lasting consequences, ranging from changes in personality to memory problems and even the development of further injuries like brain swelling.
- Contusions: A brain contusion is a bruise on your brain tissue, which often results from head trauma experienced during a car accident. Like bruises elsewhere on your body, this causes blood vessels to burst and leak blood into your brain tissue. Severe contusions may require surgical intervention and can lead to symptoms like seizures and impaired coordination.
- Coup-Contrecoup Injuries: This is a type of TBI where brain damage occurs at the site of initial impact and on the opposite side of the head where the brain impacts the inside of the skull again. When we experience “whiplash” in a car accident, the force of the collision causes the brain to thrust back and forth, following the movement of the skull and causing this dual impact. Coup-contrecoup injuries are “double” contusions and can cause extensive brain damage and bleeding, leading to serious long-term effects.
- Hemorrhages: Brain hemorrhages involve internal bleeding inside the brain tissue (called an intracerebral hemorrhage) or surrounding areas (a subarachnoid hemorrhage). As a result of TBIs, they increase pressure inside the skull and require immediate medical attention in moderate to severe cases. Brain hemorrhages may require treatment with surgery and medication, and if left untreated, will cause permanent brain damage or even death.
- Diffuse Axonal Injuries (DAI): DAIs occur when rapid acceleration or deceleration of the head causes the brain’s nerve fibers (axons) to tear. Also called a “shearing injury,” DAIs are complex, infamous injuries with high mortality rates (about 30.8%). The majority of these injuries are caused by high-speed car accidents, and they can lead to permanent cognitive and physical disabilities.
All of the traumatic brain injuries listed above can go unnoticed by ER doctors. It is not uncommon for current imaging technologies to fall short when scanning for brain damage, especially soon after the trauma occurs. Unfortunately, this means that even when medical professionals have the best intentions, they can fail to treat brain injuries and issue a misdiagnosis.
Sadly, doctors fail to recognize TBIs at an alarming rate. A study from 2023 found that as many as 30% of car crash victims do not receive adequate emergency care, and will discover their traumatic brain injury only after symptoms start to impact their lives. When medical professionals misdiagnose or fail to diagnose a TBI, your brain injury claim enters the realm of medical malpractice, greatly increasing the stakes of your lawsuit.
TBI symptoms
If you were recently involved in a car crash and are experiencing symptoms like dizziness, headaches, or changes in speech, you should seek medical attention immediately. It is especially important to visit a doctor if the car accident wasn’t your fault, as your condition after the accident could have heavy implications for your lawsuit against the negligent driver.
Traumatic brain injuries can manifest through many different symptoms, often varying based on severity. Common TBI symptoms from a car accident include:
- Persistent headaches or migraines
- Dizziness or balance issues
- Loss of consciousness
- Memory loss and difficulty concentrating
- Sensitivity to light or sound
- Nausea and vomiting
- Fatigue or difficulty sleeping
- Changes in mood, personality, and speech
Many car crash victims with traumatic brain injury may not encounter these symptoms until days or weeks after their accident. Additionally, it is common for people with brain injuries to act and speak normally, but they may begin to feel cognitive impairments like confusion and memory loss over time. Because of this, outside observers may write off their complaints as a headache, migraine, or other mild condition.
If this sounds like you, you should seek medical attention, even if you visited a doctor immediately after your accident. You may also want to speak with an experienced brain injury lawyer who understands both the legal and medical aspects of TBIs after car accidents–they have likely heard stories just like yours. Furthermore, if you received medical care but suspect that medical professionals overlooked your brain injury, you may have grounds for a medical malpractice claim.
TBI Car Accident Settlements: How a Brain Injury Lawyer Can Help
If you’ve suffered a traumatic brain injury after a car accident, you are not alone. Not only are there many other victims like you who have come out on top, but the law is also on your side, and you may be entitled to substantial compensation that will help you recover. The physical, emotional, and financial toll of a brain injury can be devastating, affecting every aspect of your life and your family’s. If another person’s negligence led to your TBI, you deserve legal representation of the highest quality to help ease this burden and secure the resources needed for your recovery and long-term care.
The right brain injury lawyer for your case will have extensive medical and legal knowledge. They will fight to secure maximum compensation for medical expenses, lost income, pain and suffering, and other critical damages. At Stalwart Law, we understand the emotional challenges of your experience, and will fight your brain injury case relentlessly to ensure you receive the maximum settlement possible.
Do not fight this battle alone! If you’re ready to regain your strength and start the road to physical and financial recovery, we encourage you to reach out right now. To tell your story and protect your future, contact the expert brain injury lawyers at Stalwart today.
