E-Newsletter

Brain Injury

March 17, 2007

Overview

Brain injury can be defined as an injury causing a temporary or permanent damage to the brain. In every case of brain injury it is not necessary that the usual symptoms like loss of consciousness, giddiness etc. need be accompanied, and hence, at times brain injury goes unnoticed by the victim in the initial stage. Brain injury can cause physical, cognitive and emotional consequences that can affect a person for a lifetime. An early detection of brain injury is highly essential, to ensure timely medical attention as well as to make a valid legal claim.

Symptoms

Brain injury symptoms can be varied and can be categorized under:

• Physical symptoms-Giddiness, Headaches, Lack of sleep, Tiredness, Nausea, etc.;
• Behavioral symptoms- Depression, Anxiety, Lack of Patience etc.;
• Cognitive symptoms- Memory loss, Lack of attention, Concentration problems, Orientation problems etc.

Apart from the above stated symptoms, it can also include: maintaining attention, perceptual abilities, processing information, memory, initiating actions, inhibiting actions, decision-making, agitation, emotional outbursts, social inappropriateness, difficulty reading verbal/nonverbal cues, self awareness, and cognitive fatigue.

Cause

In New York, for a claimant to state a valid claim, determining the reason for injury is pertinent. Once the cause for the injury is determined, it can be understood whether an action for brain injury will lie and as against whom. Brain injury can occur due to various reasons; some times it can be due to a motor accident, sports injury, slip and fall, some time it can be as a result of a fight involving dangerous weapons. A child may be afflicted with cerebral palsy (type of brain injury) due to a birth or prenatal injury. Even, over exposure to some chemical substance can also cause brain injury such as: Lead, Carbon Monoxide, Manganese, Mercury, Pesticides Solvents-continuous exposure to these chemical may lead to permanent brain injury.

Types

Just as determining the cause of injury, the determination of the type of injury is also pertinent, since this helps the court in deciding the quantum of compensation. The types of brain injury that can badly affect an individual depend on how he, or she, attains the injury. Some types of brain injuries are: Traumatic Brain Injury, Closed Head Injury, Penetrating Head Injury, Aphasia, Swelling, etc.

Who is liable?

When a traumatic brain injury occurs, not caused by health conditions, such as accidents, legal action will lay against the person who is responsible for the injury. For instance, if the injury is caused due to medical malpractice, then an action will lie against the doctor and the hospital, in the case of slip and fall in another’s premises then the premises owner will be liable, if the brain injury was caused will in the course of employment then the employer can be made liable. Therefore, an action for brain injury will lie against a person, depending upon the circumstance causing the injury.

Damages

An injured person shall be entitled for compensation. The quantum of damages will be determined by the court based upon the type of injury and the cause of injury. Also damages shall include medical expenses incurred, loss of income due to delay in return to work, compensation for pain and suffering as a result of the injury and general damages.