Traumatic Brain Injury FAQs

A traumatic brain injury is an injury to the brain that is caused by trauma, violent movement, or oxygen deprivation. Traumatic brain injuries are common in high-impact car accidents, falls, and construction accidents, and they can also occur due to medical malpractice.

Brain injuries are often classified as penetrating or closed. A penetrating head injury means that an object has penetrated the victim’s skull or that the brain is exposed. In a closed head injury, the brain has been jolted but is not penetrated or exposed. Brain injuries also may be classified as either focal or diffuse. This is a way of describing the area of the brain that is affected. A focal brain injury affects only a certain part of the brain, while a diffuse brain injury has widespread effects. Focal brain injuries include cerebral lacerations and contusions. Diffuse brain injuries include concussions, edema, and diffuse axonal injuries.

Imaging studies can be useful in diagnosing a traumatic brain injury, but not all injuries are revealed through diagnostic studies. In many cases, a traumatic brain injury will be diagnosed via the symptoms that the injured person is experiencing. Symptoms can range from dizziness and confusion in relatively mild cases to mood changes, cognitive impairment, and impaired memory and motor skills in more severe cases. In extreme cases, a traumatic brain injury can cause seizures, coma, and death. It is important to note that a person can suffer a traumatic brain injury even if he or she does not lose consciousness.

In most cases, lawsuits seeking damages for a traumatic brain injury will allege that a defendant's negligence caused the injury. In New Hampshire, to prove liability for an accident, you must show that the defendant owed you a duty of care, which is often defined as reasonable care. Reasonable care is the degree of care that a reasonably prudent person would use under the same circumstances. You must then establish that the defendant breached the duty and that the breach caused the accident in which you sustained your injury. Finally, you must show that you suffered quantifiable damages because of the injury. If liability is disputed, you may need to retain a biomechanical expert to prove the manner in which the accident caused your injury. In many cases involving traumatic brain injuries, a defendant will admit liability but dispute the extent of the injured person’s damages. It may be necessary, therefore, to hire a neurological expert to offer an opinion regarding the severity of the injury and the extent to which it has affected your life.

Traumatic brain injuries typically require extensive medical treatment and may result in permanent symptoms, including cognitive deficits. If you suffered a traumatic brain injury, you may be able to recover the reasonable value of any medical expenses that you incurred in treating your injury, as well as any expenses that you will need to incur in the future. If your injury affected your ability to earn an income, you may be able to recover lost earnings and future lost earnings as well. Damages for pain and suffering also likely will be available.

Substantial amounts of damages may be at stake in these cases, which are often fiercely contested as a result. While some of these damages may be obvious, such as hospital bills that the victim has incurred, other damages may be challenging to quantify without the assistance of an attorney who knows how to gather and persuasively present many forms of evidence. An attorney also can investigate the situation thoroughly to identify any non-obvious parties that may have contributed to the injuries. While you are dealing with the stress caused by a devastating, potentially life-changing injury, your attorney can handle the legal nuances on your behalf. You will not get a second chance if you are not satisfied with the results of your first claim, so it is important to avoid taking risks.