Immediate Issues After a Traumatic Brain Injury (TBI)

June 22, 2011

Every year more than 20,000 people in Indiana sustain a traumatic brain injury (TBI). Nationwide, about one million people experience a TBI each year. Medical advancements have reduced fatalities from brain injuries, but as a result many people are now living with disabilities stemming from brain injuries.
A TBI is defined by the Center for Disease Control and Prevention (CDC) as an injury that occurs when "impact to the head results in disruption of brain functioning." There are a variety of causes of TBI, with motor vehicle accidents being one of the most common. Other causes include falls, athletic injuries, physical violence and birth injuries.
TBIs are categorized on a continuum of severity, from concussion and mild TBI, to moderate and severe traumatic brain injuries. The degree of severity refers to whether or not the injury is life-threatening and does not necessarily correlate with a person's functional abilities or recovery. A "mild" brain injury can have serious long-term consequences for some individuals who experience one.

The consequences of a TBI are varied and include cognitive, psychological and physical impairments.

Potential Consequences of TBI
- Seizures
- Paralysis (partial or complete)
- Speech impairment
- Sensory difficulties (vision, hearing, smell, taste)
- Headaches
- Depression
- Anxiety
- Difficulty with judgment, lack of impulse control
- Irritation and mood swings
- Memory loss
- Difficulty concentrating

Treatment
A variety of treatment options are available for those who suffer a TBI. Depending on the type and severity of the injury different interventions may be necessary. Various medications may be used in conjunction with inpatient or outpatient therapy and rehabilitation.

Recovery

The variety of consequences caused by a TBI may make rehabilitation and recovery challenging. The Brain Injury Association of America (BIAA) provides the following suggestions to TBI survivors to aid recovery:
- Rest, don't rush back to work or school.
- Reactions may be slower after a TBI, so TBI survivors should check with their doctors about when it is safe to drive a car or engage in other activities requiring quick reactions.
- Avoid any activities that could cause another injury to the head.
- Write information down if remembering is difficult.

Recovery may be uneven from a TBI and individuals often experience progress which is followed by setbacks. TBI survivors should focus on taking it one day at a time.

Caregivers

When a person suffers a TBI, his or her whole family is likely affected. Caregivers in the family may experience stress, frustration, anxiety and depression. It can be difficult for caregivers to know how best to help their family member through this challenging time. Some recommendations for caregivers include:
- Plan for discharge from the hospital well ahead of the event. Have a good grasp of how your family member's deficits will impact life at home and what strategies can be used to compensate for them.
- Prepare the home for the family member's arrival to enable them to be as independent as possible. This may require rearranging furniture, labeling drawers and having notepads readily available (the notepads may be used to aid in communication or memory).
- Establish a structured routine that includes as much activity as your family member can handle without becoming too tired. Help make future plans for your family member so they have events and activities to look forward to.

Support Groups

Many people who have sustained a brain injury, or family members or caregivers of individuals with brain injuries, may benefit from brain injury support groups. Such groups gather together to share experiences and provide emotional support and encouragement.
One good way to find a support group in Indiana is to go to the Brain Injury Association of Indiana (BIAI) website, which lists local groups and contact information. There are 16 different support groups connected with BIAI in areas around the state.

Guardianships

Under certain circumstances the family of a TBI survivor may want to consider a guardianship. A guardianship is an option to consider if an adult TBI survivor is unable to make informed decisions regarding his or her health, safety and finances. The family should also determine whether the survivor has the ability to effectively evaluate information, communicate his or her wishes, and manage daily affairs.

An attorney can assist families in getting a guardian appointed. Medical documentation is also generally required to prove a TBI survivor is incapacitated and in need of a guardian. If the court finds a guardianship is necessary a judge will appoint a guardian to act on behalf of the incapacitated person. Generally the guardian is a family member who the court is confident will act in the incapacitated person best interests. The guardian may make a variety of decisions about the incapacitated person's life and finances.

Expenses

A TBI survivor may be overwhelmed with bills and expenses following the injury. These include costs from medical expenses, rehabilitation and insurance co-pays. The injury may prevent a person from returning to work, resulting in a loss of income.
If the brain injury was caused by another individual's careless or reckless actions, an attorney can help the TBI survivor pursue compensation to cover expenses and potentially additional damages for pain and suffering.

Some people may be hesitant to contact an attorney because of the fear that they will be unable to pay attorney fees. Most law firms, however, will not charge any attorney fee unless a recovery is made on the claim.

If you or a family member has suffered a TBI, a knowledgeable Indiana traumatic brain injury (TBI) lawyer will explain your options, advocate on your behalf, and help you seek the compensation you deserve.

Our law firm's philosophy is based on the belief that injury victims deserve respect and dignity as they encounter legal situations. Our responsibility is to fight on their behalf to ensure they are justly compensated. We provide the highest standard of representation to clients nationwide.

Provided by: Doehrman Chamberlain
www.tortslaw.com