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There are several types of brain injuries in Maryland to be aware of. For each type of injury, there are different treatment plans and ways of valuing your case. Thus, we proceed differently depending on the diagnosis by your doctor. Each type of brain injury presents a different set of challenges. We adapt depending on the challenges you present. For example, you may own and operate a business, but now you cannot run it due to brain injury. Accordingly, we will take steps to mitigate the damages to your company and ultimately protect your right to legal compensation for the loss of any business. To do so, we must also inspect your profits before and after your injury. You may be entitled to the difference between those two figures. But, you are required to take steps to protect that recovery.
Below, we discuss a range of the types of brain injuries in Maryland that you will see, and we also provide actionable steps to protect your legal rights. We also examine what is needed in your medical record to make a successful claim. This is not to say that you should try to influence your doctors to include something that does not belong in your record. Rather, we require evidence to prove elements of your case, as the burden of proof lies with us as the plaintiff. Accordingly, your knowledge and understanding of the legal process pertaining to brain injuries, particularly for the type of brain injury you have, is crucial to your success in the legal process. Below, we discuss the common causes of these brain injuries, briefly describe their effect on your function and daily life, and how we respond to each one legally.
A concussion is the most common type of traumatic brain injury. While the defense may refer to this type of injury as “mild,” the reality is that any injury to the brain is anything but mild. Much is still unknown regarding concussions. Some concussions lead to occasional headaches or migraines, while others lead to a severe reduction in cognitive ability and even death. A concussion is a type of brain injury in Maryland that we handle daily. However, just because they are common does not mean they should be taken lightly. The best thing to do is to seek immediate medical attention after a brain injury. They may refer you to a specialist or perform CT scans from there. If they deem you require further medical attention, it is best to adhere to that advice.
As Maryland brain injury attorneys, we evaluate the value of every concussion case a bit differently. Ultimately, the value of your case starts first with any medical expenses and lost wages. Then, we must consider the length of time in combination with the severity of your type of Maryland brain injury.
A contusion is a bruising of the brain tissue. It is a serious type of brain injury in Maryland because it can lead to brain swelling. If the brain swells past the point of the skull, it can lead to death. Thus, it is imperative that you seek immediate medical attention if you believe you have a brain contusion. A contusion generally occurs at the site of impact. Meaning, if you hit your head on the steering wheel or airbag in a car accident, that is where the contusion will occur. The brain striking the skull may be known as a coup-contrecoup injury. Symptoms might include cognitive impairments, emotional and sleep disturbances, and, in severe cases, physical impairments or unconsciousness.
To diagnose a brain contusion, doctors use medical imaging such as CT scans or MRIs. Unfortunately, because swelling can lead to death, doctors will intervene with surgery in more extreme cases. As you might imagine, a brain contusion can happen even due to a less significant impact against a steering wheel or in a slip-and-fall. This is why we recommend visiting a doctor immediately after a head injury. There is no way to know the type of brain injury in Maryland that you have until a doctor performs tests. Once they perform those tests, they will be entered into your medical record. This is valuable evidence when we look to settle or litigate your case.
Second impact syndrome, or SIS, is as simple as it sounds. However, the legal implications are slightly more nuanced. To be clear, second impact syndrome is when an accident victim already has a brain injury and then sustains a second injury before symptoms from the earlier injury have subsided. Tort law has a particular holding on this type of brain injury in Maryland. The general rule states that when a defendant’s negligence causes an aggravation of a preexisting injury, in this case, a preexisting brain injury, the subsequent defendant is liable for the damages caused by the aggravation.
The law in Maryland views this as a new injury. In some instances, the initial tortfeasor is liable for the second impact if foreseeable. For example, if you are rear-ended by one car and hit by another car, the driver of the car that hit you first is liable for both the first and second impacts on your brain. However, if the second impact was not foreseeable in some other sequence of events than the one just described, the initial tortfeasor may not be liable for the damages sustained from the second impact. This is known as an intervening cause, which is generally unforeseeable.
Clearly, this is a complex type of brain injury in Maryland tort law. If you have any questions, contact our office to discuss liability and the potential viability of your claim.
A penetrating injury, as the name suggests, is among the most severe types of brain injuries in Maryland. This type of injury occurs when an object penetrates the skull and enters your brain tissue. They are often caused by shrapnel, knives, or pointy parts found in a store, car, truck, or somewhere else where a personal injury might occur. Symptoms of a penetrating brain injury can vary significantly. Ultimately, you may make a full physical recovery, or you may suffer from permanent cognitive impairments. Rehabilitation is tailored to the specific needs of the individual and can include physical therapy, occupational therapy, speech therapy, and psychiatric support.
In almost all cases of penetrating brain injury, emergency brain surgery is necessary to remove the foreign object from your brain matter. Then, the brain tissue must be repaired, and surgeons must be diligent about avoiding infection. As one might imagine, getting an infection in that area of the body is one of the worst things that can happen apart from the injury.
This type of brain injury in Maryland occurs when the brain is deprived of oxygen. This is unlike any of the former brain injury types discussed because it does not necessarily require physical trauma. Instead, you may suffer this type of injury due to drowning or a physical battery.
For more information on the types of brain injuries in Maryland or to determine whether you have a viable claim for personal injury, contact our seasoned Maryland brain injury law firm. Our team of attorneys has been practicing in Maryland for over 70 years. With decades of experience, we stand ready to maximize the compensation you deserve following a traumatic brain injury.
Contact our office today for a free consultation at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.