Indianapolis TBI Attorneys - Cohen & Malad, LLP

Traumatic Brain Injury — TBI

Traumatic Brain Injury Lawyers in Indianapolis, Indiana

Brain injuries don’t just affect one person – they affect the whole family.

Traumatic brain injury (TBI) is defined as an alteration in brain function or brain pathology caused by an external force. The Centers for Disease Control (CDC) states the leading cause of TBI is falls followed by blunt trauma which includes assaults, vehicle collisions, sports injuries, and explosive blasts.

A person does not need to lose consciousness in order to suffer a traumatic brain injury. It is also possible that a person may not exhibit symptoms of a brain trauma immediately after the incident occurs. Symptoms may present weeks or months later and could include

  • Memory loss of events prior to or after the event
  • Neurologic deficits which can include muscle weakness
  • Loss of balance
  • Changes in vision
  • Headache
  • Loss of smell or taste

The above list is certainly not all-inclusive as each TBI is unique. For this reason, it is imperative to select qualified medical professionals to assess the injury.

Traumatic Brain Injury Assessment

The Glasgow Coma Scale (GCS) evaluation is based on a 15 point scale for estimating the outcomes of brain injury based on overall social capability and dependence on others. While this is a common assessment that is performed to evaluate brain injuries, it does not determine whether a person may have lifelong brain damage. The GCS specifically measures motor response, verbal response, and eye opening response. It is important to note that many persons who have sustained a brain injury still present with a GCS score of 15.

The Ranchos Los Amigos Scale is another brain injury evaluation tool. It measures the levels of awareness, cognition, behavior and interaction with the environment.

Other tests that are important in determining the severity of a traumatic brain injury include diagnostic tests like MRI, CAT scan, and Neuroquant exams. Forensic examinations related to neuropsychological changes are also imperative to properly diagnose the magnitude of the injury.

Traumatic Brain Injury Lawsuits

Personal injury claims that involve TBI are complex and require an attorney that has a thorough understanding of brain injury diagnoses as well as the legal challenges of litigating claims for damages. The financial needs of the victim and their family can be significantly different from other personal injury lawsuits. Costs for ongoing medical care for victims of TBI approach $80 billion per year in the United States.

Thorough litigation of a brain injury lawsuit requires a host of resources. Expert medical testimonies along with sworn statements from lay witnesses about how the client has changed since becoming a victim of brain trauma can help illustrate to a jury the magnitude of the damage a person has suffered. Medical experts can include treating physicians, physiatrists, neuro-psychologists, radiologists, therapists, and other experts in the field of neuroscience.

Resources for Victims of Traumatic Brain Injury

The Brain Injury Association of America (BIAA) is the oldest and largest nationwide brain injury advocacy organization. The organization was created by individuals who sought ways to improve the quality of life for their family members and others who suffered from brain injuries. BIAA, through its state affiliate chapters, serves as a unifying voice advocating on behalf of victims of brain injury and their families for access to care and community. The organization helped play a role in the adoption of the Jacob Sexton Military Suicide Prevention Act into law in December 2014. The Sexton Act is intended to give mental health support to all service members who suffer from PTSD, head injuries, or any mental illness. BIAA also wrote a “friend of the court” brief related to brain injuries sustained by football players related to the NFL/NCAA Concussion class action litigation that is currently on-going.

Lawyers for Victims of Traumatic Brain Injury

If you or a loved one has suffered from a traumatic brain injury or was involved in a serious accident involving a head injury, contact our attorneys Greg Laker and Dan Chamberlain, who have been helping clients with brain injuries for more than 25 years. Greg Laker is the chair of the firm’s personal injury practice group. His practice includes extensive litigation of brain injury claims on behalf of both children and adults. Dan Chamberlain is a Board Certified Trial Lawyer by the National Board of Trial Advocacy and has litigated numerous traumatic brain injury cases on behalf of victims and their families. Both Greg and Dan can provide you with a free case evaluation and discuss your legal rights and options in pursuing a legal claim. Dan also serves as the chairman of the board for the Brain Injury Association of America and is a staunch advocate for TBI victims and their families. He has lectured on legal topics related to neuroscience across the U.S. including the Indiana University Robert H. McKinney School of Law.