Brain injury is an insult to the brain that generally results from an external trauma such as a blow to the head, but may also occur without any physical contact to the head as in a sudden acceleration/deceleration injury caused by a car crash. Trauma or forces exerted on the brain cause damage which often might be at the microscopic level which as a result can impact speech, cognition, behavior, personality, emotions, and perceptions.

No. Often the person may sustain no loss of consciousness or coma or only a fleeting alteration in consciousness. Nonetheless, there may be injury to the brain, which can cause deficits in a person's functioning.

Absolutely. The statistics regarding head injury are staggering. Approximately two million head injuries occur each year in the United States and between 75,000 and 100,000 Americans die each year as a result of traumatic brain injuries. For those who survive, 500,000 will require hospitalization and 70,000 to 90,000 will suffer long-term, physical, intellectual, psychological and cognitive deficits. However, the general public is not generally aware of the gravity of the situation. This is why head injury is often referred to as the "silent epidemic".

Motor vehicle accidents account for more than half of all head injuries. Other causes are falls, industrial accidents, sporting accidents and acts of violence.

Emergency rooms are generally set up to deal with life threatening and emergent physical injuries and not the more subtle cognitive deficits that may result from a neurological insult to the brain. If there are not "gross" signs of damage, such as hemorrhaging, swelling or contusion of the brain, or signs of skull fracture or other serious trauma to the head, a brain injury may be ignored or not diagnosed in the emergency room. In addition, routine neurological examination is not necessarily capable of picking up subtle, cognitive impairments that can result from a diffuse axonal injury, which is injury to the brain cells themselves on a microscopic level. Similarly, neuroradiological diagnostic tests are not equipped to pick up microscopic damage that results from an acceleration/deceleration injury to the brain.

Clearly, if there is evidence of gross damage to the brain, such as hemorrhaging, swelling or contusions, these physical findings will generally be detected on a CT scan or MRI. Further, a neurological exam may detect evidence of neurological insult. However, where the damage is microscopic, such as in the case of diffuse axonal injury, the diagnosis must be made as a result of the history obtained from the patient (for example, a blow to the head or sudden acceleration/deceleration injury), the symptoms reported by the patient (such as alteration of consciousness, headaches, dizziness, confusion, impulsivity, personality changes or cognitive difficulties) and the results of neuropsychological testing, which is sensitive enough to detect impairments in cognitive, perceptual and emotional functioning.

This phrase in many respects is a misnomer. There is nothing "mild" about a traumatic brain injury as even a brain injury which does not result in any loss of consciousness can have serious impact on a person's day-to-day functioning. However, generally, where the person sustains no loss of consciousness or a very brief period of alteration of consciousness, the brain injury is referred to as "mild." However, the degree or presence of loss of consciousness does not necessarily have a direct correlation with the sequeli resulting from the brain injury. Certain individuals, either as a result of the nature of the injury to the brain or genetic makeup or predisposing physical, cognitive and emotional reasons, may sustain devastating impairments which interfere with the person's ability to function from even a "minor" traumatic brain injury. The degree of brain injury refers only to the acute phase and the length and presence of any loss of consciousness, and not to the long-term impact that the injury may have on the person's ability to function.

While each person is different and the symptoms associated with a brain injury may differ, generally, one finds a change or loss of consciousness, dizziness, headaches, memory impairments, visual disturbances, speech disorders, disorientation and balance difficulties.

Individuals who have suffered a brain injury may experience symptoms and impairments in a number of areas including cognition, memory, problems with arousal, impaired judgment, disorientation, language and learning deficits, fatigue, hearing and vision impairments, emotional lability, anxiety and depression, disinhibition, and other physical, behavioral, personality and emotional changes.

Yes. The sooner you or your loved ones call, the stronger your case will be. For more information on contacting a brain injury attorney click Here

Yes. While all attorneys must pass certain minimum standards to practice law and be licensed by the state, there are vast differences between attorneys in terms of their areas of practice, level of experience and the types of cases they handle. Brain injury cases are unique and one should consider finding a lawyer who is knowledgeable, experienced and concentrates his practice in handling traumatic brain injury cases, in the same way that one would want to find a doctor experienced in these injuries before seeking treatment.

Absolutely. The old saying "an educated consumer is the best consumer" is absolutely true. You are the consumer and have every right to know the degree of your lawyer's experience in handling cases such as yours. It is perfectly appropriate to ask to see information regarding the lawyer's professional background, the number of cases that the lawyer has handled dealing with head injuries, the lawyer's experience in trying such cases and other matters concerning the lawyer's professional background and experience.

No. Lawyers at Barron & Stadfeld, P.C.'s Traumatic Brain Injury Litigation Group, like most lawyers who handle such cases, consult with a perspective client for no charge. If it is determined that there is a case that can be pursued on the individual's behalf, then the lawyer and the client will enter into a contingent fee agreement which will provide that the attorney will only get paid if you recover (the "contingency") and then the method of payment is that the attorney gets a percentage of what you recover. If you lose, the attorney does not get paid for his or her time. This agreement will be in writing and will spell out any other terms of the engagement.

Yes. To successfully pursue a claim involving traumatic brain injury, the lawyer will generally have to involve a number of experts who charge for their time. Accordingly, neuropsychologists, neurologists, accident reconstructionists, economist, vocational rehabilitation counselors, life-care planners and other professionals may be retained in the pursuit of your case. The cost of these professionals will generally be advanced by the law firm. The law firm will then be reimbursed for these expenses from any recovery obtained on your case. However, you should discuss these costs and other expenses with the attorney because generally these expenses will remain the client's responsibility.

Yes. Although the lawyer may be primarily retained to pursue a claim on your behalf, for example, arising out of a car accident, the lawyer should be knowledgeable about other private and public benefits to which you might be entitled including social security disability, Medicare, private disability insurance, health insurance and other programs. Lawyers at Barron & Stadfeld, P.C.'s Traumatic Brain Injury Litigation Group are knowledgeable in these areas and are prepared to assist you in pursuing your right to any other benefits to which you might be entitled.

Yes. A knowledgeable and capable attorney will not just settle a client's case without considering and making appropriate provision for the ability of the client to manage what may be a large sum of money, address the need for a possible guardian, the need for a possible settlement trust or other legal vehicle to preserve eligibility requirements for public or private benefits, the need for long-term financial planning and the possibility of a structured settlement or other vehicles designed to protect the client's interests.

Yes. Until you are satisfied that attorneys at Barron & Stadfeld, P.C.'s Traumatic Brain Injury Litigation Group can assist you and you have decided to retain them to pursue your case and a written fee agreement is entered into, you are under no obligation. It is always the client's choice who to retain and keep as their attorney and there is no charge or obligation to talk with us. We are pleased to talk with you and to answer any questions. You are under no obligation whatsoever. It is the client who controls when and whom they hire to represent them.