FAQ
"If the injury is a traumatic brain injury, all of the resources for promptly retaining a qualified lawyer are twice as important. Patients cannot recover alone, and must rely upon family to look after things while they concentrate on healing "Brian Webster, Q.C.
- What is traumatic brain injury?
- How are people affected by a traumatic brain injury?
- Can the severity of a brain injury be measured?
- What care will TBI survivors receive in the emergency room and intensive care?
- What will happen when the patient is moved out of emergency or intensive care?
- How long with the medical stabilization period last?
- How are the families and friends of the TBI survivor affected?
- Should I consult an attorney?
- Why do insurance adjusters direct their claimants to not talk to a lawyer until they have made a settlement offer?
- What is a class action lawsuit?
- Why bring a class action and not a regular lawsuit?
What is a traumatic brain injury?
Traumatic brain injury can be caused by either an external physical force such as an automobile accident, or by internal damage from lack of oxygen (see Types of brain injury). A traumatic brain injury usually involves a loss of consciousness, which may last anywhere from just a few moments to weeks, or even months. A brain injury that does not result in loss of consciousness or require hospitalization can also lead to temporary or permanent damage to the brain.
How are people affected by a traumatic brain injury?
Brain injuries affect people in different ways. The extent or severity of the injury, the area of the brain that has been injured, the nature of the injury, and the patient's ability to recover are all unique to each case. Because the brain affects our physical, mental and emotional abilities, TBI survivors are often left with multiple disabilities that fall into four main areas:
- Medical: seizures, headaches, dizziness, weakness of one or both sides, fatigue.
- Sensory-Motor: impaired coordination, balance, speech, hearing, sensation and visual problems.
- Intellectual-Cognitive: impaired reasoning, impaired memory, slowness of thought processes, difficulty reading and writing.
- Social-Personality: agitation, emotional instability, behaviour problems.
What are the long-term effects of a traumatic brain injury?
While recovery from a traumatic brain injury will depend on the location and extent of the damage to the brain, most severe brain injuries will result in some type of permanent difficulty. The long-term consequences are unique for each TBI survivor, and it is imperative to obtain the best medical, rehabilitation and legal assistance available in order to recover to the maximum extent possible. ( See Life Care Planning)
Can the severity of a brain injury measured?
The Glasgow Coma Scale (GCS) rates the survivor's ability to open his or her eyes and respond to verbal commands. Each level indicates a level of brain injury. The lowest possible cumulative score for the four sections is 3(no response); the alert and oriented survivor is rated at 15.
A GCS of:
- 3 to 8 indicates a severe brain injury,
- 9 to 12 a moderate brain injury, and
- 13 to 15 a mild brain injury.
(See Glasgow Coma Scale)
Post-traumatic amnesia (PTA) can also be used as an indicator of the severity of a brain injury.
- PTA less than 5 minutes: Very mild
- 5 to 60 minutes: Mild
- 1 to 24 hours: Moderate
- 1 to 7 days: Severe
- 1 to 4 weeks: Very severe
- More than 4 weeks: Extremely severe
What care will TBI survivors receive in the emergency room and intensive care?
The emergency room is where the injury is first diagnosed and decisions are made regarding the appropriate medical action to take. In some cases, patients are taken immediately to the Intensive Care Unit (ICU) for 24-hour monitoring and care. Other injuries sustained at the time of a brain injury may require ICU services not necessarily related to the head trauma.
What will happen when the patient is moved out of emergency or intensive care?
Some TBI patients may require additional time in the hospital for medical attention that does not require intensive care (such as recovery from surgery). This is referred to as medical stabilization. After patients are transferred from the emergency room or ICU to another floor for observation, they will receive medical treatment rehabilitation services such as physical therapy, speech therapy and occupational therapy.
How long with the medical stabilization period last?
Depending on the extent of the injuries, the medical stabilization period can last for several days, or several months.
What should the family do to help the TBI patient after they regain consciousness?
It is important to keep the patient's current limitations in mind, to encourage recovery without pushing them beyond their abilities.
- Establish a daily routine.
- Use familiar objects such as photographs of family members.
- Speak to them about familiar names, places, and activities.
- Do not overload the patient with information.
- If the patient is more impaired on one side, be sure to approach and interact with them on their good side.
- Be patient; provide the patient with sufficient time to respond given their injury.
- Try to avoid tasks that are too complex.
- Keep the surroundings simple, to limit confusion.
- Discuss the patient's progress with them.
- Communicate with the patient's medical and rehabilitation team.
How are the families and friends of the TBI survivor affected?
The family and friends of someone who has suffered a traumatic brain injury will experience a range of very intense emotions, such as shock, anger, fear, denial or depression. Your family life will undoubtedly be changed as well. An adult child with a traumatic brain injury may require full time care, or a parent with TBI may need to rely on the help of their grown children. It is important that the family and friends who become caregivers seek support and assistance wherever they can. (See Resources and Links)
Should I consult an attorney?
Because it is not always clear that legal action will be required, it is always in your best interests to consult a lawyer immediately following a traumatic brain injury. If it is determined that a claim will be necessary, it is essential that evidence be collected at the earliest opportunity. An attorney specializing in TBI will investigate the facts and advise you about your rights to compensation. In addition to injuries sustained in motor vehicle accidents, brain injuries related to violence, falls, work, sports, or negligent medical treatment can also result in claims for compensation. In addition, you may have a right to other benefits including social security disability benefits, Medicare, private health insurance or private disability insurance payments. (See: Legal Issues Following Brain Injury; and Retaining a Lawyer: Six reasons to promptly retain a lawyer after a family member suffers a severe brain injury)
Why do insurance adjusters direct their claimants to not talk to a lawyer until they have made a settlement offer?
The most important time to investigate a TBI case and collect evidence to support your claim is immediately following the accident. Without evidence, your claim will be less supportable, and the damages you receive from insurance company will be much lower. It is in the insurance company's best interests to keep you from seeking legal advice for as long as possible. It is in the best interests of the TBI survivor and their family to seek the advice of an experienced attorney who will build a strong case during the recovery period.
What is a class action lawsuit?
A class action is a lawsuit conducted for a group of people with injuries caused by a common fault or negligence. If the class action is successful, the injured individuals fairly divide the recovery without having to start a personal lawsuit.
Why bring a class action and not a regular lawsuit?
Class actions can be more efficient than individual lawsuits. Class action lawsuits allow a group of individuals to bring claims that would be impractical to pursue individually. The Court can decide who is responsible for the injuries and make an award to the entire group of people that suffered the injuries. The individual's recovery comes from the entire award in accordance with the losses the individual has suffered.
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