In the United States, more than 1 million people suffer traumatic brain injuries (TBIs) every year. These injuries lead to reduced mobility, impaired cognitive functions, memory loss, personality changes and many other side effects that forever affect the injured person.
Unfortunately, the prevalence of these injuries has done little to make it easier for injured parties to receive adequate care or receive compensation in personal injury actions.
Recognizing this, Winer, Burritt & Scott, LLP, has developed an in-depth understanding of the science behind brain injuries, so that we can help our injured clients obtain the care and compensation they need to facilitate their recovery. Under the guidance of our partner attorneys and their more than 60 combined years of experience in the field of complex litigation, we work with brain injury experts and remain on the cutting edge of developments in injury law. Our dedication to injury law and our commitment to legal excellence have allowed us to recover more than $200 million for clients throughout California.
Man Receives A Traumatic Brain Injury In A Truck Accident
A 28-year-old man was a passenger in a pickup that was rear-ended at high speeds on a freeway by a large truck, and he suffered a traumatic brain injury (TBI) as a result. The insurance company for the trucking company made a low settlement offer, and then threatened to withdraw the offer based on claims that the injured man was faking his symptoms. The carrier retained a neurologist and neuropsychologist, but both claimed they found no evidence of TBI.
Winer, Burritt & Scott, LLP, refuted these allegations by retaining a team of experts that established that the force at the time of the collision and other factors such as the man’s unconsciousness, amnesia and the results of neuropsychological exams did indicate the presence of traumatic brain injury. The firm also brought a bad faith insurance claim when the insurance carrier refused to pay the policy limit.
Result: $1 million on behalf of the injured passenger.
What Causes TBI?
According to the Centers for Disease Control and Prevention, the most common causes of TBI are falls, motor vehicle accidents, being struck by an object and assaults. Of these causes, vehicle accidents led to the largest percentage of deaths related to TBI (more than 30 percent of all deaths). Our Oakland traumatic brain injury lawyers have the skills and knowledge necessary to achieve success in cases involving these and all other causes of TBIs.
What Does ‘Traumatic Brain Injury’ Mean?
Throughout the years, traumatic brain injury has been used interchangeably with a variety of terms. These include:
- Brain injury
- Head injury
- Closed head injury
- Post-concussive syndrome
These and the other terms which have served as substitute terms for traumatic brain injury have led to a confusion in the field due to the linguistic variance used to describe the same condition. Unfortunately, this variance means that one expert’s diagnosis when using one of the above terms may be different from another’s.
One of the most common examples involves use of the terms closed head injury and head injury. Although some experts use these terms to explain trauma to the brain, others use them in situations where there is no brain damage. When there is actual damage to the brain, the distinction can be significant both in the medical treatment you receive and for your personal injury case.
The presence of conflicting terminology means that it is imperative to have the assistance of our attorneys, as we use our in-depth understanding of brain anatomy and TBI to sort through the confusion.
Contact Our Berkeley TBI Lawyers
Contact us at 800-652-6137 for a free consultation with a member of our accomplished traumatic brain injury team.