Traumatic Brain Injury
What Is a TBI (Traumatic Brain Injury)
According to the CDC, a traumatic brain injury is a Brain dysfunction caused by an outside force, usually a violent blow to the head. Traumatic brain injury often occurs as a result of a severe sports injury or car accident. Immediate or delayed symptoms may include confusion, blurry vision, and concentration difficulty. Infants may cry persistently or be irritable. Treatment may involve rest, medication, and surgery.
TBI Case Background
Medical science does not yet have the tools to show all brain injuries. Many of these life-long injuries exist at the cellular level which cannot be picked up by CT scans and MRI studies and these types of traumatic brain injuries are often called “invisible injuries.”
Our goal is to make visible to a jury the invisible, to show that these injuries are real, and that they can be devastating and life-altering, even if an MRI looks normal. We evaluate the mechanism of injury-has the skull made impact with some object causing bruising to the brain at the impact point and opposite the impact point? Or is the mechanism caused by a rotational, twisting force that disturbs the cellular connections between the white and gray matter? We determine what type of testing will best reveal the injury. We speak to many people in your life to understand the differences in your activity level and personality before and after the injury.
We hire experts to explain your injury, how it was caused and the injury’s effect on your life.
The trial team of Baratta, Russell and Baratta has won justice for brain injury survivors for more than 20 years. If you or someone you love has suffered a brain injury, please consider our team to fight for you.
1. Closed head injury in which the brain is injured by the soft brain being rocked back and forth inside the hard bony skull. The injury can be caused by the brain making direct contact with the inside of the skull or by rotational forces.
2. A penetrating injury in which the skull is fractured and the brain injury to the brain is direct as in a gunshot wound.
3. A blast injury, most commonly seen in soldiers, in which the cells of the brain are disrupted by the shock waves of the blast.
Such labelling implies that the injury is not serious when many times the injury labelled as mild can have life lasting effects. The GCS is merely a method to allow appropriate triage at an emergency department.
At the emergency department a CT is often taken to rule out a brain bleed or brain swelling. Brain bleeds or swelling may be a surgical emergency requiring removing a portion of the skull called a craniectomy to allow the brain to swell without the crushing force of the skull pushing the brain into the brain stem which would cause death.
Once the surgical emergency is ruled out, the injury is diagnosed based upon symptoms. Many closed head injuries cannot be seen on an MRI film. The damage to a brain occurs at the cellular level which is too small to be seen by most modern diagnostic studies.
Most medical insurance carriers will not pay for more sensitive brain scans such as Diffusor Tensor Imaging (“DTI”) or functional MRI (“fMRI”) as such tests are deemed unnecessary for treatment purposes. But, such tests can be paid for by your lawyer as part of the work-up of your case.
You have every right to seek money damages for personal injuries caused you by another’s negligent conduct. We only take cases in which our investigation shows the defendant acted negligently or to cause your harm. Your decision to seek justice, to hold the careless person accountable, makes the world safer for everyone else. It also places the responsibility for payment of damages on the bad actor, not society, not other people and not your family.
Anthony J. Baratta (“Tony”) has been recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer for 15 years since 2006. He has received the highest possible rating amongst his peers by Martindale-Hubbel (AV Preeminate), is Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy, is a Member of the Million Dollar Advocate Forum, and a winner of the AVVO Choice Award for client recognition.
Andrew E. DiPiero Jr. has been recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer for 16 years since 2005. He has received the highest possible rating amongst his peers by Martindale-Hubbel (AV Preeminate), and he is Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy.