Serious Personal Injury Lawyers Blog

There are several diagnostic and treatment modalities for supervising or treating traumatic brain injury:

-Computed tomographic (CT) scan tests use high-speed x-rays. CT images can show swelling, bleeding, or compression of brain tissue.
-Magnetic resonance imaging (MRI) tests use magnetic energy to produce detailed pictures of brain tissue, bones, and other structures.
-Oxygen may be given by mask, nasal tubing, or ventilator (breathing machine). Individuals who are unconscious (comatose) may require a ventilator to breathe for them.
-Medicines to prevent or treat seizures, decrease brain swelling, control agitation, or control blood pressure may be given to patients with brain injury. The more severe the injury, the more medications and treatments are required.
-Hypothermia (lowered body temperature) has been shown in some medical studies to help improve recovery after a severe traumatic brain injury. This must be done as part of intensive care for a severe brain injury and must be carefully monitored. Further research is required to determine the effectiveness of this treatment.
-After the acute phase (first part) of care for the injury, persons with traumatic brain injury often receive intensive rehabilitation to maximize their functional level and improve their overall recovery including neuro-cognitive rehabilitation

Resources:
National Institute of Neurological Disorders and Stroke
Brain Injury Association of America

Symptoms
-Headache
-Fatigue
-Memory loss
-Confusion
-Loss of consciousness
-Dizziness
-Tinnitus (ringing in the ears)
-Nausea or vomiting

Preventing Brain Injury
-Wear a seatbelt when riding in a motor vehicle.
-Wear a helmet for motorcycle riding, bicycle riding, or other activities that risk head injury.
-Use alcohol only in moderation and never while driving or boating.
-Assist the elderly in maintaining a safe environment and preventing falls.

More than 1 million head injuries occur every year in the United States. 52,000 individuals die, and 800,000 persons have permanent disability from these injuries. These injuries cost more than $40 billion each year. Because head injuries (also known as traumatic brain injuries) are common, and may have devastating effects, preventing them is critical.

Traumatic brain injury is the result of a blow to the head. This can come from a fall (28%), a vehicle crash (20%), an assault (11%), or shaking a baby. The brain tissue itself may be hurt, the blood vessels can rupture and cause bleeding, or a combination of these injuries may occur. Concussion (a temporary loss of brain function), contusion (bruising of the brain), fracture (broken skull bones), and hematoma (blood clot) are all types of traumatic brain injury.

The CDC estimates that at least 5.3 million Americans, approximately 2% of the U.S. population, currently have a long-term or lifelong need for help to perform activities of daily living as a result of TBI.

TBI can cause a wide range of functional changes affecting thinking, sensation, language, and/or emotions. It can also cause epilepsy and increase the risk for conditions such as Alzheimer’s disease, Parkinson’s disease, and other brain disorders that become more prevalent with age.

A party to a lawsuit is permitted to ask another party to admit certain facts relevant to the case. The purpose of a request to admit is to streamline the case and avoid having to prove obvious facts. A secondary reason and benefit of a Request to Admit is to prove to your opponent that you have enough facts that can be readily presented to the jury to prove your case and that we will likely get a verdict in your favor. A Request to Admit a series of facts can be a very valuable tool in demonstrating to the opponent that they are going to probably lose and therefore should make a settlement offer approximating the expected jury verdict. That would save the time and expense of a jury trial.

On May 2, 2008, Partner Allan M. Siegel was invited to speak at the Supreme Court to address the winners of the National Capital Lawyers Auxiliary’s Annual Law Day Contest. The essay contest was open to all sixth grade students in the District of Columbia public schools. The theme of the essay contest was “You Make a Difference.” It was meant to encourage students to consider their roles, as it relates to the law, in maintaining the freedoms we share while also fortifying the reality that these rights require responsibilities for all residents and citizens. Allan had the honor of joining Supreme Court Justice David Souter on this panel. Allan discussed the importance of the concluding words of the Pledge of Allegiance – “with liberty and justice for all.” He emphasized that one way each and every 6th grade student could make a difference is by ensuring that justice was guaranteed to all, by making sure the courthouse doors stayed open to all Americans – rich or poor. However, the highlight of the day was when the 6th grade finalists read portions of their essays to the audience. It is clear that these wonderful students have and will make a difference in our world.

Whenever a party claims that they were physically or mentally injured as a result of the wrongdoing of another, that party is subject to a request by the other side to submit to a physical or mental examination. Requests for physical examinations when there are ongoing complaints are common. The party requesting the examination obtains the report which must be provided to the lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. Requests for mental examinations as a result of a claim for a brain injury are another story however. The law firm of Chaikin, Sherman, Cammarata & Siegel has a reputation for aggressively protecting of their clients rights and interests. We also have a large number of clients who have sustained brain injuries. Defendant’s requests to examine an individual’s brain by neurological or neuropsychological testing is put under careful scrutiny. Rarely, if ever, is a request by a defendant for neuropsychological testing accepted by lawyers at Chaikin, Sherman, Cammarata & Siegel without a Court review of the precise components of the examination and a limitation on that examination to the greatest extent possible. The opportunity for abuse when an individual is being subjected to an examination is great. Accordingly, the vigilance on behalf of our clients is high. Although the requests for mental and physical examinations are an available discovery device, they are frequently the subject of objections and requests for judicial scrutiny.

by Ira Sherman, Esq.