Brain Injury

What is traumatic brain injury?

A traumatic brain injury is the result of a sudden blow to the head or a violent shaking of the head or body, which causes the brain to violently impact the skull.

Any traumatic brain injury can cause serious complications such as cognitive, behavioral, communication, or sensory processing problems. In more severe cases, a traumatic brain injury can result in a stupor, vegetative state, coma, or death. An estimated 1.5 million people in the United States suffer from a traumatic brain injury annually.

If you or a loved one has suffered a serious traumatic brain injury due to the negligence or wrongdoing of another party, you may be eligible to file a personal injury lawsuit to recover your losses. It is wise to contact a qualified brain injury attorney who can evaluate your case to determine the best course of action.

Common causes of traumatic brain injury

Causes of traumatic brain injury resulting from negligence may include those caused by motor vehicle accidents, medical malpractice, physical assault, and more. Nearly 50% of all traumatic brain injury cases in the United States are caused by motor vehicle accidents.

Traumatic brain injuries caused by firearms are also prevalent and result in death 90 percent of the time. Slip and fall accidents are the number one cause of traumatic brain injuries in people over 65. Violent shaking and child abuse are the most common causes of traumatic brain injury in infants and young children.

In a number of cases, medical malpractice is the cause of traumatic brain injury. Some malpractice-related causes of traumatic brain injury include:

• Misdiagnosed or failure to diagnose an injury or ailment
• Improper use of anesthesia during surgery
• Trauma due to a surgeon’s attempt to correct another problem

Signs and symptoms of a traumatic brain injury

The signs and symptoms of a traumatic brain injury can range from mild to severe depending on the seriousness of the injury. Headaches, confusion, blurry vision, fatigue, dizziness, and difficulties with memory or concentration are all characteristics of mild traumatic brain injury.

Moderate or severe cases of traumatic brain injury include all the same symptoms in addition to vomiting, nausea, seizures, slurred speech, unconsciousness, loss of coordination, and agitation. A medical professional can evaluate the extent of the brain injury by administering tests including X-rays and computerized tomography (CT).

Paul Yakaitis, Esq. fought hard during a five-week trial to obtain the compensation due a 26-year old man who, in the course of his work at a construction site, fell from a ladder and suffered a closed head brain injury [the skull did not fracture nor was brain surgery necessary].  A jury found that our client’s employer had negligently failed to provide a scaffold to him.  The jury awarded our client $7,360,000.00 – the largest sustained verdict [upheld by a higher court] for a closed head injury ever awarded in the State of New York.

Paul Yakaitis negotiated a $9,460,000.00 settlement for our client who suffered a brain injury causing ataxia and slurred speech as a result of an accident at the construction site where he worked.