EXPERIENCE MATTERS...
LET US PROVE IT TO YOU.

view our case results read client reviews

Personal Injury Blog

Does Concussion Recovery Time Affect Brain Injury Lawsuit Settlements?

Tuesday, October 20, 2020

For many, concussions seem like a relatively minor injury and something to be expected after an accident. However, while concussions can have very minor symptoms, they can manifest very major damage to your brain. Some who suffer a concussion as the result of an accident have brain damage that they never fully recover from, and they should be getting compensation as such.

What is a Concussion?

A concussion is a traumatic brain injury (TBI) that is the result of blunt force to the head or severe shaking of the head, either of which causes the brain to essentially bash into the side of your skull and damage the soft tissue. Symptoms can be mild or severe, but can often be confused with other ailments, which can make those who suffer from a concussion slow to get help. Concussion can often be confused with simple anxiety from just being in an accident, but it is important to seek help if you have even on symptom. The symptoms of concussions include:

  • Headache

  • Loss of balance

  • Tinnitus, or ringing of the ears

  • Memory loss

  • Unconsciousness

  • Nausea

  • Slurred speech

  • Seizures

Those are just the immediate symptoms of a concussion. Longer term symptoms can manifest including issues like blurred vision, psychological disorders, light and noise sensitivity, and altered taste or smell.

For some, concussion symptoms last for a few days. Others will suffer for months or years from a severe concussion. However, what many don't realize is the time it takes to recover from a concussion that was the result of an accident can affect the lawsuit settlement they can receive.

How Concussion Recovery Time Affects Your Settlement

When it comes to accident settlements for concussions, you will be entitled to the standard damages for injuries. You can pursue damages for pain and suffering from the accident as well as the physical and mental impairment caused by the concussion.

If you suffered from concussion symptoms for more than a few days, you may also be entitled for your settlement to include compensation for a reduced quality of life. Long term symptoms of concussions can be very disruptive to a normal life, and the longer they last, the more you may get.

If you had a serious concussion, you will also want to keep good track of your medical bills. A big problem with brain injuries, aside from the unpredictable and permanent damage they can cause, is they can be very expensive to diagnose. If your concussion has serious symptoms, the MRIs, CTs, and all the other neurological testing you had to endure will be covered by an accident settlement.

In the same vein as tracking your medical expenses, if you have even the most minor symptoms of a concussion after an accident, you will want to seek medical help as soon as possible. The longer you wait to have a concussion diagnosed and treated can have an effect on your settlement amount. Furthermore, it could be argued that your lack of medical attention made the concussion worse than it needed to be, which in turn limits the amount you are entitled to.

Need Help?

Have you suffered a concussion or any other traumatic brain injury as a result of an accident? These injuries, while difficult to diagnose, are treated very seriously. They can cause long-lasting damage and disruption to your life. If you have suffered a concussion and want to discuss your legal options to get coverage for your expensive medical bills, contact us today. The Law Office of Freeman & Freeman is dedicated to helping those injured in unexpected accidents get the compensation that they are entitled to.

Anoxic Brain Injuries From Near Drowning Accidents

Thursday, May 21, 2020




A day swimming at a local pool, lake or beach is a treat for you and your family. Unfortunately, a beautiful day of recreation can turn tragic in a matter of minutes. There are thousands of fatalities each year due to drowning and thousands more nonfatal incidents.

Submersion in water for just minutes results in mild to severe problems. One of the most common results of near drowning is a condition called anoxic brain injury (ABI). Anoxia happens when the brain lacks oxygen. Experts estimate that a few minutes of oxygen deprivation causes a victim a variety of symptoms but dissipates quickly, leaving the person to fully recover in a short amount of time. Unfortunately, four to five minutes without oxygen produces moderate to severe brain damage.

Effects of Mild Anoxia:

  • Disturbances vision, focus, and/or memory
  • Heavy Breathing
  • Sweating
  • Numb or tingling feelings especially in extremities
  • Dizziness
  • Heavy Breathing
  • Euphoric sensations

Effects of Moderate to Severe Anoxia:

  • Speech disturbances
  • Severe headache
  • Confusion
  • cyanosis (bluish coloring)
  • Jerking
  • Seizures
  • unconsciousness
  • Coma

Long Term Effects of Severe ABI:

There are many long term effects when the cerebral cortex and cerebellum are starved for oxygen for four or more minutes. Weakness in the arms and legs, difficulties in movement and balance make it difficult for the victim to walk.

Disturbance of the basal ganglia might lead to persistent tremors and/or writing. Other times, chorea may result causing jerky movements.

Some patients suffer cortical blindness when the anoxia impacts the occipital lobe. In rare cases, a condition known as Anton's syndrome develops in which the person does not realize he has lost vision despite bumping into objects and not recognizing objects.

Those with frontal lobe impairment exhibit personality changes including mood swings when the patient become angry, irritable, frustrated and/or depressed.

 

Possible Tests and Treatments:

Physicians will likely order a number of tests to determine the immediate condition of a near drowning victim. Among these are blood counts, x rays, magnetic resonance imagery scan (MRI) and, computerized axial tomography (CT). These tests will help doctors assess the severity of the damage to the brain and body. . Typically, a medical team assembles to provide physical, occupational and speech therapy. The severity of impairment indicates how long to conduct rehabilitation efforts for the best outcome. Psychological counseling often helps a patient deal with the emotions due to his life altering accident.

Liability and Legal Action:

While many near drownings are accidents in which nobody is at fault, there are times when such occurrences could and should have been prevented. If, for example, the body of water was under the supervision of an ill-trained or inattentive lifeguard, a victim could in legal action against that person, the property company or the organization that certified the lifeguard.

Others who might be liable in certain situations are owners of unprotected pools. For example, in Florida, persons who own pools must provide a barrier to that body of water for when it is not supervised. This barrier could be a fence with a lock and/or alarm or a pool cover that meets the specifications of the American Society for Testing and Materials. Owners of properties containing unprotected wells or other water hazards might also suffer legal consequences should a drowning or near drowning occur there.

If you or a family member suffered from an ABI from drowning you need assistance. A competent and experienced lawyer can help you during this challenging time. You need compensation for associated costs like medical and therapy bills and possible loss of wages.  The pain and suffering ABI victims endure also deserves monetary assistance.

We Want to Help You:

Those impacted by the trauma and damage of anoxic brain injury due to a near drowning deserve compassion and guidance. The attorneys  at Freeman and Freeman urge you to contact us  for assistance with your particular situation.


CATEGORIES

Submit

Office Locations

21900 Burbank Boulevard
Third Floor
Woodland Hills, CA 91367-7418

P: 818-992-2919
F: 818-992-2940


From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.