Brain injury can be defined as an injury causing temporary or permanent damage to the brain. In every case of brain injury it is not necessary that the usual symptoms like loss of consciousness, giddiness, etc., need be present. Hence, at times brain injury goes unnoticed by the victim in the initial stage. Brain injury can cause physical, cognitive and emotional consequences that can affect a person for a lifetime. An early detection of brain injury is highly essential to ensure timely medical attention as well as to make a valid legal claim.
Symptoms
Brain injury symptoms can be varied and can be categorized under:
• Physical symptoms- Giddiness, Headaches, Lack of Sleep, Tiredness, Nausea, etc.; • Behavioral symptoms- Depression, Anxiety, Lack of Patience, etc.; • Cognitive symptoms- Memory loss, Lack of attention, Concentration problems, Orientation problems, etc.
Cause
In New York, for a claimant to state a valid claim, determining the reason for injury is pertinent. Once the cause for the injury is determined, it can be understood whether an action for brain injury is required and against whom. Brain injury can occur due to various reasons; some times it can be due to a motor accident, sports injury, or slip and fall. Other times it can be as a result of a fight involving dangerous weapons. A child may be afflicted with cerebral palsy (type of brain injury) due to a birth or prenatal injury. Brain injury can even be caused by over exposure to some chemical substances such as: lead, carbon monoxide, manganese, mercury, pesticides, and solvents. Continuous exposure to these chemicals may lead to permanent brain injury.
Types
Just as determining the cause of injury, the determination of the type of injury is also pertinent, since this helps the court in deciding the necessary compensation. The types of brain injury that can badly affect an individual depend on how he, or she, attains the injury. Some types of brain injuries are: Traumatic Brain Injury, Closed Head Injury, Penetrating Head Injury, Aphasia, Swelling, etc.
Who is liable?
When a traumatic brain injury occurs due to an accident, and is not caused by health conditions, legal action will lay against the person who is responsible for the injury. For instance, if the injury is caused due to medical malpractice, then an action will lie against the doctor and the hospital. In the case of slip and fall in another’s premises then the premises owner will be liable. If the brain injury was caused while in the course of employment then the employer can be made liable. Therefore, a person against whom an action for brain injury will be taken depends upon the circumstance causing the injury.
Damages
An injured person shall be entitled to compensation. The amount of damages will be determined by the court based upon the type and the cause of injury. Also damages shall include medical expenses incurred, loss of income due to delay in returning to work, compensation for pain and suffering as a result of the injury, and general damages.
Apart from the above stated symptoms, other areas that can also be adversely affected include: perceptual abilities, processing information, initiating actions, inhibiting actions, decision-making, reading verbal/nonverbal cues, and self awareness. Other symptoms that may also result are agitation, emotional outbursts, social inappropriateness, and cognitive fatigue.
