How to File a Lawsuit for Montana Traumatic Brain Injury or Head Trauma

Murphy Law Firm

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Specialty: Workers' compensation and personal injury

A personal injury lawsuit can be your lifeline to covering costs for a lifetime of care

Ouch!

We've all gotten a good head-bump here and there. Maybe you've even seen stars, like in the cartoons. Or perhaps you got a bump that swelled up like a giant egg. It happens.

But even though those cartoon characters can be beaten flat with a frying pan to the head, or dumped on their skulls from a 15-story building and pop right back up, unfortunately it doesn't work like that in real life.

What is TBI?

A traumatic brain injury (TBI) is a bump, blow, or jolt to the head that disrupts the normal function of the brain. Of course, some head bumps are mild and leave you with a bruise that heals in a few days. Even if a bump is a TBI, it could be mild and resolve in a short time—most people know that injury as a concussion.

Here are the most recent statistics on TBI from 2014, according to the Centers for Disease Control and Prevention (CDC):

Common causes of TBI

Here's a look at what causes TBI:

Traumatic brain injuries and head trauma can be caused by:

• Slip and falls
• Assault (child abuse, domestic violence, shaken baby syndrome)
• Car crashes
• Workplace injuries
• Sports injuries
• Military action (blast injury)
• Gunshot wounds

Your brain can also be injured in ways that are not related to a traumatic event or hit to the head. These causes include:

Age and risk factors for TBI

Are you at risk for TBI? People age 75 years old or older are at the highest risk, and the leading cause is falls. For individuals between 45-64 years old, the leading cause of death from a TBI was intentional self-harm. In children under 5 years old, homicide is the leading cause of TBI-associated death.

Understanding different types of traumatic brain injuries

We've now seen a laundry list of what causes TBI and who's at the highest risk. We talked about bumps and jolts.

But what, exactly, is a TBI, and what does that mean? Here's some examples about the effects of TBI on the brain:

• Diffuse axonal injury. Shaking or strong rotation of the head, most likely in a car accident, can critically injure the brain's functions.
• Concussion. A concussion can happen any number of ways, including violent shaking or whiplash. It's the most common kind of brain injury, though it's classified as a mild brain injury (mTBI).
• Contusion. Bleeding in the brain caused by force or trauma to the head can impair basic bodily functions.
• Coup-contrecoup injury. This is an injury that happens when there's impact on one side of the brain, but also the opposite side, which is the result of impact forceful enough to move the brain and slam it into the opposite side of the skull.
• Second-impact syndrome. If someone has suffered a TBI and then experiences a second event before the first has healed, the second impact is more likely to cause brain swelling and widespread damage.
• Penetrating injury. Penetration from a bullet, knife, or any object can force hair, skin, and fragments into the brain can result in catastrophic and long-term harm.
• Abusive head trauma. Characterized as “Shaken Baby Syndrome”, this type of TBI happens when an abuser shakes a baby or small child in a violent and aggressive way, which causes whiplash.
• Locked-in syndrome. This is a very rare condition. An affected person cannot move any part of the body other than their eyes.
• Open head injury. This is another form of a penetrating injury, in which the outer layer of the brain is broken and exposed. This type of TBI happens because of impact from a projectile driven into the brain.
• Closed head injury. In this injury, the brain is damaged without the skull being penetrated. It means that the brain could swell and be unable to expand through the skull, which often results in pressure inside the skull.

Symptoms of TBI and serious head injuries

The Montana Brain Injury Alliance offers a list of symptoms and changes that might happen with a brain injury:

Caring for someone with a TBI

Your loved one's medical providers will give you a list of specifics based on the nature and severity of the injury. Most importantly, they'll need lots of rest and to be protected from a second impact to the head.

But what if you're in a position to advocate for their legal and financial needs, too?

Unfortunately, the hospital won't send you home with a list of instructions for that.

If your loved one was in an accident that resulted in a TBI, you might want to begin exploring legal options.

Here's one example of a Montana lawsuit involving a TBI:

Montana is a modified comparative fault state, and this can affect your head or brain injury case.

For example, in Robert Back's lawsuit described above, if Robert and his father (also a plaintiff) were found to be liable in any way for his injury, their damage award would be reduced. So, if they were found to be 30 percent liable, they'd only be eligible to receive 70% of the total damages. Since Montana is a modified comparative fault state, if they were 51% liable or more, they wouldn't receive any damages in the lawsuit.

Head and brain injuries at work

If the TBI happened at work, Montana workers' compensation insurance should cover the expenses associated with a catastrophic injury.

A workers' compensation settlement can cover expenses associated with:

• Medical treatment (both immediate emergency treatments and ongoing doctor and hospital visits)
• Surgery
• Prescription medication
• Lost wages (both past and future)
• Assistive devices (like a wheelchair or modifications to the home)
• Caregiver costs
• Ongoing therapies
• Diagnostic testing

Negligence and TBI

If the injury is not job-related, you might need to sue the negligent party. Your damages can be assessed for each of the above costs, and in a civil lawsuit you can also recover damages for pain and suffering.

Your lawyer will help you navigate the legal system. They'll advise you on the best course of action in your situation. You can start by asking your lawyer the following questions:

• What would be a fair settlement in my case?
• What are my case's strengths? Weaknesses?
• How likely is it that my case can settle out of court?
• How long do you think the litigation process will take for this kind of case?
• Are there cases like mine in the news or elsewhere that I can look at to learn about my chances of winning?
• Are there recent cases that might affect the outcome of my case?

For additional help, here's a list of TBI and head injury resources in Montana and nationwide:

• Montana Brain Injury Center
• Brain Injury Alliance of Montana
• Montana Department of Public Health and Human Services
• Marcus Daly Memorial Hospital
• Billings Clinic
• United States Brain Injury Association
• Brain Injury Association of America
• Brain Trauma Foundation
• National Rehabilitation Information Center