Answers to Your Questions About TBI Cases

TBI Cases (Traumatic Brain Injury)

A traumatic brain injury or “TBI” can have a devastating impact on the victim, as well as the victim’s family and loved ones.  These injuries manifest themselves through a variety of symptoms, ranging from mild to severe, and invariably result in long-term impacts on the victim’s health and well-being. In this article, we’ll answer some basic questions about TBI. IF you would like more detailed information, our experienced traumatic brain injury lawyers will be happy to talk with you.

What is a Traumatic Brain Injury (TBI)?

As the name suggests, a traumatic brain injury is an injury to the brain resulting from trauma (either internally or externally) to the victim’s head.  Most TBI are closed-head injuries and do not involve direct penetration of the head, skull, or brain.  However, the trauma associated with a closed-head injury can jostle the brain, causing it to make direct contact with the front and/or back of the skull.  From a medical standpoint, this movement can damage the brain’s neurons and axons (which are the equivalent of the brain’s “internal wiring”), and can prevent them from functioning properly, thereby producing short- and long-term symptoms.

What are Some of the Causes of TBI?

Common causes of traumatic brain injuries are:

  • Car accidents;
  • Motorcycle accidents (particularly where the injured person is not wearing a helmet);
  • Boating accidents;
  • Pedestrian accidents;
  • Sledding and skiing accidents;
  • Slip-and-fall accidents; and
  • Sports-related accidents and injuries (usually contact sports, such as football or basketball).

In the case of motor vehicle accidents, for example, traumatic brain injuries are usually sustained when the injured person’s vehicle accelerates or decelerates very quickly, causing the person’s head to come into direct contact with the steering wheel, headrest, dashboard or some other part of the interior of the vehicle. It is important to note, too, that a person may suffer a brain injury even if he doesn’t strike his head.  Any sudden and severe movement of the head and neck (e.g., the whiplash effect that occurs when a car is rear-ended), can cause the brain to strike the interior of the skull, resulting in TBI.

What are Common Symptoms of TBI?

Symptoms associated with traumatic brain injuries may manifest themselves immediately or may not manifest for several days, weeks, or even months after the person sustains the injury.  Consequently, these injuries can be difficult to detect, diagnose, and treat.  Symptoms of a traumatic brain injury can range from mild to severe.

Common symptoms associated with mild TBI include:

  • Feelings of confusion or disorientation;
  • Lightheadedness;
  • Blurred vision;
  • Difficulty sleeping;
  • Headaches;
  • Aversion to light and sound; and
  • Difficulty concentrating.

Insurance companies and their attorneys often try to characterize traumatic brain injuries as “mild,” and try to make it sound as though a “mild” traumatic brain injury cannot lead to any long-term or permanent symptoms.  Nothing could be further from the truth.  Even so-called “mild” traumatic brain injuries can permanently damage the brain’s internal hardware, producing real, significant, and often long-term symptoms.  More importantly, the injured person may not even know how badly he or she is hurt until well after the accident occurred, due to a late onset of these symptoms.  If you believe that you have sustained a traumatic brain injury, it is essential that you seek medical treatment as soon as possible.

Symptoms commonly associated with more severe TBI include:

  • Loss of consciousness;
  • Long-term memory loss;
  • Loss of smell or taste senses;
  • Seizures;
  • Slurred speech; and
  • Radical mood swings.

Severe TBI is likely to have long-term repercussions on both the accident victim and on the victim’s family and loved ones.  Depending upon the severity of the victim’s injuries, a guardian may need to be appointed to act on behalf of the injured person and make legal decisions for him or her.  Because these severe traumatic brain injuries are often  the result of serious motor vehicle or other types of accidents, insurance companies have more of an incentive to settle, given the extent of the injuries, their permanency, and the potential sympathy factor, should the case ever come to be tried before a jury.

How can a Traumatic Brain Injury Lawyer Help Me?

The key to obtaining a substantial settlement or verdict in a traumatic brain injury case is to retain a compassionate lawyer who handles these types of cases on a regular basis and who is familiar with the anatomy and physiology of the human brain.  An experienced traumatic brain injury lawyer will also have a working relationship with healthcare providers and other experts who may serve as potential witnesses, should the case ever need to be tried.  These experts can be especially helpful in proving permanency or lost earning capacity, since these types of damages are subjective.  Finally, an experienced traumatic brain injury lawyer will know how to best present your case to the trier-of-fact (usually the jury) in a meaningful way.

If you would like talk with an experienced traumatic brain injury lawyer about your particular situation, please contact us. You can reach us by phone or by submitting the contact form on this page.  We will respond promptly.

 

Avoiding Personal Injury Due To Fantastic 4 Failure

MoviegoersAlright, so last week we discussed how baseball games are winding up for a fastball pitch by using computerized video systems in their games. We could make a pun about striking out at this moment, but that’s low hanging fruit. J. Price McNamara and the rest of his personal injury attorney staff here in Baton Rouge, LA can do better than that.

So let’s veer away from boring topics like new fangled video systems in baseball games and focus on an issue that really needs to be discussed: The unyielding colossal junkyard fire that is 2015’s Fantastic 4 and how going to see this movie may raise your chances of needing a personal injury attorney.

Let us explain.

A Memorable Movie Experience

Now, there is a reason we are posting an article about this film, and its contents come from personal experience. Just last Friday we ventured out into the wide world of moviegoers and partook in what can only be described as a memorable movie experience.

When we say memorable, we ask that you comb through your memory bank to see if you can recall ever seeing a large pile of tires being burned in a junk yard or on a barge. The smoke, the smell, all of it is terrible yet you can’t look away as you’ve never seen anything quite like it.

Fantastic 4 is 2015’s giant mound of burning tires.

How to Avoid Personal Injury If You Are Determined to See The Film

By the end of Fantastic 4 you may be so dumbfounded by the level of failure that’s achieved in each of the two minute long fight scenes this “action packed” movie boasts, we fear your wits may momentarily take leave.

That being said, we have a few suggestions which may help you escape this movie unscathed and needing nothing more than a shower and a good nights sleep. Paying to see Fantastic 4 may not be your proudest moment, but gosh darn it, we’re gonna make sure you come out the other side with your head hung low and a story to tell.

Wear a Helmet. High Chances of Hurled Objects From The Audience

Let’s take a moment to look at some of our favorite cringe-worthy quotes from this film.

Sue Storm: “You want to be famous?”

Reed Richards: “I just want my work to make a difference.”

At this point in time, which is about twenty minutes into the film, you may want to make sure the straps on your helmet are fastened firmly in their places because folks, there’s going to be some turbulence ahead.

Dr. Franklin Storm: “With every new discovery, there is risk, but we are stronger together than we are apart.”

Try clench your jaw too hard, we’re not sure on the legalities of personal injuries to the mouth caused by film dialog. However, rest assured we feel your pain.

Ben Grimm: “Don’t let any of these lab coats give you any crap, alright?”

Reed Richards: “Well, if they do I know who to call. The muscle.”

God help us. Watch for flying cups.

Victor Von Doom: “You’ve opened a door you don’t know how to close. You don’t know anything about what’s coming.”

Reed Richards: “What is coming?”

Victor Von Doom: “Doom!”

At this point and time, it is advised to make your way to the nearest exit and leave, as the movie only gets worse from this point on. There is no redemption, only terrible dialog and ruined careers.

If by any chance you choose to be brave and stay, then end up getting punched in the face when the person next to you strikes out blindly in a fit of frustration then call us here at the Law Offices of J. Price McNamera. We’ll do what we can but just know… we warned you.

Until next time readers, be safe at the theater and Godspeed.

 

 

Facts About Traumatic Brain Injuries From Attorney J. Price McNamara

brain-injuryEvery year, many thousands of Americans suffer from head injuries in accidents, crashes and other unexpected events. But head injuries can offer cause another event called a traumatic brain injury or TBI. Unfortunately, TBI is a major cause of death and disability in the United States. In fact, according to recent studies, approximately 30% of all head injuries result in a brain injury that ultimately causes death or serious disability. TBI victims that survive a TBI often suffer from injuries that last for the rest of their lives.

What Causes TBI?

TBI can be caused by a jolt, bump, blow, or penetrating injury that alters the normal activity of the victim’s brain. However, not all head injuries result in a TBI. Some TBI are mild with a slight change in mental status or loss of consciousness. A severe TBI could be caused by a harder blow and could result in an extended period of unconsciousness or memory loss after a head injury.  Mild injuries can cause a variety of symptoms or a combination of mild and severe reactions.

Effects Of TBI

The effects of TBI vary based upon the nature of the injury, the area of the head, the age of the patient and many other factors.  In addition to serious disabilities and impairments to everyday activities, TBI can cause the following problems in patients:

  • Loss of sensation
  • Personality changes
  • Depression
  • Impaired thinking or memory
  • Impaired movement
  • Loss of sensation
  • Insomnia or changes in sleep patterns

What Types Of Injuries Can Cause TBI?

The type of injury can often dictate how seriously the patient will be impaired.  However, certain types of injuries are definitely more common than others.  The most significant number of TBI injuries are caused by falls, assaults, car and bike accidents. The age of the patient often determines what the most common causes are for head injuries. Small children ad the elderly are more prone to injuries from falls and assaults while adults tend to receive more injuries from car or bike accidents.

TBI Risk Factors

  • Men are more likely to die from TBI injuries.
  • Persons over 65 years are more likely to suffer a TBI injury.
  • Falls caused the highest number of TBI deaths for people over the age of 65.
  • Auto accidents were the top cause of TBI death in children and young adults until age 24.
  • In children ages 0-4, physical assaults were the leading cause of TBI death.
  • For children ages 0-14 and adults 45 years and older, falls were the leading cause of TBI death or disability.

Contact Attorney J. Price McNamara For Head Injury Cases

Here at the law firm of J. Price McNamara we know how important effective legal representation is for your head injury case. If you or someone you know has suffered a head injury, you should contact an experienced and qualified attorney as soon as possible. As a well respected attorne Louisiana, J. Price McNamara is known for his exceptional advocacy for many personal injury clients. Come take advantage of Attorney McNamara advocacy skills and let him help you get the compensation you deserve for your injuries. Call our office today for your free case review and find out how J. Price McNamara can help you with your head injury case.

Louisiana Sports Fans See LeBron James’ Head Injury And Other Eye-Popping Events

adidas_NBA_Lebron_James_Cleveland_Cavaliers_Red_Jersey_601Louisiana sports fans got quite an eyeful last week when watching game four of the NBA finals. During a tense moment in the game, superstar LeBron James fell into a broadcast camera during a play and received several cuts to his head. Fans held their breath as James fell onto the floor holding his head. Ultimately, the injury, did not stop LeBron from finishing the game. After pulling himself up off of the floor, LeBron had his cuts glued so that he could continue playing. To help him along, the crowd was treated to a heart-warming kiss from Lebron’s mother after the incident.

However, this was not all that happened during the NBA finals game. Evidently, another rather unsavory event was also recorded during the game between the Lebron’s team the Cleveland Cavaliers and the Golden State Warriors. The broadcast channel ABC reportedly also showed LeBron privates. Allegedly, fans reported that the cringe-inducing event happened during a filing spot wherein ABC showed LeBron adjusting his shorts.

In the end, the fourth game of the popular NBA series proved to be very competitive and fans got their money’s worth despite LeBron’s unfortunate drama during the game. Many fans in the Louisiana area and across the nation are now placing bets as to whether LeBron’s headband will make a comeback now that his has a head injury.

Facts About Head Injuries

Lebron was able to laugh off his head injury and return to his job. Unfortunately, many head injury victims are not so lucky. According to studies, more than five million people are currently suffering from brain injuries in the United States. Additionally, about 1.7 million new brain injuries are reported every year.

What many people think may be a simple head injury can often actually be a brain injury. Brain injury, is defined as damage to the brain which can affect physical, emotional or behavior of the injured party. Brain injuries can happen at birth, or later, from an illness or a trauma, and are called either traumatic or non-traumatic, depending on the specific cause.

Symptoms Of Brain Injury

Here are some of the symptoms that brain injury suffers often experience after their injury:

  • changes in sensory perception
  • balance problems
  • changes in sleep patterns
  • blurred vision
  • headaches
  • seizures
  • difficulty swallowing or speaking
  • inability to control bowel and bladder
  • changes in sexual function
  • motor impairment

Emotional Changes Patients Can Experience

  • disorientation
  • depression
  • confusion
  • personality changes
  • reduced attention span
  • difficulty forming sentences or choosing vocabulary
  • trouble communicating
  • acting inappropriately
  • memory impairments
  • poor concentration
  • mood swings
  • difficulty remembering conversations/forgetfulness

J. Price McNamara Can Help With Your Louisiana Head Injury Case

If you suspect that you or someone you know has suffered a head or brain injury, you need to contact a qualified legal professional immediately. The law limits the time you have to file a lawsuit, so there is no time to waste! J. Price McNamara is a skilled and experienced attorney in Louisiana who has helped many head injury clients. Attorney McNamara and his talented team can help you get the compensation you deserve for your head injuries, so don’t wait to seek legal help. Call us now for your head injury consultation and find out how J. Price McNamara can help you and your family.

Louisiana Professor Killed On Highway 952

bke accidentIn a recent sad turn of events, a Louisiana State University professor passed away after being struck by a pickup truck on busy Highway 952. News media reported that 63-year-old Elisabeth Oliver, was walking her bike next to the highway midday when a pickup truck, struck her. The unfortunate cyclist had suffered from mechanical issues and had decided to walk her bike the rest of the way home. As she walked next to the road she was hit by a 79-year-old man, in a pick-up truck. The professor was quickly transported to Our Lady of the Lake Hospital. However, she was pronounced dead not long after her arrival.

Bicycle Injuries Can Be Very Serious

According to Pedestrian and Bicyclist Crash Statistics, approximately 4,800 people are killed each year in pedestrian or motor vehicle crashes. This amounts to more than 12 people a day for every day of the year. This means that there is nearly one injury per every 8 minutes of the day. Unfortunately, only a fraction of injury related pedestrian accidents are ever recorded by the police. This means that many victims may go uncompensated for their serious injuries.

The High Cost Of Accidents

When someone is injured in a bicycle accident, the incident can place a huge amount of stress on the victim, their family, and their health. Typically, the time directly after the accident is spent in medical treatment or dealing with injuries, lost work pain, disability, and disruption of life activities. Even worse, when a death happens, family members experience anger, grief and loss of their loved one as they struggle to move forward with their lives.
After a serious or fatal bicycle collision, the injured person, or their family can incur significant damages that often include medical expenses, lost wages, pain and suffering, and loss of the things they used to enjoy in life. When the accident is caused by a negligent party, victims may be able to obtain financial compensation.
The Victims Of Bicycling Crashes

Here are some brief facts about the victims that are usually involved in bicycle accidents:

  • Nearly 25% percent of bicyclist fatalities happened between 6 and 9 p.m.
  • 83% of the victims were men.
  • 68% of bicyclist fatalities occurred in urban areas.
  • In 29% of the crashes, either the driver or the bicyclist had illegal blood alcohol levels of 0.08 or higher.
  • California (141), Florida (133), and Texas (48) are the highest ranking in bicycle fatalities.
  • 20% of bicyclists that died had illegal blood alcohol concentrations of 0.08 or higher.

A Caution About Laws For Bicyclers

Louisiana police agencies would like to use this opportunity to remind motorists that they law requires that they maintain a distance of at least 3 feet when passing a bicycle. This regulation is created to help protect cyclists from the danger of injuries when they pass to close. If you would like to learn how you can help protect the legal rights of bicycle accident victims and their families, contact the law firm of J. Price McNamara now.

How Can An Attorney Help You With Your Case?

Victims and their families should never attempt to wade through events alone after an accident. Having a qualified, experienced and skilled attorney on your side can help give you a financial, emotional and legal piece of mind. You have rights, and if someone has changed your life through no fault of yours, you could be entitled to financial compensation for a variety of injuries.

Contact The Firm Of J. Price McNamara For Help With Your Case

Here at J. Price McNamara we know how important effective and aggressive legal representation is in the outcome of your legal case. If you or someone you know has been injured in an accident, you should contact a qualified attorney immediately. As a well respected attorney in the Louisiana legal field, J. Price McNamara is known for his skill, experience and tenacious advocacy for each of his clients. Stop worrying about your case and let Attorney McNamara help you get the compensation you deserve for your injuries. Call our Baton Rouge, LA law practice today for your free case review and find out how J. Price McNamara can help you.

H.S. Football Head Injury Incident Nets $1 Million

helmetAccording to local newspapers, a jury recently found a local Iowa school negligent for how it handled a football player’s possible head injuries. The jury awarded approximately $140,000 in medical expenses and $850,000 in damages for “pain and suffering, loss of mind and body, and loss of future earnings”.

Court documents stated that Bedford (Iowa) High School freshman Kacey Strough told his coach that teammates were throwing footballs at his head during the 2012 football season. Evidently, the teammates continued, even after Strough asked them to stop. The coach reportedly did nothing about the incident.

A lawsuit was then filed in 2013, claiming that Strough sustained head injuries as a result of the incident. With the facts in mind, the jury determined that the school must pay close to $1 million in damages and medical fees. This is particularly important because this was the largest payout in a high school head injury case. Consequently, legal experts are watching similar cases and keeping their eyes on sports where injuries to the head have caused significant damage.

Reportedly, both the school administration and the nurse knew about Strough’s condition, but failed to tell the coaches that he was more susceptible to a potential head injury. Many states now require coaches and officials must remove athletes from the field at the first possible sign of a head injury. Iowa state passed a similar law in 2011 which dictated that athletes are not allowed to return until being evaluated and cleared by a licensed medical professional. Strough was never removed from the field of play.

In most instances, being hit in the head with a ball would not necessarily cause significant injury for high school athletes. However, Strough was a unique case because he has a rare condition called cavernous malformation. The condition disrupts normal blood flow and can leave individuals more susceptible to brain injury.

After the primary incident, Strough began showing signs of serious brain trauma including; partial paralysis, slurred speech and severe headaches. The student underwent surgery to remove a blood clot near his brainstem. The lawsuit claimed the clot was directly related to the incident and made worse by the failure of his coach to take him out of the game.

At present, Strough uses a wheelchair and has permanent brain damage. It appears that he has a long road of recovery ahead if he recovers at all.

The case originally focused on the administration’s failure to respond when Strough reported being bullied. It was later amended to focus on the failure to comply with the 2011 concussion and head injury law.

This case officially goes down as a jury holding a school responsible for failing to protect an athlete who sustained a head injury. However, the case could potentially open major legal doors for athletes in Louisiana and other states where head injuries have caused major problems for athletes from the high school level through the professional leagues.

See J. Price McNamara For Legal Help With Your Injuries

If you or someone you know has been the victim of a head injury while playing sports, you should contact a legal professional right away. Head injuries can be extremely dangerous and can sometimes result in significant damage later in life. The law may limit the time you have to file your lawsuit, so do not wait! J. Price McNamara is a well respected attorney in the Louisiana legal field and beyond for his expertise, skill and tenacious advocacy for his clients. Call us today for your case review and get the legal team at J. Price McNamara working for you!

Head Injury Lawsuits In Sports Increase In 2015

brain imageThis year has proven to be one filled with lawsuits for head injuries in multiple major sports. However, experts claim that the debate over concussion legislation will likely intensify in coming months.

In recent news, debate has been fiercely circling around concussions in the National Football League. Former players, their families, lawyers and medical experts point to the long term and serious side effects on head injuries and what the league should do to stop them. Athletes argue that they were simply doing their job. However, professional sporting policies may look very different once all te pending litigation is settled. Here are some sport injury cases pending litigation:

1) Wrestling
Athletes taking part in wrestling have recently joined the concussion debate. More specifically, two former wrestlers filed a lawsuit against the World Wrestling Entertainment league in the early part of 2015. The wrestlers allege that the WWE “subjected its wrestlers to extreme physical brutality that it knew, or should have known, caused latent conditions and long-term irreversible bodily damage, including brain damage.”

In contrast, the attorney for WWE claims that the league has always been up front with its athletes on the subject of injuries. They fully deny culpability and have vowed to fight any efforts to gain compensation for athletes suffering from the effects of head injuries.

2) Hockey
Hockey was actually in on the head injury lawsuits early on. As early as 2013, the first major lawsuit was filed against the National Hockey League. The lawsuit documents alleged that the NHL and its officials failed to monitor players during games and did not do enough to prevent concussions from occurring. There are currently 25 players pursuing damages, with more adding their names to the lawsuit every day.

Surprisingly, the NHL does not deny that concussions occurred in the league or that these concussions led to long-term health problems. However, they assert that these players knew the risks of their profession and chose to participate regardless. This particular lawsuit intensified in February when former NHL defenseman Steve Montador was found dead in his home at the young age of 35. Montador retired from the NHL in 2013. According to family and medical professionals, Montador never fully recovering from a season-ending concussion in 2012. The case highlights the importance of medical examinations and compensation for long term ill-effects of head injuries during professional athletic events.

3) Football
The no sport has more controversy over the concussion and head injury cases that the National Football League. The first major lawsuit was filed against the NFL in early 2011. Since that landmark case, over 5,000 former players have added their names to various suits against their former employer.

In response, the NFL has acknowledged the dangers of concussions in the sport and is working to come up with a settlement amount that will be used for prevention of current player head injuries and compensatory damages for players suffering from long term side effects of head injuries. Both the league and former players are optimistic about the future solutions proposed by both the league and attorneys for former players.

Let J. Price McNamara Help You With Your Case

If you or a loved one has recently suffered from a head injury or any other type of injury, you could be entitled to monetary compensation. Head injuries have been shown to have significant and serious long term side effects on athletes. If you live in Louisiana, you should also have an experienced attorney with extensive knowledge of the law to help you get the maximum compensation for your injuries. J. Price McNamara has practiced law for many years and he has an outstanding reputation among both his peers and with his community. The law may limit the time you have to file your case, so there is no time to waste. Call us today to schedule a free case review. The legal team at the Law Offices of J. Price McNamara is waiting to help you today.

Man Sues St. Charles Parish Over Traumatic Head Injury

BRAIN AND HEAD INJURY

A man allegedly injured in an automobile accident filed a federal lawsuit in New Orleans against St. Charles Parish, Vernon Joseph St. Pierre, Jr. in his capacity as President of St. Charles Parish, the St. Charles Parish Council, the State of Louisiana, and the United States Army Corps of Engineers. On February 14, 2011, Dustin Michael Schexnayder, Sr. was purportedly driving on a road through the Bonnet Carre Spillway. Schexnayder claims he sustained severe trauma to his head as well as other injuries when his car left the roadway and landed in a nearby drainage ditch.

According to Schexnayder’s lawsuit, the roadway failed to have a guard rail installed despite its proximity to a dangerous drop off. He accuses the defendants of several counts of negligence including failing to properly maintain the roadway, failing to install safety devices to protect drivers from the drop off, failing to properly mark the road, failing to install guard rails near drainage ditches, and failing to properly supervise the roadway. Schexnayder also claims the road’s condition at the time of his accident demonstrates defendants’ blatant neglect of their duty to maintain a safe road environment.

Schexnayder asked the New Orleans court to compensate him for his head trauma, physical pain and suffering, emotional distress, permanent disability, loss of income, medical expenses, and other damages. His mother also asked the court to award her damages for loss of love and affection, loss of consortium, court costs, and other damages.

A brain injury should always be taken seriously as its effect can range from mild to extremely severe. Even a minor trauma to the brain can have a significant impact on an individual’s long-term functioning. Brain damage from a head injury can affect thinking, language abilities, emotions, and sensory perception. Approximately two million Americans suffer some degree of brain trauma each year. Brain injuries can be devastating and life-altering. It is estimated that 5.3 million people in the United States require daily long-term care as a result of a traumatic brain injury. A brain injury may also increase the risk for developing other brain conditions over time.

Treatment of brain injuries can be extremely expensive as medical costs can easily exceed tens of thousands of dollars. If the victim of a traumatic brain injury requires daily care or assistance, treatment costs soar even higher. If you or a loved one has suffered a brain injury in an accident, you are advised to seek the assistance of an experienced personal injury lawyer.

J. Price McNamara is a hardworking Contact the Law Offices of J. Price McNamara. He represents clients who have suffered a head injury throughout Louisiana including Metairie, Mandeville, Baton Rouge, New Orleans, and Lafayette. To speak with a skilled personal injury lawyer today, call J. Price McNamara at (866) 248-0580. You may also contact him through his website.