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Factors That Impact A Brain Injury Case


One of the most vital parts of the body is the brain. It is the central hub of the entire nervous system, sending commands throughout the body and maintaining control of the many systems that make up an individual, including disease control and prevention, skeletal muscles, and response to pain.

Due to its importance in the functionality of the entire body, the health of the human brain is extremely important. There is only so much we can do in terms of injury prevention to protect our brains. When accidents occur that lead to traumatic brain injuries or even a minor head injury, extra care must be taken because of the potential damage to the brain tissue and its lasting effects.

The Centers for Disease Control has published plenty of information about traumatic brain injuries. Our knowledge and understanding of instances of traumatic brain injury, (TBI), has increased dramatically over the last few years, yet it can still be difficult to assess the value of a personal injury case that involves this type of head injury.

At Mitch Grissim & Associates, our experienced personal injury lawyers understand what factors can impact a brain or head injury case and are here to help you after an accident that caused a TBI. To learn more about your legal options and what your claims might be worth, call or contact our office today to schedule a free case consultation.

Factors that Impact a Brain Injury Case

When an incident occurs that leads to a traumatic brain injury, the recovery period can be difficult for many reasons. If it was a severe head injury, the physical damage to your brain tissue could cause permanent health issues. There is also the emotional impact of severe head injuries, as well as potential financial losses due to medical expenses.

For a traumatic brain injury lawsuit, knowing about the different factors that will affect the status of your claim is important.

Medical Documentation of Head Injuries

One of the biggest factors impacting a brain injury case is the extent of the medical documentation of the injury. A victim of a head injury must be seen by a medical professional as soon as possible after an accident to diagnose a TBI. Using technologies like Magnetic Resonance Imaging, healthcare specialists could spot hidden issues like a blood clot or cerebrospinal fluid leak. A delay in diagnosis can lead to claims by insurance companies that the extent of the injuries is not as serious as the victim claims.

Diagnostic tests like a CT scan, PET scan, or EEG can help establish the existence of a traumatic brain injury, and a neuropsychological evaluation by a professional can confirm and bolster this diagnosis.

This documentation will serve as evidence of the traumatic brain injury and play a significant role in the claims process.

Changes in Appearance or Behavior

Changes in the victim’s appearance or behavior are another factor that can influence a brain injury case. If the victim suffers from paralysis, abnormal muscle movements, slurred speech, a severe blood clot, or other physical challenges it is easier for a jury to understand the seriousness of a TBI.

Changes in behavior like mood swings, aggressiveness, loss of social skills, and more can also illustrate the damage that a traumatic brain injury has caused to normal brain function.

Specifics of the Accident

The specifics of the accident that caused the moderate or severe TBI can also impact a brain injury case. While a traumatic brain injury can occur even in a low-impact collision, if the accident caused substantial property damage or harm to others, it can be compelling proof that the accident resulted in a brain injury for the victim.

This is particularly true in TBI cases involving motor vehicle accidents as well as construction site and pedestrian accident injuries. The specific circumstances of the accident could affect the outcome of your traumatic brain injury claim.

Victim’s Personal and Social History

Lastly, a brain injury victim’s personal and social history can impact a brain injury case. Determining the extent of a traumatic brain injury can be incredibly subjective, but showing a clear change in the victim’s personal or social history before and after the accident can be proof of the damage caused to the brain.

Examples include changes from an excellent to a poor employee, separation or divorce from a spouse, loss of custody of a child, or criminal activity after a TBI. These indicators are strong signs that TBI patients have been drastically affected by the accident.

To learn more about what can impact a brain injury case, talk to our office today.

Types of Traumatic Brain Injuries

A traumatic brain injury can come in many forms, from mild TBI to severe TBI-related deaths.

Skull Fractures

Though skull fractures are not necessarily a part of the brain, they often lead to brain damage. These injuries could occur in many circumstances, including motor vehicle crashes, sports injuries, or domestic violence.

A skull fracture can lead to other brain issues like edema or a concussion. Since the skull houses and protects the brain, a skull fracture often coincides with traumatic brain injuries. Older adults with weakening bone structure are susceptible to this type of penetrating injury.


This type of injury could be a mild TBI or severe TBI depending on the collision or force that caused it. Concussions are common for sports injuries and car accidents and are often delayed. When a victim may have suffered a concussion, checking if his or her eyes have difficulty focusing could help determine if a concussion has occurred. If one or both pupils have trouble responding to light stimulus, this could also point to a concussion.

Concussions may eventually lead to more severe secondary brain injuries, so it is important to get diagnosed and follow the recommended recovery practices.

Diffuse Axonal Injury

When brain cells are damaged due to blunt force trauma, a diffuse axonal injury can result in the loss of certain functions. It can be a devastating traumatic brain injury that completely alters the life of the victim.


When a blunt force causes a head injury, the brain tissue could begin to swell. However, the skull is unable to accommodate this symptom, leading to a buildup of pain and pressure where the brain swelling occurs.

Gunshot Wounds

Though extremely unlikely to occur in everyday life, gunshot wounds are nonetheless extremely hazardous to victims if they involve the brain. It could lead to a permanent brain injury or another form of severe TBI, including something called brain death when the damage is irreversible and respiration is no longer possible. The most severe gunshot wounds often result in brain death.

Spinal Cord Injury

Though this type of trauma is also not happening to the brain itself, the effects can reach the brain. If the brain is the central hub of the nervous system, the spine is its main highway for nerve cells and signals. Therefore if the spine is damaged enough, the brain can be affected by inflammation or other issues.

Shaken Baby Syndrome

When a baby experiences physical trauma such as shaking or impact, further brain damage could occur which the National Institute of Health and Centers for Disease Control defines as shaken baby syndrome. This age group is particularly vulnerable to a loss of brain function due to the softness of the skull. Older adults also have deteriorating skull strength which makes them more susceptible to incidents that can damage brain tissue.

Effects of a Traumatic Brain Injury

Symptoms that can occur due to a head injury that affects the brain are numerous.

The most severe traumatic brain injury can lead to a coma or even brain death. In the event of a coma, doctors use a tool known as the Glasgow Coma Scale to measure the severity of the condition. The Glasgow Coma Scale helps doctors track the progress of a coma patient to see when brain functions may be returning or healing.

Damage to brain cells and brain tissue can also lead to a damaged immune response. The brain may not have its full capabilities for disease control and prevention after a traumatic event, which can lead to harsher effects from bacteria and viruses that enter the body or genetic disorders.

A traumatic injury to the brain, even if only a mild head injury, can also cause debilitating neurological disorders. Depending on their severity, the victim may lose functionality of other systems in their bodies, from vital organs to motor functions.

Another symptom could be increased intracranial pressure. This could be the result of high blood pressure, an infection in the brain, or a stroke. This secondary brain injury might come after the primary injury from the impact that occurred.

Whatever form the effects of the brain injury take, your brain function and health will be affected severely. You may experience cognitive difficulties, blurred vision, decreased blood flow, blood clots, damage to nerve cells, or other health problems from your head injuries.

In the event of a traumatic brain injury or mild injury that is the fault of someone else, you may be able to recover compensation for your damages.

Pursuing Legal Options

Your best path forward may be to file a claim against the responsible party. Since head injuries can result in a severe traumatic brain injury, you have the right to a fair settlement for the damages incurred in the accident.

Since damage to your brain tissue can lead to many other risk factors down the road, working with an attorney to assess your damages and cover financial losses will be critical to your recovery.

Damages can include medical expenses from your brain injuries, lost wages due to an inability to work because of the brain damage, pain and suffering from the emotional effects of the injury, and more.

After a traumatic brain injury, so many things can go wrong for the victim. You may have a severely altered consciousness, a secondary injury that happens later, loss of brain functions, poor blood flow, or an increase in blood clots. Severe injuries can be life-altering, and if it is the result of another person’s negligence, then you deserve justice.

Though compensation will never make up for the emotional and physical damage that you have gone through because of the head injury, that should not stop you from holding the responsible party accountable with your claim.

Call or Contact Our Office Today

A traumatic brain injury is not something that you should suffer the financial consequences of when someone else’s negligence led to the accident.

Our legal team vows to uphold your rights and pursue fair compensation for your claim. When you are overwhelmed with recovery or the emotional toll of a severe head injury, let us provide guidance to ensure that you and your family are well looked after following the incident.

Whether you have suffered neurological disorders, brain swelling, damage to blood vessels, an open head injury, or increased blood pressure as a result of your injury, we can represent you through the legal process.

If you or a loved one has suffered a traumatic brain injury in an accident, the knowledgeable Nashville personal injury lawyers at Mitch Grissim & Associates are here to help. Call the office or contact us today to schedule a free evaluation of your case now, and let us help you on the road to recovery from your brain injuries.

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