What are the main causes of TBI? First, let’s talk about what a TBI (traumatic brain injury) is.
What is a TBI?
The Centers for Disease Control and Prevention (CDC) defines a TBI as “a bump, blow, or jolt to the head that disrupts the normal function of the brain.” Anything that penetrates brain tissue can also cause a TBI (for example, a bullet or knife). These injuries can be mild (like a concussion) or severe, leading to long-term disabilities.
TBI is a major cause of disability and death in the United States. According to Brainline.org, 2.8 million Americans are diagnosed with Traumatic Brain Injuries each year. 2.5 million of those 2.8 million are treated in the emergency room and released. 282,000 are hospitalized; and 56,000 die as a result of TBI.
Understanding the common causes of TBI can help people stay safe and know their legal options if someone else is responsible for their injury.
Causes of TBI
Head injury at work
Workplaces can be dangerous, especially in industries like construction, manufacturing, and warehousing. Falling objects, slips and falls, and heavy machinery accidents can all lead to serious head injuries. Workers who are not given proper safety equipment or training are at an even higher risk. If an employer fails to follow safety rules and a worker suffers a TBI, the injured person may have a legal case to seek compensation.
Common causes of TBI in the workplace:
- Slips and falls – Wet floors, cluttered walkways, or uneven surfaces can cause workers to fall and hit their heads.
- Falling objects – Tools, materials, or equipment can fall from above and cause serious head trauma.
- Vehicle accidents – Workers who drive trucks, forklifts, or other heavy equipment are at risk of head injuries in crashes.
- Explosions or blasts – Sudden loud noises or shock waves can cause concussions, especially in industrial settings.
- Workplace violence – Physical altercations or assaults can result in traumatic brain injuries.
Legal implications of a workplace head injury
If you suffer a head injury at work, you may be entitled to compensation. Here are some legal options to consider:
Workers’ compensation
Most employers in South Carolina must carry workers’ compensation insurance. If you are injured on the job, this coverage can help pay for:
- Medical expenses
- Lost wages
- Rehabilitation costs
- Disability benefits
Workers’ compensation is a no-fault system, meaning you do not have to prove your employer was negligent to receive benefits. However, your claim could be denied if you failed to report the injury on time or if the insurance company disputes your case.
Third-party claims
In some cases, another party may be responsible for your head injury. If a defective product, unsafe equipment, or negligent contractor caused your accident, you may be able to file a personal injury lawsuit against them. This could allow you to seek compensation beyond what workers’ comp provides, including pain and suffering damages.
What to do after a workplace head injury
If you suffer a head injury at work, take these steps to protect your health and legal rights:
- Seek medical attention – Even a minor head injury can lead to serious complications. Get checked by a doctor as soon as possible.
- Report the injury – Notify your employer right away. In South Carolina, you typically have 90 days to report a workplace injury.
- Document everything – Keep records of medical visits, accident reports, and any communications with your employer or insurance company.
- Consult an attorney – A workers’ compensation lawyer can help you navigate the claims process and fight for the benefits you deserve.
Car accident head trauma
Car accidents are another one of the leading causes of TBI. A car accident can happen in an instant, but the effects can last a lifetime. One of the most serious injuries a person can suffer in a motor vehicle crash is head trauma.
A sudden crash can cause a driver or passenger to hit their head against the steering wheel, dashboard, or window. Whiplash can also cause a brain injury without direct impact to the head. Even if there is no visible injury, the brain can move inside the skull, leading to bruising, swelling, or bleeding.
Long-term issues can stem from even a mild concussion, while severe brain injuries may require lifelong care. If another driver’s negligence caused the accident, the injured person may be able to file a legal claim for damages. In this case, it’s important to understand your legal rights and options.
Who is liable for head trauma after a car accident?
Determining who is responsible for your injuries is key to getting compensation. Liability in a car accident usually depends on negligence, which means proving that someone else caused the crash. Common parties who may be held responsible include:
- Other drivers: If another driver was speeding, distracted, or reckless, they may be held liable.
- Car manufacturers: If a vehicle defect contributed to your injury, the manufacturer could be at fault.
- Government agencies: If poor road conditions or faulty traffic signals played a role, a government agency might be responsible.
A lawyer can help investigate your accident and determine who should be held accountable.
Compensation for car accident head trauma victims
Victims of head trauma may face expensive medical bills, lost income, and a lower quality of life. A legal claim can help recover compensation for:
- Medical expenses – Hospital stays, surgery, rehabilitation, and future treatments.
- Lost wages – If you miss work or are unable to return to your job.
- Pain and suffering – Emotional distress and reduced quality of life.
- Long-term care costs – If the injury leads to permanent disability.
In cases where the accident was caused by extreme negligence or reckless behavior, punitive damages may also be available.
Proving a head trauma case can be complicated. Insurance companies may try to downplay your injuries or deny your claim. A lawyer can gather evidence, negotiate with insurance companies, and fight for the full compensation you deserve.
TBI caused by Medical Malpractice
In some cases, medical malpractice can be one of the causes of TBI. When a doctor or hospital is at fault for a patient’s TBI, the victim or their family may be able to take legal action.
How can medical malpractice cause a TBI?
There are several ways a medical mistake can lead to a TBI:
- Surgical errors – A mistake during brain surgery or procedures involving anesthesia can cause oxygen loss or direct damage to the brain.
- Lack of oxygen (hypoxia) – If a patient is not given enough oxygen during surgery or childbirth, brain cells can start to die, leading to a TBI.
- Medication errors – The wrong drug or incorrect dosage can lead to seizures, strokes, or other conditions that damage the brain.
- Failure to diagnose or treat – If a doctor fails to detect a stroke, brain infection, or other condition in time, it can lead to permanent brain damage.
Legal implications of a TBI caused by medical malpractice
If a TBI was caused by medical malpractice, the patient may be entitled to compensation. However, proving a malpractice case can be complex. The patient (or their family) must show that:
- The doctor or healthcare provider had a duty to provide proper care.
- The provider failed to meet the standard of care.
- That failure directly caused the TBI.
- The injury resulted in significant harm, such as medical bills, lost wages, or long-term disability.
What compensation is available?
Victims of medical malpractice may be able to recover damages, including:
- Medical expenses – Costs for hospital stays, rehabilitation, and ongoing treatment.
- Lost wages – If the injury prevents the person from working.
- Pain and suffering – Compensation for emotional and physical distress.
- Long-term care – If the injury requires lifelong medical attention.
Medical malpractice cases are complicated and require strong evidence. A skilled attorney can help gather medical records, consult experts, and fight for fair compensation. If you or a loved one suffered a TBI due to a medical mistake, seeking legal help is essential.
In conclusion, workplace accidents, car accidents and medical malpractice can all be causes of TBI.
Online resources for South Carolinians with TBI’s:
Medical University of South Carolina
SC Department of Public Health
Seeking legal help
A traumatic brain injury can change a person’s life forever. If someone else’s negligence caused the injury, they should be held accountable. A skilled attorney can help victims and their families understand their rights and fight for the compensation they deserve. If you or a loved one has suffered a TBI, speaking with a lawyer could be the first step toward justice.
Because of the tremendous costs and long-term health consequences associated with TBI’s, if you suffer a TBI that is through no fault of your own, it is a good idea to contact an attorney for help.
Contact TBI Attorney David L. Hood for a Free Consultation
If you or someone you care about has suffered a traumatic brain injury, please schedule your free consultation by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.
We know how difficult it can be to deal with the immediate and long-term effects of a traumatic brain injury. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Traumatic Brain Injury Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!
Other online resources used for this article:
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