Brain Injuries

CHARITY FREEMAN

Traumatic brain injury or TBI is a serious problem in the United States. Every year nearly 1.7 million people suffer from a traumatic brain injury from an accident or trauma. Traumatic brain injury is one of the leading causes of permanent disabilities in our country. If you, a family member, or a loved one has suffered a brain injury that was caused by the fault of someone else then you may need a lawyer with experience in handling head injury cases. With us is attorney David Farnbauch personal injury lawyer from the Sweeney Law Firm in Fort Wayne, Indiana. David is going to share with us. What is special about head injury cases and why do you need someone with expertise on that? David thanks for joining us.

DAVID FARNBAUCH

It's good to be here.

CHARITY FREEMAN

David I am sure most of us have heard about cases where someone is in a head-on collision and are in a coma for a long time, but are there cases where people suffer brain injury and have long-term effects where they have only lost consciousness for a short period of time? 

DAVID FARNBAUCH

I think that one of the big misconceptions about brain injuries is the notion that you have to have some sort of severe head trauma with a brain bleed or you have to go into a coma in order to have permanent brain damage and that certainly is not the case. We see frequently in our practice situations where one suffers a relatively modest blow to the head and they do not have any sort of a brain bleed or hemorrhages showing up on an image study and yet they can have a permanent brain injury. So you can have permanent brain injury without the loss of consciousness or without any sort of a brain hemorrhage.  

CHARITY FREEMAN

In those cases where someone doesn't have a brain bleed or subdural hematoma that is picked up on an x-ray or an MRI, how can a brain injury be diagnosed? 

DAVID FARNBAUCH

Actually most brain injuries are not diagnosed through conventional imaging studies like x-rays and MRIs. The most common way that a brain injury is diagnosed is through referral of the patient to a neural psychologist who conducts a battery of tests usually lasting about a day known as neuropsychological tests. They are designed to pick up or diagnose brain injuries.

CHARITY FREEMAN

What are some symptoms that someone could have if they have had a mild to moderate traumatic brain injury?

DAVID FARNBAUCH

Well there are a number of symptoms that a patient will experience if they have had a brain injury. One of the most common symptoms is what we call post traumatic amnesia where they will have little or no memory of a traumatic event. Other common symptoms include difficulty with concentration, difficulty with memory, agitation or personality changes. So there is any number of symptoms that a patient may experience after a brain injury.

CHARITY FREEMAN

Are there specific brain injury treatment programs and support groups for people who have had a traumatic injury?

DAVID FARNBAUCH

There are specific brain treatment centers located throughout the United States. In Indiana we have a brain injury association that is a support group and an information source for families who have suffered a brain injury locally. There are support groups in the Fort Wayne area that work with families that have suffered from a brain injury.

CHARITY FREEMAN

Your law firm has handled a number of these cases over the years. What are some of the challenges when you are presenting these cases to an insurance company or jury?

DAVID FARNBAUCH

Well, I think one of the most significant challenges with brain injury cases is what we have discussed before which is normally in these cases there won't be any kind of an obvious subdural hematoma that shows up on an x-ray or MRI, so if you do not see any kind of a brain bleed on an MRI then what you have to rely on is neuropsychological testing to prove that someone has suffered a brain injury. The other thing that we have to rely on to prove a brain injury is testimony from a person's family members or their co-workers who present testimony on how the person, their personality and their mental functioning has been altered after an accident or a brain injury.

CHARITY FREEMAN

David what advice can you offer someone who has suffered a traumatic brain injury because of someone else or at the fault of someone else? 

DAVID FARNBAUCH

Well I think that the best advice that I can give a family who has a family member that suffered a traumatic brain injury in an accident that is contemplating a legal case is to find an attorney who has specialized knowledge and training in brain injuries. These are cases that involve calling a number of doctors to testify and involves some pretty specialized knowledge regarding brain injury, so if you get an attorney that has not handled a brain injury case before. It's going to be difficult for that attorney to present the case properly.

CHARITY FREEMAN

David thank you. That's really helpful information. We appreciate you taking the time to discuss traumatic brain injuries.

DAVID FARNBAUCH

It was a pleasure to be here today.