According to the Centers for Disease Control and Prevention (CDC), approximately 1.7 million people sustain traumatic brain injuries (TBIs) each year in the United States. When they are severe, traumatic brain injuries can leave victims with significant and long-term disabilities and medical issues that can affect them for the rest of their lives. As a result, it’s critical that anyone that has sustained a TBI protecting their legal rights by retaining an experienced personal injury attorney as soon as they can.

Medical Expenses

Severe traumatic brain injuries often involve open head wounds other medical conditions that require emergency surgery and weeks or even months of hospital care. Not surprisingly, the medical expenses related to the initial treatment of a severe TBI can rise well into the hundreds of thousands of dollars. In addition, severe TBI victims often require ongoing care that can result in a lifetime of ongoing costs.

Lost Income

Many people who sustain severe traumatic brain injuries are unable to return to work for months or even years, if at all. Consequently, a TBI has the potential to result in a lifetime of lost income, which can be extremely difficult to calculate. Doing so involves much more than simply taking your paycheck and multiplying it by the number of years you have until you reach retirement age. It’s necessary to take into account issues like regular raises, inflation, career advancement, personal talents, and education when determining the amount of money victims would have earned over the course of their entire career. In many cases, it’s necessary to consult with financial and actuarial experts in order to come up with a reasonable figure to pursue. This is one of the many reasons it’s extremely important for victims to consult with an attorney after an accident and not just take the first settlement offer they receive.

Physical and Emotional Pain and Suffering

Physical and emotional pain and suffering are perhaps the most significant losses that severe TBI victims can sustain – and often the most difficult to establish. A severe brain injury can affect your ability to communicate, understand others, and engage in basic daily tasks. In many cases, it may prevent you from doing the things you enjoyed before your injury for the rest of your life. These kinds of noneconomic losses are compensable under Kansas law but capped at an amount that does not show much respect for life. We are working during the 2019 session to get this law changed so limits are raised to $500,000 for this category of damages.

Call Us Today to Schedule a Free Case Evaluation with a Salina Personal Injury Attorney

The losses associated with a severe TBI can be tremendous, and insurance companies are ready to fight victims tooth and nail along every step of the way.

If you or a loved one has suffered a traumatic brain injury, you should speak to an attorney as soon as you can. At Neustrom & Associates, we have been helping injured victims obtain the compensation to which they are entitled since 1979. To schedule a free case evaluation with a personal injury attorney in Salina, call our office today at 785-825-1505 or contact us online.

Look for mood swings as well as any changes in personality

Any traumatic blow to the head or body can cause a traumatic brain injury (TBI). Some TBI symptoms are hard to miss—loss of consciousness, paralysis, slurred speech, and impaired coordination are only some of the most obvious.

Emotional signs and symptoms, however, might be harder to notice. If you have suffered a traumatic accident, or if a loved one has, look for the following emotional symptoms that might be signs of a TBI.

Anyone Experiencing

After a TBI, some victims become “thin skinned” and cranky. Of course, anyone experience physical pain (like TBI victims) will unsurprisingly become irritable. However, TBI victims often experience persistent frustration or anger, especially when they can no longer perform simple tasks that were once easy. For example, a TBI victim might no longer be able to balance a checkbook or follow simple directions. If simple tasks frequently anger you or a loved one, then you could be dealing with a TBI.

Anxiety and Depression

Anxiety and depression are two common symptoms of a traumatic brain injury. Everyone feels nervous sometimes, especially after a traumatic accident. For example, after a car accident it is understandable that you might be nervous about riding in a car.

However, TBI victims experience a sense of dread or peril that has no obvious trigger. These strong emotions might come out of the blue and be difficult to manage without anti-anxiety drugs.

Many TBI victims also experience a prolonged and deep depression. As a result, they might begin contemplating suicide or other self-harm. Some TBI victims will need antidepressants, otherwise depression can spiral out of control and worsen physical symptoms such as insomnia or fatigue.

Mood Swings

After a traumatic brain injury, many patients experience dramatic mood swings. Often, an ordinary day feels like a rollercoaster ride. Generally, mood swings stem from injuries to the frontal lobe of the brain. TBI victims might need medication and behavioral therapy to manage these symptoms.

Schizophrenia

Those who suffer severe TBIs have an increased risk of developing disorders like schizophrenia. Because severe TBIs often leave victims in a state of physical helplessness, personality changes like schizophrenia might not be immediately apparent. Instead, family members are so focused on coping with their loved one’s physical disabilities that emerging mental disorders get overlooked.

However, if you notice hallucinations, delusions, or confused thoughts, then you might have schizophrenia. Other symptoms include being jumpy or nearly catatonic, as well as a lack of interest in hygiene and self-care. Unfortunately, those with the condition are usually unaware of it, so concerned family members should raise the issue with a physician if they notice these symptoms.

You are Not Alone

Traumatic brain injuries disrupt a victim’s life but also the lives of supportive family members. As you struggle to piece your life together, you might feel that you have no one supporting you. At Neustrom & Associates, we fight for TBI victims and get them the compensation they need. To schedule your free consultation, please contact us today.

The brain is the body’s most important–and perhaps most vulnerable–organ. The brain controls everything from thinking to emotion, memory to language and more. Which is why when a person suffers a blow or other injury to the head the results can be so devastating.

At the law offices of Neustrom & Associates, we have seen the effect that traumatic brain injury (TBI) can have on an individual’s life. If you have suffered a TBI due to another’s negligence, our lawyers want to help you understand your right to file a lawsuit and recover compensation for your losses.

Causes of Traumatic Brain Injury

A TBI is a result of a blow or other injury to the head/brain, such as the head being shaken rapidly back and forth or the skull and the brain being punctured by an object. As such, a person may suffer a TBI as a result of a number of different accident types, including:

• Motor vehicle accident;
• Slip and fall;
• Pedestrian or bicycle collision; and
• Sports injury (i.e. tackle football).

The above list is not inclusive. While the accident types listed above are all very different, they share one thing in common: They are almost always the result of one party’s negligence.

The Effects of a TBI

The effects of a TBI can be disabling and long-term. Some of the most jarring effects include problems with memory, language, and cognition. In severe cases, movement and sensation may be affected as well, and a person may lose their ability to perform self-care, perform their job, or care for others in their life.

One side effect of a TBI that is quite common, but often overlooked, is the emotional effect. A TBI can result in significant behavioral and emotional changes, including mood swings and angry outbursts, depression, and inappropriate and impulsive behavior. This can limit a person’s ability to function in social settings, and may also result in a diminished quality of relationships.

Do I Have a Right to Sue?

After a TBI, you may suffer both economic and noneconomic damages, and be at a loss as to how to move forward. If your TBI would not have occurred but for the negligent actions of another party, you can file a lawsuit to recover compensation. In order to win your suit, you will need to prove that the defendant owed you a duty of care, that the duty of care was breached, and that the breach was the direct cause of your TBI. You will also need to substantiate the extent of damages you have suffered, and be sure to file your suit within two years of suffering the TBI.

Call Our Salina, Kansas Personal Injury Attorneys Today

When you have suffered a traumatic brain injury due to another’s fault, you deserve to be compensated. Our lawyers offer free injury consultations and can guide you through your rights and options. We have more than 80 years’ worth of combined legal experience, and charge no fee if we do not win. To schedule your free consultation, please call us today or send us a message now.

Daniel J. Levitin/Nov 23, 2017 

Written for:  THE NEW YORKER

One evening in April, driving home from a university function, I was stopped in freeway traffic caused by roadworks somewhere up ahead when I felt a massive jolt. The back of my head hit the headrest, then my head lurched forward and I felt something hit the inside of my forehead with a squishy blow. Then my head snapped back and slammed into the headrest a second time. I didn’t feel any pain at first, just a stunned sense of disruption.

As a neuroscientist, I know a bit about traumatic brain injury and concussions. Sitting on the freeway, I went through a quick checklist in my mind: I hadn’t blacked out. I wasn’t dizzy or nauseated. This meant that it was unlikely I’d slip into a coma or lose consciousness in the critical next few hours. But I could feel a dull ache in the cerebellum, where my head had hit the headrest. If the impact had been any higher up, I thought, in the occipital lobe, I might have lost my sight or experienced hallucinations. The squishy sensation, I suspected, was likely my prefrontal cortex pushing against the viscous fluid that keeps it from the bone of my skull.

I did not want to move yet. I wanted to just sit. The young woman who hit me walked up to my window and asked if I was all right. She was clutching her cell phone. I wondered if she had been texting while driving. I knew that going to the E.R. would likely be pointless: concussions don’t leave any evidence that can be seen in CT scans and MRIs, and newer markers—cerebral spinal fluid and blood draws—are still being evaluated.

I also knew that after a concussion one can lose the ability to think clearly, and that I probably shouldn’t trust myself in this state. I called my longtime doctor, with whom I have a close relationship, and described what happened. He asked a few questions: Did the airbags deploy? Did you black out? Are you in pain now? Do you feel nauseated or dizzy? Can you wiggle your toes and fingers? We talked for a few minutes. He knows me well. I imagine he was trying to engage me in conversation in order to assess any cognitive change. Sensing none, he advised me not to go to the hospital, but to go home and start a post-concussion protocol. I should take a thousand milligrams of Tylenol to reduce pain, I should monitor my bodily states carefully, and I should ask my wife to wake me up in the morning, to insure that I hadn’t lapsed into unconsciousness.

My doctor said that I had probably suffered whiplash, something I hadn’t considered, and he predicted that my neck, forehead, and the base of my head would be very sore for the next few days. Other than that, he said, I’d likely feel normal for the first day or two. Brain injuries are like that. There are so many redundant circuits and so much neurochemical momentum that the behavioral and physiological effects of an injury can be masked for seventy-two hours.

He was right: for two days, I felt like a tight elastic band was wrapped around my forehead and the base of my skull. Otherwise, I was fine. But, on day three, I experienced the first sign of trouble. I’d begin a sentence as always, expecting the words I needed to magically appear—and then they wouldn’t. Speaking had always felt like that playground game of grabbing suspended rings on a climbing frame, the next ring just waiting for a free hand; now, it was as though the rings were disappearing just as my fingers were ready to curl around them. I had to stop where I was and hang, motionless, unable to move either forward or backward. My wife asked me what those specialized microphone jacks are called. It took me five minutes to come up with “XLR connectors,” a term I’ve known since I was twelve and use regularly. Disconcerted, I began keeping a log of my symptoms—the repercussions of my concussion.

Names were a problem, especially names that sounded similar. Trying to find the name “Mitchell,” I would instead say “Michael,” and then the memory-retrieval pathway would be blocked. In much the same way, words that were more common would crowd out those that were less. It was as though my brain were using Vegas oddsmakers to determine which I might really be after. Shortly after my concussion, I was scheduled to do an interview on BBC Radio. I called my publicist to explain that I had been in an accident and wasn’t feeling up to it. “I have a . . . a . . . percussion,” I said, instantly knowing that my hand had missed a ring. We cancelled all my interviews for the next few weeks.

On day five, I began to have difficulty sleeping. I have a mild form of narcolepsy, meaning that I fall asleep within six to ten seconds of lying down, and then sleep through the night. I also tend to have an overwhelming urge to fall asleep at one o’clock every afternoon—not the typical post-lunch tiredness, but a real biological shutdown for about ten minutes. I’ve been this way my entire adult life. Most cases of narcolepsy are traced to deficiencies in the production of hypocretin. Specialized hypocretin cells in the brain’s hypothalamus project to other regions of the brain that promote arousal and appetite. When everything is working well, they wake you up and put you to sleep at the appropriate times, according to a twenty-four-hour cycle. Narcolepsy occurs when the arousal mechanism is damaged—which might have happened, my neurologists and I speculate, when I was seventeen and came down with a bad case of the mononucleosis virus. But after the car accident I found myself waking up every half hour or so. It went on for weeks. Some nights, after awakening in darkness, I would stare at the ceiling for an hour or two. By day twenty-three, I had become a full-fledged insomniac.

Trying to keep up with the daily onslaught of e-mails and to-do lists was impossible: my mind wandered, and I was still having word trouble. This could all have been related to sleep loss, I knew, but I feared that the real cause was damage to my frontal lobes. Positioned just behind your forehead, they are the seat of planning, organizing, and concentrated focus. The prefrontal cortex and all of its GABA (gamma-Aminobutyric acid) receptors also allow for impulse control, which prevents you from shouting out things that will get you punched in a bar, and from giving into distraction when you’re trying to work.

Contemplating this, I began to cry. “More emotional,” I wrote down in my log. I realized that I had been far more emotional than usual in the past couple of weeks—crying at a sunset, a romantic comedy, and sometimes at nothing at all. Was my concussion making me more deeply connected to the world around me, or was I just crying without any associated gain in artistic and interpersonal sensitivity? Would my newfound emotional sensitivity make me a more compelling singer? When I tried a few old favorite songs, I discovered instead a total inability to sustain a pitch. My voice wasn’t just wobbly; it had lost its tonal qualities and no longer sounded pleasing even on short notes.

A few days later, my wife and I had sex for the first time since the accident. Just before the moment of orgasm, I developed a horrible, painful, immobilizing headache in the prefrontal region, which lasted for a few minutes, then subsided, then recurred throughout the rest of the evening. Two days later, when we tried again, I again experienced the headache, which recurred throughout the day. My chiropractor suggested that a nerve in my neck might be pinched, probably from the whack to my cerebellum, and he began regular neck adjustments. But I worried that the cerebellar damage might be causing other problems.

The cerebellum is the part of the brain responsible for maintaining a steady gait and fine motor control, but recent microscopic studies by Jeremy Schmahmann at Harvard and neuroimaging studies that I performed with my colleague Vinod Menon have shown that it contains direct connections to the emotional centers of the brain. This explained the crying. It would also explain the trouble I’d been having playing the guitar. I have been a musician for forty-five years, and now I couldn’t even complete my warmups. It felt like my brain was sending the right signal to my fingers, but my fingers were having none of it.

It took a month to slowly rebuild the pathways for fine finger movements, but my singing voice still sounded very unpleasant. I found myself thinking of Jeralyn Glass, an opera and Broadway singer whom I have known since high school. As it happened, she had recently moved back to L.A. to teach voice. I took two lessons with her, in which she figured out that my larynx had stiffened and had shifted upward in my throat, presumably from the whiplash. She showed me some exercises to do to loosen it up and get it in the right position, and then to strengthen it. Three months after my concussion, my voice had come back, but my concentration and stamina in my work were still reduced. I used to work until bedtime, or play my guitar after dinner with friends, or read a book; but now by 7 P.M. I felt completely spent. Writing was still difficult. Flow and lucidity had never come easily to me, but would reveal themselves with editing and focus, two things I now found difficult to do.

It has now been six months. The only effects still lingering are a loss of stamina, and the continued sense that my word generator has a bottleneck. I’ll use the words that I do have; others might take a little longer to locate. Sometimes, I wonder where they got to. I am reminded of Montreal, where I lived for seventeen years. Every year, hundreds of the roads would be blocked for months at a time, either from snow buildup in the winter or repair works in the summer. The entire city became an ever-shifting maze. Slowly, though, I built up a store of alternate routes that I could rely on, until the snow began to melt or the roadworks were completed, and the traffic could flow along its usual routes once again.

The brain is one of the body’s most important organs, responsible for communication between the body, the thinking and processing of information, speech and language, memory, reason and logic, emotion, and countless other tasks. As such, when the brain is injured, the results can be catastrophic and life-changing for a person, potentially affecting their ability to perform their job, manage their emotions, control their body, learn new information, and more.

While the brain is both strongly protected by a thick skull, and highly resilient in that it is impacted, every year, there are thousands of people throughout the United States who are hospitalized for traumatic brain injuries (TBIs), and countless victims who suffered injuries that are considered severe, and that may never heal.

At the law offices of Neustrom & Associates, our experienced traumatic brain injury attorneys understand that if you or a loved one has suffered a TBI, you are probably scared about what the future holds. While we cannot promise healing, we can promise to work hard on your behalf to recover a settlement that fully compensates you for your economic and noneconomic harm.

Causes of Traumatic Brain Injuries

A traumatic brain injury occurs when the brain is impacted with force, shaken rapidly, suffers a direct blow, is deprived of oxygen, or is penetrated. There are multiple different types of brain injuries, including concussions, contusions, coup-contrecoup injuries, diffuse axonal injuries, acquired brain injuries (anoxia and hypoxia), and penetration injuries. It is difficult to say which of these brain injuries types is the most serious; each has the potential to be life-changing, or even fatal. These traumatic brain injury types can happen as a result of numerous accidents, including:

• Car accidents;
• Bicycle crashes;
• Pedestrian accidents;
• Slip and falls;
• Large truck or commercial vehicles crashes;
• Motorcycle accidents;
• Pool-related accidents;
• Sports-related accidents;
• Amusement park accidents;
• Nursing home accidents; and

All too often, TBIs and TBI-causing accidents occur as a result of negligence. If your TBI was sustained due to the negligence of another party, you have the right to bring a lawsuit for damages.

You Deserve to Be Fully Compensated for Your Losses

At the law offices of Neustrom & Associates, our attorneys believe that you deserve to be fully compensated for your losses. Traumatic brain injuries can result in high medical bills for a person, the inability to return to work and therefore lost wages, the necessity of long-term or in-home medical care, and other economic costs/losses – we fight for your right to recover the full value of these losses. Further, traumatic brain injuries also impact a person physically and emotionally, and can cause pain, suffering, emotional distress, damage to intimate relationships, impaired parenting abilities, and more. We work hard to make sure you are compensated for these noneconomic losses too.

In order to improve your chances of recovering your full compensation amount, we make sure that we always:

• Thoroughly investigate your case and pinpoint the precise cause of the accident that resulted in your TBI;
• Turn to experts and specialists, such as accident reconstruction experts and medical professionals, to help us prove fault and substantiate damages;
• Operate within the legal parameters, including ensuring that your claim is filed on time and that a lawsuit is brought forth within the statute of limitations;
• Negotiate skillfully and aggressively, refusing to back down until a fair settlement offer is made; and
• Prepare to go to court – even if a settlement is reached, we want to ensure that we are prepared for litigation in the event that going to court is the best way to get you the compensation award you deserve.

Our Traumatic Brain Injury Attorneys Have the Track Record You’re Looking for

Following a serious TBI that leaves you or a family member with disability and losses, you need to hire an attorney that is both experienced and compassionate. At the offices of Neustrom & Associates, we have what you are looking for, including 90 years of combined experience, and success in over 3,000 cases. We are highly trusted and respected by our community, and have received multiple state and national recognitions for our superior legal services. We also offer personalized services that focus on you – when you hire our law firm, you will always be our top priority.

Schedule Your Free Consultation Today

If you have suffered a traumatic brain injury due to the negligence of another party, be it a private citizen, a professional, or a business, we want to help you. You can schedule a free consultation with our knowledgeable Kansas traumatic brain injury attorneys by writing us a message online, or by calling us directly today.