Injuries of any kind can be painful and disorienting. Some injuries may cause long-term or even permanent damage, while others may require several weeks or months of intensive physical therapy or other forms of rehabilitation to heal properly. Injuries to the brain are especially challenging to navigate, as the severity of symptoms and overall prognosis of head injuries vary widely from person to person. Traumatic brain injuries (TBI) occur when an outside force, such as a jarring bump or jolt to the head, causes an injury to the brain. According to the International Brain Injury Association (IBIA), TBIs are the leading cause of seizure disorders. Moreover, TBIs are relatively common; every year, approximately one million Americans are treated and released from emergency rooms as a result of TBIs. It’s important to recognize that TBIs typically fall into one of two categories: open head injury and closed head injury. There are key differences between open and closed head injuries, and the specific details of the injury, the symptoms, and the prognosis are different for every person who suffers a TBI.
If you have suffered an open or closed head injury in Washington state because of another party’s reckless or negligent actions, you may be able to take legal action against the at-fault party to recover compensation. Pedestrians, cyclists, passengers, and drivers who are injured in an auto accident caused by a distracted or impaired driver can explore their legal options to decide whether to seek compensation by filing a personal injury claim. Or, if your open or closed head injury occurred because of a negligent medical provider, you may be able to file a medical malpractice claim to secure the compensation you need to support the costs of your recovery. No matter what the specific circumstances of your brain injury case may be, it’s worth discussing your options with a dedicated and compassionate personal injury legal professional. The dedicated legal professionals at Menzer Law are selective in the cases we take on, as we believe that this approach allows us to channel our resources into making the most significant impact. We invite you to contact our office for a complimentary case review. This post will explore some of the legal implications of open and closed head injuries in Washington state and how enlisting the guidance and support of a knowledgeable legal advocate can empower you to take action against the at-fault party so you can focus on your recovery.
Open vs. Closed Brain Injury
First, it’s helpful to identify the difference between closed and open head injuries. According to Johns Hopkins Medicine, an open brain injury (also called a penetrating brain injury) happens when there is a break, fracture, or penetration of the skull. In contrast, a closed brain injury occurs when there is a nonpenetrating injury to the brain (which means that the skull does not suffer any structural damage). In other words, closed brain injuries usually happen as the result of rapid forward or backward movement and shaking of the brain inside the skull. Although the skull does not become damaged, the brain tissue and vessels can tear or become bruised from knocking forcefully against the skull. Anyone who suffers an open or closed traumatic brain injury can experience a range of symptoms—some of which can cause permanent damage (or, in some cases, death). Auto accident victims should seek medical attention as soon as possible for signs of a TBI, especially since some symptoms may not be immediately apparent.
Open Traumatic Brain Injury Symptoms
In most cases, open head injuries are immediately apparent because they involve the penetration of the skull by an external object. For example, a car accident victim may suffer from an open head injury if flying debris strikes the individual’s head and fractures or punctures the skull. Unfortunately, open head injuries can be fatal, as the physical damage to the skull and brain can be significant and extensive. Those who survive often experience long-term impairment—cognitively, physically, and emotionally. Moreover, open head injuries carry a higher risk of infection, as the open wounds require careful cleaning and sanitizing to protect the area from harmful bacteria. In some cases, a negligent medical provider or hospital employee may fail to clean and dress the wound properly, leading to further infection or other health-related injuries or complications. When you discuss your case with a knowledgeable and experienced Seattle personal injury and medical malpractice law professional, you can identify the most strategic course of action that maximizes your chances of recovering the compensation you deserve.
Causes and Symptoms of Closed Brain Injuries
In contrast to open head injuries, closed brain injuries may not exhibit obvious signs of trauma or impairment. When someone is involved in an auto accident or a slip-and-fall incident, the force may be strong enough to knock the brain against the skull. Although the skull itself does not become fractured or damaged, the brain tissue itself can bruise or tear when it collides with the hard structure of the skull. Many closed brain TBIs happen during sporting activities, and athletes often need to be monitored after collisions with other players to screen for signs of traumatic brain injury.
Signs of a Closed Head Injury or Traumatic Brain Injury
Most people who experience a closed brain injury do not exhibit clear physical symptoms right away. For instance, there is usually no open wound or active bleeding that accompanies a TBI, so the victim and any witnesses may not see an immediate need for hospitalization or urgent care. However, it’s essential to look for the more subtle signs of closed brain injury and seek medical care as soon as possible for a more comprehensive evaluation.
Physical symptoms of a TBI can include headaches, convulsions, seizures, blurred vision, unequal eye pupil size or dilation, nausea, vomiting, or new neurological problems (i.e., slurred speech, weakness of the arms or legs, or loss of balance). Those who experience a TBI may also experience hearing problems, dizziness, sensitivity to light and sound, or vertigo.
Cognitive and Emotional Symptoms of Closed Brain Injuries
Since the brain is a complex organ, the symptoms of any brain injury can affect a person’s physical body, mobility, cognition, emotions, and moods. For instance, it’s common for those who suffer a closed head TBI to lose consciousness for a period of time (anywhere from a few seconds to several hours after the incident). They may experience disorientation, confusion, frustration, and irritability in the moments, days, weeks, or even months after the traumatic incident, depending on the circumstances of their accident. Other forms of cognitive impairment, such as issues remembering, concentrating, or making decisions, can also accompany traumatic brain injuries. Additionally, many TBI victims experience mood changes or become anxious or depressed following the injury. Unfortunately, many of these emotional and behavioral complications can affect the recovery process and exacerbate feelings of isolation and depression during this vulnerable and challenging time.
Pursuing Compensation for Open and Closed Head Injuries
If you suffered a brain or head injury because of someone else’s negligent actions, you may be able to file a personal injury or medical malpractice claim against the at-fault party to recover the compensation you need to support the costs associated with your recovery. Although Washington state does not require those seeking compensation to hire an attorney to navigate the claims process, doing so is highly recommended to ensure that you maximize your settlement offer and secure the compensation you deserve.
Personal Injury Claims for Brain Injury Victims in Washington State
As soon as you are diagnosed with a brain injury, it’s best to contact a highly qualified and caring Seattle personal injury attorney to discuss your legal options. If you were injured in a pedestrian, bicycling, or auto accident that was caused by a distracted or impaired driver, you may be able to file a personal injury claim to recover the compensation you need to account for the medical expenses, lost wages, and other costs stemming from the incident. With a dedicated legal advocate by your side, you can identify and compile clear and compelling evidence to support your claim. Your attorney can help you seek compensation for the wide-ranging impacts of your injuries, including past and future medical expenses, physical pain and suffering, emotional distress, and more.
Medical Malpractice Claims for Open and Closed Head Injuries
Sometimes, brain injuries are made worse or even caused by negligent medical providers or healthcare workers. For instance, a nurse’s failure to clean your head wound may have left you vulnerable to an infection. As a result, you may have been forced to spend more time recovering from both the original injury and the infection (that would not have occurred under the care of a more conscientious medical professional). Or, perhaps a surgeon overseeing a procedure or operation makes a careless error that punctures or injures your brain. Regardless of the details of your situation, your caring and dedicated legal advocate can work with you to build a compelling medical malpractice claim against the at-fault party so you can secure the compensation you need to support the wide-ranging costs of your recovery.
If you or someone you love has suffered a head injury because of another party’s negligent or careless actions, the caring and experienced legal professionals at Menzer Law are here to help you take that first step toward recovery. Contact our Seattle office today at (206) 903-1818 for a complimentary review of your claim.