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Archive for February, 2011

Nebraska Debates Motorcycle Helmet Laws

Friday, February 25th, 2011

An ongoing debate surrounds an individual’s choice to wear a motorcycle helmet when taking to the road. Supporters say that the government should not intervene with laws that restrict their freedoms to make decisions about motorcycle safety on their own. However, one individual who had once supported the repeal was involved in a motorcycle accident that caused a traumatic brain injury and he is consequently changing his opinion to oppose the repeal of the mandatory law. Despite the lessons learned, some still insist that helmets should not be mandatory.

The Debate

The bill would take away the mandatory requirement for individuals 21 years of age and older to wear helmets while operating a motorcycle. The bill would also allow riders who are between the ages of 15 and 21 to be exempt from wearing a helmet if they have successfully passed a safety course and carry the proper documents to prove the course was completed. The law would also require riders to wear specific gear to protect their eyes. Any violation of the law would be a secondary criminal offense. (more…)

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Types of Memory that May be Damaged from Traumatic Brain Injury

Wednesday, February 23rd, 2011

Although it is easy to understand that traumatic brain injuries can damage memory, few realize the complexities of the damage. It is often difficult for loved ones to understand how a brain injury can leave some types of memory untouched while causing serious damage in other areas. However, the human ability to remember information is not limited to a single brain area.

Memory is a fragmented and complex net of components. By understanding the separate components, it may be easier to understand why your brain-injured loved one can only remember certain kinds of information.

Sensory Memory

Sensory memories, such as remembering what chocolate tastes like, are stored in various sections of the brain. Each type of sense (taste, touch, sight, smell, sound) is stored in another part of the brain. Emotions associated with certain songs, events, images, etc. are stored in yet another part of the brain. Even sounds can be stored in different sections, as the brain separates language from other sounds. Depending on the part of the brain injured, certain types of memories may not be retrievable. (more…)

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Understanding Personal Injury Law in Brain Injury Cases

Friday, February 18th, 2011

Many people who have experienced a recent traumatic brain injury wonder if they have a case. After all, it is natural to wonder, “How did this happen?” When the causes of injury are obvious, such as in an auto accident, it is common to question the fairness of your plight.

No specific formula will tell you without a doubt that you have a claim. It is helpful to understand some of the factors your brain injury lawyer uses determine eligibility. Laws vary by state, so the following guidelines may be slightly different where you live.

You may be legally entitled to compensation if all of the following are true:

  1. Someone else is to blame for your traumatic brain injury (liability)
  2. There is a direct link between the other person’s action and your injury (causation)
  3. You encountered expenses because of your injury (damages)

Liability

Liability is listed first because you cannot sue yourself. Likewise, if your brain injury was unavoidable, sometimes called an “Act of God,” there is no one to pursue for damages. In these cases, you are not eligible for injury compensation. However, if someone else’s actions contributed to or worsened your injury, the court might hold that person legally accountable. (more…)

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Answering Your Questions about TBI

Thursday, February 17th, 2011

A traumatic brain injury (TBI) usually results from an accident, sports injury or fall. In some cases, the injured suffers an event that robs the brain of oxygen. A stroke can cause such an injury when a blood clot cuts off the supply of blood and the oxygen it carries. A brain injury can happen in just a moment, yet recovering from one can be a slow, arduous task.

What Should I Expect Immediately Following the Brain Injury?

The first 24 to 48 hours following a brain injury are critically important. Doctors take care not to make predictions about the outcome during this time because the patient’s state can change dramatically from one moment to the next. The treatment that saves one life may fail to help another. After the first 48 hours, the patient is in danger of brain swelling, which can cause additional damage or death. If swelling can be controlled during the first two weeks, the patient has a better chance for a positive outcome. (more…)

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What Are the Types of Damages Awarded in Traumatic Brain Injury Lawsuits?

Wednesday, February 16th, 2011

People involved in serious car accidents can suffer traumatic brain injuries. These injuries can cost hundreds of thousands of dollars in lost wages, medical bills and other expenses. The costs become especially problematic for those injured or disabled because of a negligent driver. The only way for these injured parties to recoup their expenses is by pursuing the at-fault driver.

Damages Awarded in Traumatic Brain Injury Lawsuits

The injured also have rights to recover other damages. An experienced lawyer that specializes in brain injury lawsuits is best equipped to help you recover everything owed to you. Many injury cases involve incidental damages to cover expenses that arose from the accident. They also commonly involve special damages, including lost wages and medical bills. An experienced brain injury attorney also knows best how to help you collect future, compensatory, and in cases of extreme negligence, punitive damages. (more…)

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