Acquired Brain Injury Lawyers

Brain injuries can be difficult to diagnose, and the distinction between an acquired brain injury (ABI) and a traumatic brain injury (TBI) can affect treatment, recovery, and long-term care. If your injury was caused by negligence, getting legal guidance early can help protect your rights and preserve important evidence.

For more than 46 years, the Brain Injury Law Center has focused exclusively on representing brain injury survivors and their families. With over $1 billion recovered in settlements and verdicts, our firm has the experience and resources to handle complex brain injury claims and pursue the compensation our clients need for medical care, lost income, and future support.

To speak with an experienced brain injury attorney about your acquired brain injury claim, call (757) 244-7000 or contact us online for a free consultation.

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“When the doctors explained that I had some slight but significant brain damage, my wife called the Brain Injury Law Center. Not only did he [Stephen Smith] pick up the phone, the number we called went directly to his cell phone. 

From that moment on, we knew we called the right guy. His professionalism and order-of-procedure ended up making the difference in court and ultimately making the difference in my quality of life moving forward. 

Stephen M. Smith and the Brain Injury Law Center were the only lawyers educated and sophisticated enough to try my case. I have no idea where I’d be today without them.”

— Tommy B., Client

What Is an Acquired Brain Injury?

An acquired brain injury (ABI) is any damage to the brain that occurs after birth and affects a person’s cognitive, physical, emotional, or behavioral functioning. Unlike congenital brain injuries, which are present at birth, acquired brain injuries develop as a result of trauma, medical conditions, or other external or internal events that disrupt normal brain function.

The term “acquired brain injury” is broad and includes both traumatic and non-traumatic injuries. This means an ABI may result from a sudden external force, such as a car accident or fall, or from internal medical events such as a stroke, lack of oxygen, infection, tumor, or toxic exposure.

The severity of an acquired brain injury can range from mild to catastrophic. Some people experience temporary symptoms and recover fully with treatment, while others suffer permanent impairments that affect memory, mobility, communication, emotional regulation, and independent living.

Because the brain controls nearly every function of the body, even a relatively localized injury can have widespread effects. Common areas impacted by ABI include:

• Cognitive function: Memory, concentration, reasoning, and decision-making
• Physical abilities: Balance, coordination, strength, and motor control
• Communication skills: Speaking, understanding language, reading, and writing
• Emotional regulation: Mood stability, impulse control, and stress management
• Behavioral functioning: Personality changes, social awareness, and interpersonal interactions

Early diagnosis and treatment are often critical to minimizing long-term damage and improving recovery outcomes. However, because symptoms of an acquired brain injury are not always immediately obvious, some cases may go undiagnosed or misdiagnosed, delaying necessary care.

Understanding what qualifies as an acquired brain injury is the first step in recognizing the differences between ABI and traumatic brain injury (TBI), and in determining the proper course of treatment and legal action when negligence is involved.

Definitions: Acquired Brain Injury vs. Traumatic Brain Injury

Here are the general definitions for ABIs vs. TBIs:

• Acquired Brain Injury (ABI) includes any brain damage not present at birth, caused by factors such as strokes, infections, or oxygen deprivation.
• Traumatic Brain Injury (TBI) is caused by external trauma to the head, like a blow or jolt, leading to disruptions in brain function.

Some acquired brain injuries may result from traumatic brain injuries, such as a stroke that results after a blow to the head. A lawyer who handles your injury case may bring in medical experts to prove a cause-and-effect line between the initial injury and the full damages you’ve suffered. Likewise, other forms of negligence could cause or worsen your condition, such as medical malpractice or misdiagnosis of your injury.

The Difference Between ABI vs. TBI

The key difference between these two injuries is that TBIs are specifically from physical trauma, while ABIs encompass a wider range of potential causes.

• Causes of ABIs may include internal forms of trauma such as strokes, infections, tumors, oxygen deprivation (hypoxia), and certain medical conditions like encephalitis or meningitis.
• Causes of TBIs come from external forces, traumas to the head such as a blow, bump, or jolt from an accident such as a car crash or sport collision. This force disrupts normal brain function.

Traumatic brain injuries may be more quickly discovered because the inciting event — a vehicle crash or fall, for example — often leads to a medical evaluation. The onset of ABIs may be slower and more subtle due to their invisible, internal causes.

Diagnostic Failures: TBI vs. ABI

Diagnostic failures in the context of TBI vs. ABI may cause you additional harm due to medical malpractice. Here's a breakdown of what it means for each:

• TBIs can vary widely in severity, symptoms, and outcomes, making them challenging to diagnose accurately, especially in cases of mild TBI (concussions). Symptoms of a TBI may not appear immediately after the injury, leading to delayed diagnosis or misdiagnosis. Mild TBIs can have subtle or transient symptoms that may be overlooked or attributed to other causes, resulting in diagnostic errors.
• ABIs have a wide range of invisible causes. The symptoms of ABIs can vary widely depending on the cause, location, and extent of brain damage, making it challenging to diagnose accurately without comprehensive assessments.

Overlapping symptoms could cause a critical failure in care. There is a danger that a TBI from a car or bike accident could mask the symptoms of an underlying ABI due to another cause, such as a tumor or stroke. 

Some symptoms of ABIs, such as cognitive impairments or behavioral changes, may overlap with symptoms of other neurological or psychiatric disorders, leading to diagnostic confusion.

Your medical team has a responsibility to conduct a thorough evaluation of your health if they suspect or have confirmation of a brain injury. A failure to accurately account for the difference between an ABI vs. a TBI could mean you have grounds to sue for negligence. Filing a lawsuit helps injured patients secure the funds necessary for proper treatment and recovery.

Types of Acquired Brain Injury

• Closed. This type of brain injury frequently occurs as a result of the rapid movement of the brain inside the cranial cavity and is marked by the bruising and/or tearing of blood vessels and tissues. More specifically, a closed brain injury is one in which the injuries are completely internal and do not penetrate the skull bone. Falls, car accidents, or any incident involving excessive shaking often causes closed brain injuries.
• Penetrating or Open. A penetrating brain injury, also called an open brain injury, is characterized by a break in the skull bone. Bullet wounds are a primary example of a penetrating brain injury.
• Diffuse Axonal. Commonly referred to as DAI, this type of injury involves the tearing of nerve fibers caused by the shifting and rotating of the brain inside the skull. DAI often causes injury to multiple areas of the brain and coma.
• Primary. This type of brain injury refers to one that is sudden but complete, meaning the injury is non-progressive. Examples of primary brain injuries include those sustained as a result of gunshot wounds, car accidents, and falls.
• Secondary. Unlike primary brain injuries, secondary brain injuries are those that continue to evolve or progress after the injury is sustained. These continued changes, which can be cellular, chemical, tissue, and/or blood-related, contribute to further brain damage.

ABI Treatment and Rehabilitation Programs

The vast majority of those who suffer from ABI require some kind of medical treatment. ABI treatment and rehabilitation generally has two goals with regard to the patient: to maximize cognitive functioning and to improve overall quality of life. 

Treatment and rehabilitation for acquired brain injury victims depends on various factors including the type of injury and its severity as well as patient health and family/community support. 

ABI treatment and rehabilitation programs are individualized based on a thorough assessment of these factors, but may include any of the following:

• Physical care, such as nutritional and medication needs;
• Pain management, like medication and other methods for alleviating the pain associated with ABI;
• Psychological care includes the administration of various tests to identify any behavioral and/or emotional problems as well as necessary counseling;
• Self-care skills, such as bathing, grooming, and feeding;
• Communication skills, like speech therapy and alternative modes of communication;
• Mobility skills may include wheelchair use or walking device;
• Socialization skills focuses on interactions with family and community;
• Cognitive skills to enhance memory, problem solving, concentration, and other areas of cognitive functioning affected by the injury;
• Vocational skills or work-related training; and
• Family support includes patient/family education and training on the numerous issues relevant to living with ABI.

If you or someone you love is suffering from an acquired brain injury caused by someone else’s negligence, you may have the right to pursue compensation for medical expenses, lost income, pain and suffering, and future care needs. 

Contact a brain injury lawyer today at (757) 244-7000 for a free case evaluation to learn more about your legal options.

Acquired Brain Injury Coma

In some severe cases of acquired brain injury (ABI), also referred to as traumatic brain injury (TBI), patients may lapse into a coma. A coma is an altered state of consciousness in which a patient is either completely unconscious and does not respond to any amount of stimulation or has a reduced consciousness and responds only to certain stimuli. 

The depth and time a patient is comatose depends on the location and seriousness of the acquired brain injury. While some patients wake up and fully recover from a coma, many will suffer significant life-long disabilities.

Measuring a Coma

In emergency and intensive care settings, the depth or severity of a coma is typically measured on the Glasgow coma scale (GCS), which evaluates eye, verbal, and motor responses on a scale from three to 15. A lower score indicates a lower level of consciousness and awareness.

In ABI treatment and rehabilitation settings, a coma is measured on a different scale, called the Rancho Los Amigos Levels of Cognitive Functioning Scale, that is used to determine the patient’s response level and ability to function. This scale is based on the patient’s reaction to his/her environment and outside stimuli and measures this reaction according to the following eight levels:

• Level I: Complete absence of any response to stimuli.
• Level II: General, mild response to pain or repeated stimuli.
• Level III: Response to stimuli is more localized (following a command), but is inconsistent and often delayed.
• Level IV: Heightened level of response, but patient is confused and agitated.
• Level V: Responses are more alert, but the patient is confused, non-purposeful, and usually inappropriate. Impaired memory.
• Level VI: Behaviors and response are purposeful, but direction is required. Improved memory.
• Level VII: Patient is performing daily tasks with little confusion, but actions seem “robot-like.” Problem solving, thinking, and judgment are still impaired.
• Level VIII: Memory and basic skills are highly improved, however, patients may still need to be supervised because of impaired cognitive abilities.

Causes and Consequences of Acquired Brain Injury

The effects of an acquired brain injury can vary significantly depending on the location and severity of the injury. Some symptoms may appear immediately after the injury, while others may take days or even weeks to develop. In mild cases, symptoms may improve with proper treatment and rest. 

However, moderate to severe brain injuries often create long-term complications that affect nearly every aspect of a person’s life.

Common mild symptoms of acquired brain injury include:

• Headaches
• Confusion
• Dizziness
• Fatigue
• Blurred vision
• Sleep disturbances
• Behavioral changes
• Memory difficulties

More serious consequences of acquired brain injury may include:

• Cognitive defects: Coma, amnesia, shortened attention span, impaired memory, and deficits in problem-solving, reasoning, and judgment.
• Motor and sensory complications: Weakness, paralysis, poor balance, reduced coordination, tremors, muscle spasticity, and difficulty swallowing.
• Perceptual and sensory defects: Changes in vision, hearing, touch, taste, and smell, as well as difficulty processing sensory information.
• Language and communication problems: Difficulty speaking, understanding language, reading, writing, or recognizing objects and people.
• Functional complications: Difficulty completing daily tasks such as bathing, dressing, cooking, driving, or maintaining personal hygiene without assistance.
• Social and psychiatric changes: Depression, anxiety, irritability, mood swings, reduced motivation, and difficulty interacting in social situations.
• Traumatic epilepsy: Approximately two to five percent of ABI victims experience seizures after the injury.
• Loss of independence: Severe brain injuries may prevent victims from living independently or managing their own finances, healthcare, and daily responsibilities.

Recovery from an acquired brain injury is often a long and difficult process. Many victims require extensive rehabilitation, including physical therapy, speech therapy, occupational therapy, and cognitive therapy. Even with treatment, some individuals never fully recover and may face permanent disabilities.

The financial costs associated with treating an acquired brain injury can be substantial. Medical care may involve emergency treatment, surgery, hospitalization, rehabilitation, prescription medications, assistive devices, and long-term care. In many cases, victims are unable to work during recovery or may lose their ability to return to their previous occupation altogether.

Beyond the financial burden, acquired brain injuries can place significant emotional stress on both victims and their families. Loved ones often take on caregiving responsibilities while coping with the uncertainty of recovery and major changes in the victim’s personality, behavior, and abilities. In severe cases, acquired brain injuries can result in permanent disability or death.

What Compensation Can You Recover for an Acquired Brain Injury?

When an acquired brain injury is caused by negligence, the injured person may be entitled to financial compensation for both economic and non-economic damages. Because brain injuries often involve long-term or permanent impairments, the value of a claim may be substantial.

Compensation in an acquired brain injury claim may include:

• Medical expenses: Emergency care, hospitalization, surgery, specialist appointments, medications, and ongoing treatment.
• Rehabilitation costs: Physical therapy, occupational therapy, speech therapy, cognitive rehabilitation, and psychological counseling.
• Lost wages: Income lost during recovery and treatment.
• Loss of future earning capacity: Compensation for reduced ability to work or permanent inability to return to employment.
• Long-term care expenses: In-home nursing care, assisted living, or other ongoing support services.
• Home and vehicle modifications: Costs associated with wheelchair ramps, accessible bathrooms, mobility equipment, or modified transportation.
• Pain and suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
• Loss of consortium: Damages for the impact the injury has on a spouse or family relationship.

In cases involving extreme negligence or misconduct, additional damages may also be available. Every acquired brain injury case is different, and the amount of compensation depends on the severity of the injury, the cost of treatment, and the long-term impact on the victim’s life.

How Do You File an Acquired Brain Injury Lawsuit?

Filing an acquired brain injury claim begins with identifying the cause of the injury and determining whether negligence played a role. This may involve reviewing medical records, accident reports, witness statements, and expert evaluations.

The general steps in filing an acquired brain injury claim include:

• Seek immediate medical treatment: Prompt diagnosis and treatment can protect your health and create important medical documentation.
• Preserve evidence: Medical records, photographs, accident reports, and communication records may all be important evidence.
• Determine liability: Identifying who caused or contributed to the injury is essential, whether it involves a negligent driver, healthcare provider, employer, or property owner.
• Calculate damages: A thorough evaluation of current and future damages helps ensure the claim reflects the full impact of the injury.
• File the claim within the legal deadline: Every state has a statute of limitations that limits how long you have to file.
• Negotiate or litigate: Many cases settle through negotiation, but some require filing a lawsuit and going to trial.

How Can a Brain Injury Attorney Help With an ABI Claim?

Acquired brain injury claims are often medically and legally complex. Unlike many other injuries, the full impact of an ABI may not be immediately apparent, and proving the long-term consequences often requires extensive medical documentation and expert analysis. 

Insurance companies may dispute the severity of the injury, argue that symptoms stem from another condition, or minimize the cost of future care.

A brain injury attorney can help by:

• Investigating the circumstances that caused the injury;
• Identifying all potentially liable parties;
• Collecting medical records and diagnostic evidence;
• Consulting with neurologists, rehabilitation specialists, and life-care planners;
• Documenting current and future medical expenses;
• Calculating lost wages and diminished earning capacity;
• Negotiating with insurance carriers; and
• Filing a lawsuit and presenting the case at trial, if necessary.

Strong legal representation can have a meaningful impact on the outcome of an acquired brain injury claim, particularly when the injury involves extensive medical treatment, rehabilitation, or permanent limitations. 

Data on personal injury claims shows that people who work with an attorney are more likely to recover compensation than those who handle claims on their own. An attorney can also help identify the full extent of damages, including future medical expenses, lost income, and long-term care needs, so important losses are not overlooked in settlement negotiations or litigation.

"The Brain Injury Law Center is the only law firm in the United States dedicated exclusively to representing brain injury victims, survivors and their families. I have dedicated both my personal and professional life to helping brain injury survivors and their families and other victims of catastrophic events."

— Stephen M. Smith, Founder of the Brain Injury Law Center

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