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Vehicle accidents account for almost 50% of all sustained brain injuries in the United States, and 5.3 million
Americans live with a disability due to brain injury. Anyone who may have suffered a brain injury should be
taken immediately to a hospital or emergency room for examination. Even momentary consciousness is a medical
emergency and brain damage can occur. Flora Templeton Stuart is a member of the
Brain Injury Association of Kentucky and is here to help.
The Law Firm of Flora Templeton Stuart represents persons who suffer damages
due to the negligence of another. We work hard to collect all the money our
clients deserve. Each case is different and the collection of damages is based
on many factors to include insurance coverage, the extent of your injury, and
the unique facts of your case.
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What is "traumatic brain injury"?
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A traumatic brain injury is the impairment of normal brain function due to a severe blow to the head, which
results in impairment of cognitive, emotional, and/or physical functioning. It is caused by external or internal
damages such as anoxia (lack of oxygen), stroke, disease, or tumor. It may result in impairment (mental and
physical) that can be temporary or permanent.
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What does the brain do?
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The brain is the center of our body's control system. One part of the brain controls our breathing, heart,
and circulation. Other parts of the brain control our vision, physical movement, memory, hearing, and emotions,
to name a few. The brain is our most vital organ and is involved in every aspect of our body's functioning.
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What are "open" and "closed" head injuries?
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An "open" head injury means the skull was either cracked or penetrated (such as from a bullet). A "closed" head
injury is one in which the skull is intact but the brain itself is bruised or injured. A "head injury" generally
refers to a traumatic force injury from an external source while a "brain injury" includes any injury to the brain
form external or internal causes.
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What is a stroke?
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Stroke is a "brain attack", cutting off vital supplies of blood and oxygen to the brain cells that control everything
we do - from speaking, to walking, to breathing. A stroke happens when an artery leading to or in the brain becomes
blocked or ruptures. These arteries can be clocked by blood clots (formed in the heart or elsewhere in the body) or
by the gradual build-up of plaque and other fatty deposits. Brain arteries can rupture when weak spots on the blood
vessel wall break. Roughly, one-third of stokes occur to individuals under the age of 65. For more information about
stroke, contact the National Stroke Association website.
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What is a coma?
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Coma is defined as a prolonged state of unconsciousness. A person in a coma does not respond to external stimuli.
There is no speech, the eyes are closed and the person cannot obey commands. Coma can last from hours to days,
depending on the severity of the brain damage. It is possible for a person to remain in a comatose state for months
even years. A person may eventually open his/her eyes, but if he/she remains unresponsive, the person could be in
what is termed a "vegative state".
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What is a seizure?
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These are electrical discharges in the brain that disturb normal brain function. They can involve changes in behavior
or consciousness. Roughly one-fourth of people with brain injuries also have seizure activity.
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What are the symptoms of a traumatic brain injury?
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The symptoms of brain injuries are extremely varied because of the multiple functions of the brain. Four general categories of symptoms are commonly recognized: Cognitive, Perceptual, Physical, and Behavioral and Emotional.
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Cognitive Symptoms include:
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Shortened attention span |
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Memory loss or impairment |
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Language deficits--difficulty expressing thoughts and understanding others, inappropriate word selection |
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Difficulty in processing information--decreased speed, accuracy, and consistency |
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Impaired decision making ability |
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Inability to shift mental tasks or to follow multi-step directions |
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Perceptual Symptoms include:
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Change in vision, hearing or sense of touch |
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Loss of sense of time and space and disorientation |
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Disorders of smell and taste |
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Altered sense of balance |
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Increased pain sensitivity |
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Physical Symptoms:
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Sleep disorders |
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Persistent headache |
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Sensitivity to light |
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Paralysis |
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Extreme mental and/or physical fatigue |
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Disorders of movement--tremors, seizure activity |
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Impaired motor control |
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Speech that is not clear due to poor control of the muscles in the lips, tongue and jaw and/or poor breathing patterns |
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Behavioral and Emotional Symptoms:
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Irritability and impatience |
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Reduced tolerance for stress |
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Dependence--failure to assume responsibility for one's actions |
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Denial of disability |
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Inflexibility |
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Lack of inhibition--may result in aggression, cursing and inappropriate sexual behavior |
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IFlattened or heightened emotional responses--reactive or unresponsive |
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How do I prove the existence and seriousness of my particular brain injury symptoms?
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Each symptom must be recorded and explained as completely as possible; full and accurate documentation will prove
vital to the success of your claim. It is helpful to utilize various brain imaging technologies, particularly
computerized topography scans (CT-Scans) and magnetic resonance imaging (MRI) to gain important information about
the current condition of your brain. In some cases an emergency CT-Scan will be ordered by a doctor to rule out
the possibility of a large mass lesion in the brain that would require immediate surgical evacuation. There is also
a process known as neuropsychological testing that taps into the functioning of the brain and seeks to identify
the origin of malfunction. A clinical psychologist, specially trained in this process, is capable of rendering
professional opinions about the degree of your impairment within each brain function impacted by your injury.
A neuropsychologist can determine how and to what extent your ability to calculate (an important function) has
been diminished by your head injury.
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How should I select the experts to assist me in proving my claim?
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It is critical that you have the assistance of experienced traumatic brain injury attorneys who have significant
expertise and success in the presentation of brain injury claims. Traumatic brain injury lawyers know the best
experts to evaluate and validate your claim, assisting in the successful recovery of damages. Often medical
experts who initially diagnose and treat brain injury are quite different from the experts necessary to prove
the nature and extent of your impairment over the rest of your life. The initial treating professionals will be
critically important in proving the circumstances of your injury and its immediate treatment, but they may not
have the skills to precisely measure your emotional state, memory loss, or muscular weakness. A different team
of traumatic brain injury experts comes into play when each of your permanent symptoms must be converted into
meaningful and persuasive testimony. Experts in physical and vocational rehabilitation are needed to explain
your future needs and limitations. Clinical psychologists - armed with test results and counseling records -
are required. Each of the experts who present your case must be selected for their skills in aiding your
recovery and articulating your limitations and disabilities.
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Flora Templeton Stuart has practiced injury law for over 27 years and is a member of American Trial Lawyers
Association, Kentucky Trial Lawyers Association, and the Brain Injury Association of Kentucky where she has
attended seminars throughout the country on traumatic brain injury. Ms. Stuart has handled many cases where her
clients have sustained traumatic brain injury and other traumatic injuries from vehicle collisions.
Flora Templeton Stuart is ready to assist you with your claim.
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| Important Traumatic Brain Injury Links and Phone Numbers |
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