Can a Minnesota Personal Injury Attorney Help Brain Injury Victims?

Disabling head injuries are not limited to football players. In fact, over five million Americans live with such injuries. Another party’s negligence, whether it be a sports group or an individual, usually causes these injuries.

As victims struggle to recover from these wounds, insurance companies often pressure them relentlessly to settle their claims. Adjusters know that these victims are experiencing severe financial distress. So, it’s often tempting to take the settlement offer. But victims cannot possibly know if the offers are fair.

As outlined below, a Minnesota personal injury attorney addresses both these concerns. So, victims can focus on their recoveries.

Brain Injury Causes

Motor vehicle collisions cause most brain injuries in Minnesota. These incidents often combine all three common head injury causes, which are:

  • Trauma: Even the most advanced restraint systems cannot absorb all the force in a high-speed car crash. So, victims often slam their heads on solid objects.
  • Motion: The brain does not fit snugly inside the skull. Instead, the brain is suspended in a deep pool of cerebrospinal fluid. Therefore, when victims’ heads violently move backward and forward during crashes, their brains repeatedly slam against the insides of their skulls.
  • Noise: Most witnesses say that car crashes sound like explosions. These sudden loud noises trigger shockwaves which disrupt brain functions.

Frequently, car crash head injury victims do not feel injured. The brain usually masks its own wounds. That’s why the aforementioned concussed athletes often ask their coaches to put them back in the game because they “feel fine.” So, it’s always important to go to a car crash injury specialist. Otherwise, a serious head injury might go untreated.

Falls are another leading cause of brain injuries. These incidents could cause a motion or trauma-related brain injury. And, most fall victims have no protective gear to lessen the blow.

Assaults also cause a number of head wounds. If inadequate security, like a burned-out security light or an inadequate security system, contributed to the assault, the landowner might be responsible for damages. That’s assuming the landowner had a legal duty to protect the victim and the landowner knew about the problem.

Minnesota Personal Injury Lawyers and Short-Term Help

As mentioned, immediate medical assistance is critical in head injury cases. If the damage spreads and symptoms become worse, these wounds are much more difficult to treat.

Unfortunately, head injuries are among the most commonly misdiagnosed medical conditions. Many victims do not experience signature symptoms, like unconsciousness or nausea. When patients report lesser symptoms, such as soreness or confusion, doctors often dismiss these symptoms as shock from the incident. That’s especially true in car crash cases.

Therefore, a Minnesota personal injury lawyer does not just connect a victim with a doctor. This doctor is usually an injury specialist who knows how to diagnose and treat head injuries.

There’s more. At this point, many victims are out of work. And, head injury medical bills often exceed $100,000. Most families do not have the resources to pay these costs.

So, a Minnesota personal injury lawyer typically sends a letter of protection to the medical provider. This letter guarantees payment when the case is resolved. Thus, the provider charges nothing upfront. Prior to the case’s resolution, Minnesota personal injury lawyers typically negotiate with providers and lower the medical bills. That could mean the victim gets to keep more of the settlement money.

Long-Term Assistance

Medical treatment is not just important for the victim’s health. It’s also an important evidence-collection tool. In addition to diagnosis and treatment information, most medical records contain notes about the patient’s pain level and general attitude. Since victim/plaintiffs have the burden of proof in negligence cases, Minnesota personal injury lawyers must collect as much evidence as possible.

Additional witness statements are often important as well. Many head injury victims cannot give testimony in court, either because they did not survive the injury or they do not remember it. Minnesota personal injury lawyers, often working with private investigators, know how to reach out to witnesses who may have seen something.

Strong, evidence-based claims frequently settle out of court. So, victims need not go to trial to obtain compensation for their economic losses, such as medical bills, and their noneconomic losses, such as pain and suffering.

Contact a Diligent Attorney

Head injury victims are usually entitled to substantial compensation. For a free consultation with an experienced Minnesota personal injury lawyer, contact Carlson & Jones, P.A. You have a limited amount of time to act.

Brain Injury Causes, Brain Injury Solutions, and Brainerd, MN Accident Lawyers

Each year, Traumatic Brain Injuries send nearly three million Americans to hospital emergency rooms. Almost a third of these victims are children. Many other people seek treatment for Acquired Brain Injuries which spring from conditions like heart disease.

Head injuries are degenerative. Without prompt and proper treatment, initial symptoms, such as nausea and tinnitus (ringing in the ears) give way to more severe symtoms, such as chronic severe headaches and personality changes. Eventually, TBIs cause dementia-like symptoms. These injuries also cause or contribute to roughly 50,000 American fatalities per year.

Furthermore, TBIs are permanent. Someday soon, doctors may be able to use stem cells and other advanced methods to reverse brain injuries. But for the foreseeable future, managing the symptoms is the only available option.

Due to the nature and severity of these injuries, Brainerd, MN accident lawyers may be able to obtain substantial compensation for these victims. This compensation usually includes money for economic losses, such as medical bills, as well as noneconomic losses, such as pain and suffering.

What Causes TBIs?

Car crashes cause most of the TBIs in Minnesota. These incidents combine all three major brain injury causes, which are:

  • Trauma Wounds: Even the most advanced restraint systems can only absorb a certain amount of force. So, occupants’ heads often slam into solid objects, especially during high-speed crashes. Furthermore, when vehicles crash and stop suddenly, small objects inside the passenger area, such as cell phones, keep moving at the same speed. In other words, these objects become high-speed missiles that frequently hit victims’ heads.
  • Violent Motion: Brains do not fit snugly inside skulls. Rather, the skull is like a water tank that suspends the brain in cerebrospinal fluid. So, the sudden motion of a car wreck causes the brain to repeatedly slam against the inside of the skull.
  • Loud Noise: Witnesses often say that car crashes sound like explosions. These sudden loud noises create shock waves that disrupt brain functions. So, even if the victim suffers no serious trauma injuries, a car crash victim probably has a brain injury.

Vehicle collision TBIs are very difficult to diagnose, largely because not all head injury victims have the same symptoms. As a result, doctors often misdiagnose brain injury symptoms as shock or soreness from the accident or even early-onset dementia.

To obtain compensation in car crash claims, Brainerd, MN accident lawyers usually rely on ordinary negligence or negligence per se. Ordinary negligence is a lack of reasonable care, and negligence per se is a violation of a safety statute.

Alcohol is a good illustration of the difference between these two concepts. If the tortfeasor (negligent driver) was legally intoxicated, the negligence per se doctrine usually applies. Generally, tortfeasors who violate safety laws and cause accidents are responsible for damages as a matter of law.

But, drivers are impaired before they are intoxicated. In fact, alcohol impairment begins with the first drink. In these cases, Brainerd, MN accident lawyers may use circumstantial evidence to establish a lack of care. Such evidence includes erratic driving, bloodshot eyes, and an odor of alcohol.

Additionally, the tortfeasor may not be the only party responsible for car crash damages. Some common vicarious liability theories include respondeat superior employer liability, dram shop alcohol provider liability, and negligent entrustment owner liability.

Other major TBI causes include falls and assaults. These incidents often involve two of the three aforementioned brain injury causes. Property owners are usually responsible for fall and assault-related injuries, if the owners knew about the hazardous condition and the owner owed a legal duty to the victim.

How Do Brainerd, MN Accident Lawyers Help VIctims Recover?

To reduce brain injury symptoms, most doctors use a combination of surgery and therapy. Surgery keeps the injury from getting worse. Doctors can stop brain bleeding and reduce brain swelling. Physical therapy usually improves brain injury symptoms, but the road is long and winding.

Brain injury therapy is quite unlike broken bone or other physical therapy. Brain injury therapists must train uninjured areas of the brain to assume lost functions. As a result, progress comes in fits and starts.

Brainerd, MN accident lawyers play a critical role in this process. If victims show no physical therapy progress for a few months, or even a few weeks, stingy insurance companies often try to cut off funding. If that happens, the victim may never fully recover.

So, attorneys do not just advocate for victims in the courtroom, as outlined above. Brainerd, MN accident lawyers also help ensure that victims remain in physical therapy until they reach MMI (Maximum Medical Improvement).

Connect with a Tough Attorney

Serious brain injury victims need aggressive representation throughout the process. For a free consultation with an experienced Brainerd, MN accident lawyer, contact Carlson & Jones, P.A. Home and hospital visits are available.

A Brainerd Attorney Looks at the Medical and Legal Aspects of a Traumatic Brain Injury

The number of TBI-induced emergency room visits has increased 54 percent since 2006. This increase does not include the substantial number of Acquired Brain Injuries. Chronic medical conditions, such as cancer, along with prolonged alcohol or drug poisoning, causes most ABIs.

Initially, most TBI victims experience symptoms like unconsciousness and vomiting. Without immediate and effective treatment, these symptoms soon lead to things like chronic severe headaches, tinnitus (ringing in the ears), and temporary personality changes. Later, these personality changes become permanent. Other long-term symptoms include dementia and loss of mobility.

Later symptoms like these are one of the main reasons that TBIs are some of the most expensive personal injuries, in terms of medical bills and lost wages. So, a Brainerd attorney works hard to obtain compensation in these cases.

Medical Issues in TBI Cases

As mentioned, the number of ER visits has increased significantly over the past ten years. Yet many of these victims do not get the treatment they need at the hospital. As a result, their injuries get worse instead of better.

Not everyone experiences the same signature symptoms. Many victims are dazed instead of completely unconscious. Other victims experience nausea, but they do not vomit. As a result, many doctors misdiagnose TBIs as shock from the vehicle collision or early-onset dementia symptoms.

Furthermore, despite the large body of research to the contrary, many doctors do not believe that TBIs are physical problems. Instead, they mistakenly believe that rest and hydration will “cure” this injury.

A Brainerd attorney usually cannot help with the direct aspects of medical treatment. However, a lawyer can arrange for victims to receive treatment from brain injury specialists. These professionals know the many signs of a TBI. More importantly, they fully understand the serious nature of this injury.

TBIs are permanent. Once brain cells die, they never regenerate. However, surgery to reduce swelling and extended physical therapy usually all but eliminates the symptoms over time. So, early treatment is essential.

There is more good news. Your Brainerd attorney sends a letter of protection to the medical provider. This letter guarantees payment when the case is resolved. So, victims pay nothing upfront to receive top-notch medical treatment.

Attorneys send letters of protection to other injury-related providers as well, such as vehicle rental companies and body shops.

How a Brainerd Attorney Evaluates Your Legal Claim

Car crashes cause most of the Traumatic Brain Injuries in Minnesota. These incidents combine all three major TBI causes, which are:

  • Trauma: When the skull cracks, jagged fragments often push into brain matter. This trauma injury causes permanent damage.
  • Motion: The brain does not fit snugly against the skull. Instead, the skull is basically a water tank which holds fluid that suspends the brain in space. The violent motion of a car crash causes the brain to slam against the insides of the skull.
  • Noise: Explosive blasts and other sudden loud noises release shock waves which disrupt brain functions, in much the same way as an Electromagnetic Pulse disables electronic devices.

Vehicle collisions are usually not unavoidable accidents. Instead, a lack of statutory or ordinary care causes most of these incidents. Either one of these things could mean compensation in court.

Distracted driving is a good illustration. In Minnesota, it is illegal to talk or text on a cell phone while driving. Drivers who do so may be liable for damages as a matter of law if they cause car crashes. Other cell phone-related behavior, such as watching a video or surfing the web, is not illegal but still clearly distracting. If the behavior constituted a lack of ordinary care, liability may attach.

Falls cause almost as many TBIs as vehicle collisions. Car crash victims have steel cages and multiple restraint layers to protect them, but fall victims have none of these advantages. Legally, when victims slip and fall on wet spots, uneven stair steps, and other property hazards, they are entitled to damages if:

  • Legal Duty: In Minnesota, most fall victims are invitees. These people have an express or implied invitation from the landowner, and they provide a tangible or intangible benefit. In these cases, landowners have a duty of reasonable care, which is one of the highest duties in Minnesota.
  • Knowledge of Defect: Additionally, the victim/plaintiff must establish knowledge. This proof could be direct evidence of actual knowledge, or circumstantial evidence of constructive knowledge (should have known). This circumstantial evidence usually involves the time-notice rule. The degree of knowledge is linked to the amount of time the hazard existed.

These same rules often apply in assault TBIs. If a defective property condition, such as a burned-out safety light or a lack of security, substantially caused the incident, the owner is responsible for damages.

Contact an Assertive Lawyer

Brain injury victims may be entitled to substantial compensation. For a free consultation with an experienced Brainerd attorney, contact Carlson & Jones, P.A. We have several area office locations.

Did Wild West Gunfighter Clay Allison Have a Brain Injury?

Roughly two hundred and forty years ago this month, two of the most famous gunslingers in the West, Clay Allison and Wyatt Earp, supposedly confronted one another in a Dodge City saloon. Earp later claimed that Allison backed down, but that assertion has never been proven.

What is known is that Allison was one of the most violent men in a very violent time. Previously, in 1874, Allison dined with notorious gunman Chunk Coleman before shooting him in the head in a New Mexico hotel. When someone asked Allison why he had supper with the man before murdering him, Allison cooly explained that he “didn’t want to send a man to hell on an empty stomach.” A year later, Allison played a role in a lynching. Afterward, he dragged the corpse through the rough brushes and rocks of the New Mexico wilderness.

Allison married a short time later, and family life seemed to have calmed him. Nevertheless, his erratic behavior continued. On one occasion, a local dentist accidentally worked on the wrong tooth. Allison tracked him down, pinned him to the floor, and pulled out one of the man’s teeth with a pair of pliers.

A wagon accident killed Allison in Texas in 1887. His tombstone includes the very questionable assertion that he was a “gunfighter and a gentleman” that “never killed a man who did not need killing.”

Before all these things happened, the Confederate Army gave Allison a medical discharge because of a “partly epileptic and partly maniacal” condition. Historians speculate that Allison suffered a brain injury in early childhood. That would explain both his discharge and his rather checked Old West activities.

Brain Injury Causes

Traumatic Brain Injuries send millions of people to hospital emergency rooms every year. Unfortunately, doctors send a significant number of these victims home without giving them proper medical treatment. Head injuries do not cause visible bleeding or swelling, and they may not be very painful. Therefore, doctors often misdiagnose head injuries as shock from the incident or even early-onset dementia.

Another reason for this confusion is that brain injuries have a number of different causes. Most f them are not even physical injuries in the traditional sense of the word. The three most common head injury causes are:

  • Trauma: Even though the skull is very thick, it does not take much physical force to cause a brain injury. Brainerd, MN injury lawyers often deal with these wounds in car crashes and serious falls. As outlined below, trauma brain injury treatment requires several different approaches.
  • Motion: A person can scramble an egg just by shaking it. It’s not necessary to crack the shell. A brain injury can occur the same way. Violent motion, like whiplash n a car crash, often scrambles the brain without breaking the skull.
  • Sudden Loud Noise: Explosive blasts and other sudden loud noises trigger shock waves which disrupt brain functions. These shock waves have made TBIs the “signature wound” of the Iraq and Afganistan Wars, according to many doctors. Many witnesses say that the noise of a car crash sounds like an explosion, so it may have the same effect on the brain.

Brain injury symptoms vary almost as much as the causes. Initially, most people suffer a loss of consciousness. That could be complete incapacitation or a dazed feeling. Different people react differently to different causes. Soon afterward, victims begin experiencing tinnitus (ringing in the ears), headaches, and like Allison, personality changes. Eventually, if the injury is not properly treated, victims experience dementia-like symptoms and even death.

Damages in a brain injury case typically include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some cases.

Brainerd, MN Injury Lawyers and Brain Injury Treatments

The financial compensation which Brainerd, MN injury attorneys help deliver does more than bring justice to victims. It also gives them the financial resources they need to obtain the treatment they need.

In trauma brain injury situations, this treatment often includes emergency surgery. Doctors must act quickly to relieve brain bleeding and swelling.

In all situations, brain injuries require extensive physical therapy. The therapist has a big job. Brain injury therapists must train uninjured parts of the brain to take over any lost functions. That’s because brain injuries are always permanent. Once brain cells die, they never regenerate. Additionally, the permanent nature of these injuries make the road to recovery a long and winding one. Progress usually takes place in fits and starts.

Contact a Tenacious Attorney

A serious brain injury has lifelong effects. For a free consultation with an experienced Brainerd, MN injury lawyer, contact Carlson & Jones, P.A. You have a limited amount of time to act.

How Do Buffalo Injury Lawyers Deal with PTSD?

Combat stress is the number one cause of Post Traumatic Stress Disorder. Extreme stress, like being in a battle, destroys part of the cerebral cortex. That erosion creates a chemical imbalance in the brain which causes the symptoms listed below.

That finding, which has changed the way doctors approach PTSD, is just part of the new research into this type of brain injury. In the early 2000s, researchers discovered a link between financial stress and PTSD.

So, returning war veterans are not the only people who must deal with PTSD. Ordinary Minnesotans may experience this brain injury as well. If a lack of care caused this injury, as it often does, a Buffalo injury lawyer can obtain the compensation victims need to put their lives back together.

What Causes Injury-Related PTSD?

Typically, all unintentional injuries may cause Acute Financial Stress (AFS), which is the medical term for PTSD that’s related to money problems. Car crashes and other such injuries usually cause massive financial stress. When medical providers demand payment, the victim is usually still not able to work, so there is no money to pay these bills.

However, AFS is usually not a foreseeable result of a car crash. This type of PTSD is like a victim going to a hospital and a doctor making a medical mistake. Technically, the wreck and malpractice are related, but the connection is too indirect.

Car crash-induced PTSD, on the other hand, is a different matter. After a serious wreck, many victims endure nightmares and flashbacks. Heightened awareness and avoidance are both common as well. A speeding car is a threat instead of an annoyance, and many car crash survivors avoid the intersection or part of town where the accident occurred.

Dog bites often cause PTSD, perhaps because they are closely related to combat wounds. These injuries are especially common among child victims. Other types of unintentional injuries, such as falls, might cause PTSD as well.

PTSD Symptoms

Everyone suffers from emotional distress after an accident. Generally, this distress has physical symptoms, like tremors or nausea. Such distress is a standard component of the noneconomic damages that a Buffalo injury lawyer commonly obtains in these cases.

Prolonged or intense emotional distress, however, is not normal. So, if your emotional symptoms persist for more than a few days, or if the symptoms intensify, you may have an undiagnosed brain injury that is causing PTSD symptoms. Talk to your doctor or Buffalo injury lawyer straightaway. If the brain injury is not treated, the symptoms will get worse.

These symptoms are remarkably consistent in different victims. Roughly five hundred years ago, William Shakespeare aptly described some PTSD symptoms in this passage from Henry IV, Part 1:

O my good lord, why are you thus alone? For what offense have I this fortnight been a banished woman from my Harry’s bed? Tell me, sweet lord, what is ‘t that takes from thee thy stomach, pleasure, and thy golden sleep? Why dost thou bend thine eyes upon the earth, and start so often when thou sit’st alone? Why hast thou lost the fresh blood in thy cheeks and given my treasures and my rights of thee to thick-eyed musing and curst melancholy? In thy faint slumbers, I by thee have watched, and heard thee murmur tales of iron wars.

To many PTSD victims and Buffalo injury lawyers, this passage is one of the most chilling ones in all of the Bard’s works. In speaking to her husband Hotspur, who has recently returned from a war, Lady Percy mentions isolation (why are you thus alone), unreasonable anger toward family members (a banished woman from my Harry’s bed), lack of interest in formerly pleasurable activities, sleeplessness, depression, and other common PTSD symptoms.

PTSD Treatment

Brain injuries are permanent, because dead cerebral cortex cells, and other brain cells, never regenerate. One day soon, stem cell therapy and other emerging treatments may change that outcome, but that day may still be decades away.

PTSD has no cure, but there are treatments available. In some cases, especially if there is any brain bleeding, doctors may perform surgery to relieve the pressure on the brain. But in most cases, PTSD treatment involves physical therapy.

This therapy is different. If a victim breaks an arm, a physical therapist must strengthen the arm muscles once the bone heals. But when victims break their brains, therapists must teach uninjured portions of the brain to assume the lost functions. Such an approach requires a highly-specialized therapist. Additionally, both the therapist and victim must be very patient, because progress usually comes in fits and starts.

Buffalo injury lawyers can connect victims with the therapists they need, and also obtain the compensation they need to get that therapy.

Connect with an Experienced Attorney

Injury accidents often cause PTSD. For a free consultation with an experienced Buffalo injury lawyer, contact Carlson & Jones, P.A. We do not charge upfront legal fees in negligence cases.

Three Most Common Head Injury Causes

Every year, almost three million Americans go to hospital emergency rooms following serious head injuries. Traumatic Brain Injuries are a factor in about a third of the unintentional deaths in the United States. Despite the severity of these injuries, many people do not get the medical help they need right away.

TBIs are rather difficult to diagnose. Many people do not lose consciousness, vomit, or have other signature symptoms. Doctors often mistake the other symptoms, such as confusion, with either trauma from the injury or early-onset dementia. Furthermore, the brain is very adept at hiding its own injury. So, many TBI victims “feel fine” and do not press the doctor for treatment.

These facts often make a serious injury even more serious. As a result, a Brainerd personal injury attorney may be able to obtain significant compensation for these victims. This compensation usually includes money for economic damages, such as medical bills, as well as noneconomic damages, such as pain and suffering. Additional punitive damages may also be available, in some cases.

Understanding the common causes of these injuries makes it easier for victims to get the medical care they need. This prompt medical care also increases the financial compensation that’s available later.


The aforementioned misdiagnosis issues are especially acute in slip-and-fall and other head trauma injuries. Such trauma injuries account for a large portion of the TBIs in Crow Wing County.

Most emergency responders easily identify trauma injuries, due to bleeding and swelling. But head trauma injuries do not display these symptoms. The skull hides internal bleeding and also compresses the brain. So, there is no visible injury. As a result, brain bleeding and swelling often go undetected.

Ordinarily, trauma injuries heal, given sufficient time and medical attention. But head trauma injuries are permanent. Once brain cells die, they never regenerate. It’s only possible to alleviate the symptoms. Doctors can perform surgery to stop the bleeding and reduce the swelling. Later, a physical therapist can work with a victim so that uninjured parts of the brain take over the lost functions. But these processes are long, difficult, and expensive.


Most people know that it’s possible to scramble an egg just by shaking it. In many ways, the human head is a lot like an egg. Sudden, violent motion causes the brain to smash against the inside of the skull. So, this motion almost literally scrambles the brain in the same way that it scrambles an egg.

These motion-related head injuries are especially common in car crash cases, mostly because of the whiplash effect. When a fast-moving car hits a solid object, the occupants in the car continue moving forward at the same speed. As a result, their necks usually surge forward then snap back, much like the cracking of a whip.

Whiplash is a soft tissue injury. It normally does not show up on cat scans, X-rays, and other diagnostic tests. Doctors must diagnose whiplash according to the symptoms, and as mentioned above, that’s difficult to do.

Fortunately, a Brainerd personal injury attorney can connect head injury victims with experienced accident physicians. These professionals know how to spot conditions like whiplash. They also know how to treat these injuries. Typically, these individuals charge nothing upfront for their services. So, a Brainerd personal injury attorney ensures that victims get the treatment they need, and not just the treatment they can afford.

Sudden Loud Noise

Many of these head injury practitioners say that a TBI is the “signature injury” of the Iraq and Afghanistan Wars. A disproportionate number of veterans come home with these kinds of injuries. That’s probably because of the prevalence of explosive blasts in these conflicts.

Researchers have recently learned that explosive blasts produce shock waves which are basically biological Electromagnetic Pulses. Normal EMPs shut down electronic devices, and biological EMPs disrupt brain functions.

Here is Minnesota, truck accidents cause many EMP-related brain injuries. Witnesses often describe the noise of these crashes as like explosions. Additionally, many of these crashes involve fireball explosions. These vehicles often carry hundreds of gallons of diesel fuel, a concoction which is much more volatile than gasoline.

Truck accidents are usually legally complex for several reasons. These incidents often involve the respondeat superior rule. According to this legal doctrine, a shipping company or other large truck owner is responsible for the damages a driver negligently causes. Additionally, many truck drivers have licenses in several different states. So, it’s difficult to accurately assess the tortfeasor’s driving record.

Respondeat superior and driving record are directly relevant to the amount of compensation a Brainerd personal injury attorney can obtain in these cases.

Reach Out to Assertive Lawyers

Serious brain injuries come in many shapes and sizes. For a free consultation with an experienced Brainerd personal injury attorney, contact Carlson & Jones, P.A. Home and hospital visits are available.

How Do Brainerd Personal Injury Lawyers Help Brain Injury Victims?

Brain injuries lead to more than 2.8 million emergency room visits a year. Even seemingly minor head injuries usually cause hematomas. After a bump on the head, the injured area swells. The skull is to thick that the swollen matter cannot expand, so it remains in place and creates pressure on other parts of the brain. The combination of direct and indirect damage is a factor in about a third of all the injury-related deaths in the United States.

Since so much is at stake, compensation in brain injury cases is usually substantial. Brainerd personal injury lawyers can obtain compensatory damages for both economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some cases.

What Causes Brain Injuries?

Head trauma is not the only cause of brain injuries. Research also clearly shows that sudden loud noises may cause these injuries as well. These noises produce shock waves that disrupt brain functions.

Car crashes often involve both trauma and loud noises, so vehicle collisions are the leading cause of brain injuries. Seatbelts and airbags usually absorb much of the impact during car crashes. But these devices can only handle so much force. Furthermore, these gadgets are not really designed to prevent head injuries. Especially in partial front or rear-end collisions, the head and neck are subject to tremendous force. For example, the victim’s head normally slams into the head restraint immediately after a collision.

Most high-speed car crashes also involve sudden loud noises. Many times, witnesses say the sound was like an explosive blast. When scientists studied IED blast victims in Iraq and Afghanistan, they identified the aforementioned shock waves.

Falls often cause head injuries as well. Once the brain begins swelling, a serious brain injury is practically inevitable. It’s like placing a balloon inside a football helmet and then blowing up the balloon. The plastic can only stretch so far before it rips apart.

Diagnosing Head Injuries

The nature of the injury and the nature of most victims makes these injuries difficult to diagnose. Between 2007 and 2013, head injury incidents increased 47 percent but hospitalization rates decreased by 2.5 percent. In other words, more people are sustaining head injuries and many doctors simply send them home.

Many people sustain head injuries and do not even know it. The brain hides its own injuries very well. THat’s the reason concussed athletes tell coaches they “feel fine.” Adrenaline plays a role here as well. Immediately after a trauma injury, adrenaline basically acts as a natural painkiller. Once this effect wears off, the pain sets in. That pain usually includes headaches, tinnitus (ringing in the ears), and other similar symptoms. On a related note, not all brain injury victims experience the same symptoms. For example, these victims may or may not completely lose consciousness.

However, even at that point, many head injury victims do not get the treatment they need. Many doctors dismiss these symptoms as shock from the incident. Later, when other symptoms develop, doctors may correctly diagnose these injuries. Subsequent symptoms include trouble sleeping and personality changes. Unfortunately, by this time, the damage is often extensive. Recovery is therefore more difficult, as outlined below.

Given these difficulties, it’s important to partner with a Brainerd personal injury lawyer early in the process. Attorneys can connect victims with injury doctors who immediately recognize the symptoms of a brain injury. Prompt diagnosis means better treatment and a faster recovery.

Head Injury Treatment and Brainerd Personal Injury Lawyers

Brain injuries are permanent. When brain cells die, they never regenerate. However, surgery and extensive physical therapy can address the symptoms.

That surgery usually involves relieving the exploding pressure on the brain. This type of procedure is obviously quite delicate and only highly trained and experienced doctors should attempt it. Otherwise, the surgery may just make the problem worse.

Most brain injury recovery takes place during physical therapy. Studies consistently show that the longer this therapy lasts, the more progress victims make. Brain injury physical therapy is really about training uninjured areas of the brain to take over the lost functions. The more practice the victim gets, the better the results. But progress is not always a straight, upward line. There are good weeks and bad weeks. After a brief string of bad weeks, insurance companies often try to pull the financial plug. An aggressive Brainerd personal injury lawyer can fight for the victim and make sure the money keeps flowing. That’s the best way, and maybe only way, for victims to get the help they need.

As an added bonus, most injury doctors and physical therapists delay their fees until the negligence case is resolved. In court, victims usually have multiple legal options in terms of establishing liability for damages.

Contact Tenacious Attorneys

Brain injuries are bad news. For a free consultation with an experienced Brainerd personal injury lawyer, contact Carlson & Jones, P.A. Home and hospital visits are available.


Each year in the United States, about 1.7 million hospitalizations and even deaths occur due to brain injuries. You can easily suffer a traumatic brain injury in a car accident if another driver was negligent behind the wheel.

For instance, perhaps your fellow motorist in Minnesota was texting while driving or was speeding. In this situation, he or she might be held responsible for your injury. This liability may prove important if you hope to pursue compensation for the long-term repercussions an injury to the brain can have.

Closed and open injuries

Closed head injuries do not involve fractures, but your brain could be in jeopardy if it begins to swell due to the impact of the car collision. In addition, hazardous blood clots may form inside of your skull.

Open head injuries occur when your skull fractures due to striking a hard object or surface. If severe enough, both closed and open head injuries may cause you to lose consciousness or experience paralysis. Death is even a possibility.

What signs should I watch for?

Following your motor vehicle wreck, determining whether you have suffered a brain injury can be challenging. However, certain signs may point to this type of injury, such as:

  • Weakness on a side of your body
  • Nausea
  • Unusual sluggishness
  • Severe headache
  • Trouble recalling recent events

If you have experienced any of these symptoms, seeking medical attention right away is critical. Even if you may feel fine overall, you might still have developed a brain injury.

What are my rights following an injury accident?

A brain injury can lead to financial burdens due to your having to go to the doctor for evaluation and treatment. In addition, this type of injury may prevent you from being able to return to work right away, which could potentially worsen your financial situation. Brain injuries can also be difficult to deal with from an emotional standpoint along with a physical one due to the symptoms you are forced to endure on a daily basis following the wreck.

If you suffered a traumatic injury to the brain because the driver who caused your accident was being careless, it is within your rights to seek compensation. Monetary compensation cannot undo the events leading to the accident, but it may help you to more easily move forward from the potentially life-changing ordeal. Therefore, you may wish to explore your legal options for possibly pursuing recompense.

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Minnetonka Lawyers

3911 Ridgedale Dr, Suite 404E
Minnetonka, MN 55305

Toll Free: (877) 344-1555
Phone: (952) 260-9640
Fax: 763-682-3330

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