Articles Posted in Brain Injuries

The Brain Injury Association of America (BIAA) defines a Traumatic Brain Injury (a.k.a TBI) as “an alteration in brain function, or other evidence of brain pathology, caused by an external force.” Anyone can fall victim to a traumatic brain injury at any time. Our team of Miami personal injury attorneys have heard of people suffering TBIs in car accidents, motorcycle wrecks, truck accidents, and many other preventable accidents. The consequences can be devastating and life altering.

Living with a Traumatic Brain Injury

Adequately funding the treatment for a traumatic brain injury victim can be extremely difficult because of increased need of medication, rehabilitation, post-injury checkups, and potentially dedicated at-home care.

Over the last few years, the dispute regarding the effect of concussions on players in the National Football League has intensified, resulting in increased scrutiny of the manner in which NFL officials handled the situation. In August, ESPN withdrew its support for a documentary entitled “League of Denial,” investigating the NFL’s handling of the concussion crisis among its players.

ESPN claimed that its decision to end collaboration on the project with Frontline, a PBS series, was the result of its realization that it did not have editorial control over the content of the documentary. The New York Times reported that the real reason ESPN backed out was due to pressure placed on it by the NFL.

League of Denial explores the NFL’s resistance to acknowledging the growing evidence of the link between concussions and progressive degenerative brain disease. More importantly, the documentary brings much needed attention to the issue of brain injuries and the negative and long-lasting effects they can have on those afflicted by them.

A traumatic brain injury is a type of brain injury that results in disruption of normal functioning and can result from any accident in which the head sustains direct trauma, a lack of oxygen, or as a result of a closed head injury.

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This month, several former professional football players filed a class-action negligence lawsuit in Miami against the National Football League (NFL) over alleged known concussion risks to players. The lawsuit claims the NFL ignored evidence which demonstrated player head trauma during football games caused major medical problems later. Plaintiffs such as former Miami Hurricane running back Najeh Davenport claim the NFL spent decades ignoring evidence that the cumulative effects of head injuries such as concussions on the field caused mental and physical problems later. The lawsuit also alleges that retired players who experienced head traumas suffer from higher rates of memory loss, depression, migraine headaches, and early-onset dementia. Other plaintiffs who recently joined the Miami lawsuit include Santonio Thomas and Omare Lowe.

The Miami suit is one of nearly two dozen filed nationwide in recent months by former professional football players against the NFL and football helmet manufacturers. With hundreds of plaintiffs throughout the country, billions of dollars are potentially at stake. Plaintiffs include both largely forgotten players and league stars like Jim McMahon and Jamal Lewis. Four similar lawsuits were recently consolidated in the Eastern District of Pennsylvania in Philadelphia before Judge Anita B. Brody. Other player lawsuits are expected to be consolidated with the multi-district litigation in the near future. Last week, a website intended for both former and current players was established to track concussion-related litigation against the NFL.

Because of the potentially lasting effects on an individual’s health, any brain injury should be taken seriously. Even a minor head trauma can have a devastating effect on a victim’s quality of life. A traumatic brain injury can cause both short and long term physical and cognitive disabilities including memory loss, depression, seizures, and changes in personality. A head injury may also raise the risk for developing other brain conditions in the future.

A disabling brain injury can result from any type of head trauma including a fall, car accident or a sports-related concussion. The medical costs associated with treating a brain injury can be astronomical. If the victim requires daily care, treatment costs will be ongoing and even higher, dramatically altering a brain injury victim’s future. If you or your loved one has suffered from a traumatic brain injury due to another party’s negligence, you have the right to seek compensation for your injuries.

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