Traumatic brain injury is defined as sudden physical damage to the brain. It does not include brain injuries received from birth trauma, toxic substances, disease-producing organisms, or brain injuries that are hereditary, congenital, or degenerative.
The main cause of traumatic brain damage is from the head forcefully hitting an object, such as a windshield or dashboard of a vehicle during an accident. This example is called a closed head injury. It also can be caused when the brain undergoes a severe forward, backward, or twisting motion, such as shaken baby syndrome or whiplash.
If something passes through the head, such as a bullet or knife, the damage is called a penetrating head injury. Although a closed head injury is much less "messy" and often leaves no obvious external signs, it involves the brain banging against the skull and can cause more widespread damage.
CAT scans, MRIs, or other imaging devices that visualize the structure of the brain may be run on the patient. However, physical medical testing does not tap into the portion of the brain dealing with functioning, nor does it identify the malfunctioning cognitive, behavioral, or emotional aspects of the injury.
A person who has experienced either mild or severe brain injury may physically appear fine, and yet have sustained a brain injury that affects their ability to live a normal life.
The American Congress of Rehabilitation Medicine stated these as the markers for brain injury:
* Loss of consciousness
* Memory loss of events immediately before or after the accident
* Alteration in mental state at the time of accident, such as feeling dazed, disoriented, or confused
* Posttraumatic amnesia not greater than 24 hours and other focal neurological deficits
The damages awarded for such an injury is based on the nature and extent of the injury. Factors include pain and suffering, loss of earnings, impairment of earnings capacity, disfigurement or deformity, mental anguish, loss of enjoyment of life, and whether the injury is temporary or permanent.
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