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•  Types, causes, and symptoms of traumatic brain injury
• Identifying traumatic brain injury by cause, spread and severity

The classification of traumatic brain injury (TBI) is a vital step in diagnosis and treatment, and often plays a key role in legal investigations following the event. TBI can be classified three ways: by cause, by location, and by severity.

Classifications by cause

While TBI generally results from external force, the injury itself doesn’t always occur immediately after the impact. When the brain is injured on contact, the TBI is referred to as primary. Primary TBI can result from skull fractures, scalp injury, and surface contusions. Sudden acceleration-deceleration, common in motor bicycle accidents, can also cause the brain to move around in the skull, leading to TBI.

Secondary TBI can occur as late as several days after the accident. In this case, the injury is caused by impairment or hemorrhage in another area, which may limit blood flow to the brain, put increased pressure on the skull, or both.

Classifications by location

A relatively new classification method, this actually refers more to the spread of the injury than to its location. Under this classification, TBI is considered either focal or diffuse. As the name implies, focal injuries affect a particular part of the brain. Most primary injuries are also focal injuries.

Diffuse TBI, on the other hand, may cover a larger area in varying degrees of severity. They are more commonly caused by internal damage, often the same factors that create secondary TBI. Examples include whiplash, vascular injury, and meningitis. Focal and diffuse TBI often occur together, with the latter manifesting at a later time.

Classifications by severity

TBI can also be classified as mild, moderate, or severe. This classification is mainly used to identify treatment options and provide a prognosis. It is usually determined by neurological function (measured according to the Glasgow Coma Scale or GCS) and the duration of unconsciousness.

 The GCS measures consciousness according to eye-opening, motor, and verbal responses, on a scale of 3 to 15. TBI is considered mild when the reading is from 13 to 15 and the loss of consciousness (LOC) lasts 30 minutes or less. Moderate TBI means a GCS level of 9-12 and LOC lasting no more than six hours. Severe TBI is defined as a GCS reading of 8 or less, and more than six hours of LOC.

 This article is not intended as legal advice.

Additional information available from the Law Offices of Elan Wurtzel, P.C.. Serving clients in Plainview, New York

Sleep deprivation is a disorder that is generally defined as not having enough sleep or lacking the ability to achieve a healthy amount of required sleep. This condition can be either acute or reoccurring (chronic). Studies with lab animals (and noted instances in humans) have shown that severe and extensive sleep deprivation will inevitably lead to death. Less severe, chronic sleep deprivation can lead to sleepiness during normal waking hours, weight loss, fatigue, impaired judgement and clumsiness.

Fortunately, for humans, a complete absence of sleep cannot be maintained over an extended period of time, as brief periods of sleep (micro-sleeps) are unavoidable.

Cognitive brain function is adversely affected when the subject is deprived of normal sleep. A study, in 2000, used a technology known as Functional Magnetic Resonance Imaging to monitor the brain activity of sleep-deprived test subjects. This study indicated that regions of the (brain’s) prefrontal cortex increased their activity in subjects who were the sleepiest – depending on the complexity of the task being performed. This was interpreted as the brain’s method of compensation for sleep deprivation’s adverse effects.

The brain’s temporal lobe (which processes language) was shown to be inactive during verbal learning in sleep-deprived subjects as opposed to being active in rested subjects. In addition, the brain’s parietal lobe was more active, in sleep-deprived subjects, during these verbal learning tasks, than in rested subjects. Even though memory efficiency was lowered in sleep-deprived subjects, the increase in the parietal region’s activity was linked with better memory.

Another study, in 2001, suggested that certain serious diseases could be linked with sleep deprivation. These illnesses included heart disease and certain mental illnesses – such as bipolar disorder and psychotic episodes. This was further documented in 2007 in a Harvard Medical School study. That study showed (using MRI scans) that sleep deprivation cause an inability to place emotional events in proper perspective. This prevented the subjects from making controlled appropriate responses to emotional events.

Please note that this article is for informational purposes only and is not intended as legal advice.

For more information, visit the San Antonio Accident Law Firm website of  Todd Elias and Steven J. Gordon serving all Texas.

One of the first steps in resolving car accidents is determining who is at fault. A critical element in both legal and insurance aspects, fault often plays the biggest role in determining the outcome of a claim. Unfortunately, liability isn’t always clear and absolute. It’s not uncommon for two parties to share the fault and thus be held equally responsible.

Contributory and comparative negligence

In the past, if a person is found even slightly responsible for an accident, he or she isn’t entitled to any claims. This is known as “contributory negligence.” However, most states now use “comparative negligence,” which allows car accident victims to recover damages even if they are partially liable. Comparative negligence is classified into three types: pure, proportional at 51%, and proportional at 50%.

Pure comparative fault

Under pure comparative fault, an injured person who is found partially at fault is entitled to reduced damages. The reduction is proportional to the percentage of the person’s fault; that is, if one is found 75% at fault for the accident and claims $10,000 in damages, he or she will receive $2,500—75% less than the total.

Proportional comparative fault

This rule states that a car accident victim can file a liability claim only if his share of the fault meets a certain percentage. Some states have set the bar at 50%, while others have put it at 51%. This means that if a person is more than 50% or 51% at fault in the accident (depending on the state), he or she cannot recover damages for resulting injuries. In states where the 50% rule is in use, if both parties are 50% at fault, neither one is entitled to damages.

Determining percentage of fault

The degree of fault is usually determined by a claims adjuster from the insurance company concerned. The adjuster does not follow a mathematical formula; it is mostly a matter of negotiation between the victims and the adjuster. If the parties cannot reach an agreement, a personal injury attorney may be called in to negotiate for a lower share of the fault for his or her client. If this fails to resolve the problem, the case is brought into a court of law.

This article is not intended as legal advice.

More information available at The Barber Law Firm. Serving clients throughout Dallas, TX.

Most traffic tickets can be processed as minor violations in many jurisdictions. This effectively serves to lighten the burden on their court systems. In cases such as these, the offender is not in danger of being placed in jail and will usually only pay a fine that is small enough not to require an attorney or a trial by jury.

Speeding Ticket Fines

In some cases, though, a speeding ticket fine can become quite large, since the fine is usually based on the number of mph that the offender went over the limit. This type of situation may require an attorney. It should be noted that even though a traffic violation can be processed in an expedient manner, there will still be a negative impact on the offender’s driving record. This can affect auto insurance rates and driving privileges.

Serious Traffic Violations

There are certain types of traffic violations that will be considered more serious than merely code infractions. These violations can be raised to the level of misdemeanor or even felony crimes. This is especially true in cases that involve destruction of property or personal injury. Included in these crimes is a situation where the offender is caught leaving the scene of an accident. Those who stand accused of criminal traffic violations are entitled to all the rights afforded anyone who is accused of a crime. These rights will include having a court appointed attorney, a trial by jury, etc.

Misdemeanor and Felony

In general, a traffic violation will become a misdemeanor or a felony (in most states) if: there is injury inflicted as a result of the violation, there is destruction of property or there was a genuine threat of personal injury or property destruction. This will vary from state-to-state and while going through a red light might constitute a misdemeanor – hitting another vehicle and causing an injury (or death) will raise the offense to a felony. Some traffic offenses can be labeled as misdemeanors from the very beginning – such as driving on a revoked license, reckless driving or leaving the scene of an accident. In all of these cases, the accused has the right to a fair hearing with an attorney and possibly a jury trial.

Please note that this article is for informational purposes only and is not intended as legal advice.

Need assistance with a traffic ticket? Gary R Jodat in Sarasota, Fl can help with your legal needs.