Catastrophic Injuries

Very few things in life are as devastating as an accident which leaves the victim with a body that will not move or a brain that cannot comprehend the changes in intellect, mood and behavior.  Victims of catastrophic injuries may well be overwhelmed by the changes in their life and need for medical care.  Therefore, experienced legal assistance may never be more important.

Spinal Cord Injury 

Any skeletal trauma to the vertebrae surrounding the spinal cord can cause a life-changing injury.  The spinal column consists of 7 cervical vertebrae in the neck, numbered sequentially from top to bottom; 12 thoracic vertebrae in the trunk; 5 lumbar vertebrae; 5 sacral vertebrae; and 4 fused vertebrae that form the coccyx, or tailbone. The spinal cord is roughly 18 inches long and extends from the base of the brain down the middle of the back, to the level of the waist. The nerves within the spinal cord carry messages to and from the brain to the spinal nerves along the spinal tract. Thirty-one pairs of spinal nerves connect with the spinal cord through nerve roots and travel to specific parts of the human body. The spinal cord is surrounded by bony vertebrae, designed to protect the spinal cord from injury. The cord runs through an oval shaped opening in the vertebrae, separated by discs that act as shock absorbers for the spine. However, the spinal cord is extremely vulnerable.

Spinal cord injury (SCI) is a term used to describe any injury to the spinal cord that results in a loss of sensation or function in the body. Approximately two million people worldwide and nearly 200,000 in the United States live with a spinal cord injury. Nearly 11,000 Americans sustain a SCI each year.  More than 80% of new spinal cord victims are young men between the ages of 16 and 30.  Car and motorcycle accidents, gunshot and knife wounds, slip and falls, and sports injuries are the most common causes of damage to the spinal cord. In fact, nearly half of the estimated 7,800 non-fatal SCI's that occur each year are the result of motor vehicle accidents.

Types of Spinal Cord Injuries

The level of a SCI refers to the vertebrae that are closest to the location where the injury occurred. For example, an injury to the spinal cord at the level of the sixth cervical vertebrae is referred to as a C6 injury. An injury to the spinal cord between the C6 and C7 vertebrae is called a C6-7 injury. A T12 injury occurs at the level 12 thoracic vertebrae, and so on.  When the spinal cord is injured, the ability of the brain to communicate with the part of the body at the level of the injury can be reduced or lost. When an injury happens, the parts of the body affected will not function normally, if they function at all.  As injuries occur closer to the head, a greater area may be affected. For example, a man with a T10 injury, the thoracic area in the lower middle back, may lose the use of his legs but his arms may not be impacted. The same man with a C4 injury to the neck, may lose use of both the legs and arms.   

Head and Traumatic Brain Injuries (TBI) 

The effects of a brain injury can vary widely. The age of the victim and the developmental stage of the brain make a difference in how he or she recovers. The area of the brain where the injury occurred, and the degree of trauma experienced, are significant factors. Our law firm works with victims and their families to provide a continuum of care that includes legal, medical, and emotional support for people who have suffered a traumatic brain injury.

The brain is the control center of the human body, it controls thought, smell, sight, memory and touch.  In addition, the brain controls vital bodily functions such as walking, talking, breathing, and heart rate.  The brain is divided into three main parts: (1) the cerebrum, the largest section of the brain, controls cognitive abilities, memory, motor function, learning and speech; (2) the cerebellum, part of the hindbrain, coordinates voluntary and involuntary muscle movements; and (3) the brain stem, the lower extension of the brain, acts as a relay station between incoming stimulus and the rest of the brain.  The brain can be described as a bundle of gelatinous nervous system material floating in a protective sea of cerebrospinal fluid. The fluid acts as a shock absorber that dampens movement of the brain when a person is jolted. All of this fluid is encased inside of the human skull, which acts as a protective shell. The outside of the skull is smooth, but the inside is rough and boney. It is these rough, boney structures inside the skull that can injure the brain when a person is struck or jolted.

Every 15 seconds someone suffers a brain injury, often times the result of an automobile accident, motorcycle accident, ATV accident, trucking accident, slip and fall, bicycle accident, defective products, negligent security, pedestrian accidents, swimming pool accidents or sports injury. 

Types of Head and Traumatic Brain Injury Accidents 

Brain injuries can generally be divided by their cause. There are injuries caused by contact, and those that are not caused by contact.  A contact traumatic brain injury causes damage to the brain as a result of an external force to the head, which can result in a closed head injury, brain swelling, bruising of the brain tissue, or nerve tearing.  Conact traumatic brain injuries may be caused by: sports injuries, work-related injuries, slip and fall injuries, car accidents, or violence.  Non-contact brain injuries can be the result of medical emergencies such as stroke (sometimes referred to as cerebrovascular accident, or CVS) or heart attack. Stroke and heart attack may affect the brain's blood and oxygen supply, causing localized or even widespread brain damage. In addition, the brain may be injured as a result of a near-drowning, suffocation, or heart-stopping electrical shock. Again, the brain may be injured as a result of a lack of blood and oxygen supply.

A permanent brain injury may be difficult to recognize and prove. Many of the associated changes in a person's behavior or personality can be very subtle. The earlier a brain injury is diagnosed, the earlier a person can begin a treatment program.  Diagnostic tools are used to determine the extent and nature of a brain injury, such as MRI, CT Scan, PET Scan, EEG and psychological and functional tests.  Treatment and therapy will greatly depend on the extent and nature of the injury. For example, a person may need physical and occupational rehabilitation to condition muscles and relearn life-skills. Generally, the earlier treatment begins the better.

The effects of a brain injury largely depend on the severity of the injury, and the location of the affected part of the brain. All head injuries have the potential to be serious.

  • Concussion is the common result of a blow to the head or a sudden deceleration. It results from a jarring of the brain. A concussion is graded according to its severity; depending on the loss of consciousness, amnesia and loss of equilibrium. A concussion often results in a period of altered consciousness during which the person is dazed or disoriented. The common early symptoms of a concussion include: dizziness, vertigo, or loss of equilibrium, nausea and vomiting, or headache. While many consider a concussion a minor annoyance, any head injury has the potential for serious long-term effects.Common long-term effects of a head injury involving concussion are: headaches, difficulty sleeping, lightheadedness, poor memory, depression, ringing in ears, poor concentration, slowed reaction time, intolerance to loud noise, mood swings and altered personality, difficulty choosing words, or comas.
  • Contusion is generally a more significant trauma to the brain which leaves an actual organic change to brain structures.
  • Coma is a state of unconsciousness from which the patient cannot be awakened or aroused, even by powerful stimulation.
  • Amnesia is generally defined as the loss of memory, or a period of forgetfulness.
  • Anterograde Amnesia is defined as the inability to remember events beginning with the onset of the injury.
  • Retrograde Amnesia is defined as the loss of memory regarding events preceding the injury.
  • Nerve Shearing is defined as the tearing of the fragile nerve fibers in the brain caused by a violent jolting of the head. This type of injury can be difficult to diagnose, but the effects can be devastating.
  • Brain Swelling and Bruising may result from a violent blow to the skull. After the head is hit, the brain can "bounce" off the inside of the skull. This is referred to as a contrecoup injury. This may cause nerve shearing as well as swelling and bruising of nerve tissue. This swelling can create pressure inside of the head, which in turn leads to compression of vital blood vessels, hindering the brain's blood and oxygen supply.
  • Non-contact Injury or Disease. For example, certain parts of the brain may be injured during medical emergencies such as stroke or heart attack. Stroke (also known as cerebrovascular accident, or CVA) and heart attack, may affect the brain's blood and oxygen supply causing localized or even widespread brain damage. In addition, the brain may be injured as a result of a near-drowning, suffocation, or heart-stopping electrical shock.

When a brain injury is very severe it can dramatically affect the person's ability to return to a normal life. Depending on the location and severity of the injury, there may be physical and/or behavioral effects. A severe head injury can affect a person's ability to work, learn, and interact with their family.  In addition, the injured person may experience physical or behavioral effects including: difficulty with mobility and coordination, difficulty talking and communicating, severe headaches, loss of sensation, personality changes, depression, short attention span, learning difficulty, and memory difficulty.

Medical Treatment

Get the medical care you deserve. Whether you have suffered a traumatic brain injury or become paraplegic or quadriplegic, most doctors assert that the first year of medical care, physical therapy, and occupational therapy is of paramount concern. Understand your future needs and help others do the same. Individuals who sustain a TBI or SCI will require a lifetime of care. In addition to rehabilitative therapy, you may require daily assistance getting out of bed, grooming, cooking, and managing other tasks most people take for granted.

New medical treatment options are available for victims of traumatic brain or spinal cord injuries, and more are on the way. These options offer great hope, but are expensive. If you have sustained a traumatic brain or spinal cord injury, you have the right to seek compensation for your TBI or SCI, including medical treatment. It is important that you consult an attorney as soon as possible following your injury. The law imposes a statute of limitations, which varies from state to state, and you have a limited period in which to pursue your legal claim. If you or a loved one have suffered health problems due to a spinal cord injury, you should contact a personal injury lawyer with experience handling spinal cord injury claims to discuss your options.

Recoverable Damages

Damages that are available to be claimed by an individual who has sustained a catastrophic injury are varied and complex.  These damages are intended not as a reward, but as a way to restore the victim to his or her pre-accident status.  Since circumstances will vary widely, you should get specific advice from an attorney.  For general information, please visit our page on potential recoverable damages.

Contact the Kane Law Firm, P.A.

Spinal cord injuries (SCI) and traumatic brain injuries (TBI) are often sudden, severe, and permanent. One moment you are innocently driving, working, or playing your favorite sport. The next minute your life and that of your family has changed forever, marked by permanent injury.  No amount of money can adequately compensate victims for their loss of function, income and independence.  However, a fair settlement can relieve some of your monetary concerns and allow you to focus on rebuilding your life.

If you or a loved one has sustained a catastrophic injury, please call the Central Florida Catastrophic Injury Attorneys at the Kane Law Firm, P.A. in Orlando, Florida at (407) 898-9130, submit a contact form on our website, or email us at Info@KaneInjury.com. 

We offer a free initial consultation, and if we agree to take your case, we will work on a contingency basis. This means we will get paid for our services only if there is a monetary award or recovery of funds.