Head Or Brain Injury

Traumatic injury to the head can damage the delicate tissues of the brain. Even if the full damage is not visible, brain injuries are often serious and life altering. The symptoms of brain damage vary widely, depending upon the type and extent of the injury. The most common causes of traumatic head injuries are motor vehicle accidents, falls, and firearms.

Two Categories of Brain Injury

Often, traumatic brain injuries are classified into two categories: penetrating head injury and closed head injury.

1. A penetrating head injury, or open wound, is visible and involves an actual penetration of the skull and brain tissue.


2. A closed head injury is the more common type of traumatic brain injury. These vary widely in severity. For example, a minor concussion is a form of closed head injury. On the other end of the spectrum, a closed head injury can result in complete disability, loss of physical function and cognitive ability, or even death.

Symptoms of Brain Injury

Sometimes the symptoms of a profound head injury are not immediately apparent. However, there are recognized symptoms of brain damage. Signs of closed head injury include unconsciousness at the accident site, a coma, or seizure(s). If an individual sustains any injury to the head, it is important to seek immediate medical attention.

When a person's head is struck or jarred in an accident, be on the lookout for headaches, nausea, confusion, or other problems with concentration or memory. Personality changes also may signal a traumatic brain injury. The injured person might become unusually irritable, angry, or depressed. Family, friends, and co-workers may notice these changes, while the injured person does not. Once again, prompt medical attention is very important for a suspected injury.

The Glasgow Coma Scale

The outcome of a traumatic brain injury varies greatly, depending on its severity. A treating physician often uses the Glasgow Coma Scale to assess the extent of the damage.

The Glasgow Coma Scale measures a closed head injury victim's ability to open his or her eyes, provide verbal responses, and provide motor responses. The scale ranges between a score of three to fifteen. The higher the score, the better the overall prognosis.

Brain Injury Statistics

Traumatic head injuries are all too common. According to the Brain Injury Association, over 1.9 million Americans suffer a brain injury each year, and approximately 80,000 of those injuries result in long-term disability. The estimated cost of caring for traumatic brain injury victims is enormous -- over $48 billion dollars per year.

Head or Brain Injury & Michigan Auto Law

Michigan auto no-fault law requires auto accident victims in Michigan to prove that their injury represents a "serious impairment of a body function." The Michigan auto no-fault law defines a "serious impairment of a body function" as an objectively manifested impairment of an important body function that affects a persons general ability to live his or her normal life.

Michigan courts have interpreted the Michigan auto no-fault threshold to restrict access to the courts for many seriously injured auto accident victims. However, Michigan auto no-fault law provides for an exception to this threshold if the auto accident victim is able to claim a closed head injury.

Michgan law, MCL 500.3135(2)(a)(ii), states:

For a closed head injury, a question of fact for the jury is created if a licensed allopathic or osteopathic physician who regularly diagnosis or treats close-head injuries testifies under oath that there may be a serious neurological injury.

If you or a loved one suffered a serious accident involving a closed head injury, brain injury or head injury, talk with an experienced Michigan personal injury lawyer.

Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.

The Law Offices of Samuel I. Bernstein, our Michigan accident and personal injury law firm, has championed the cause of seriously injured Michigan accident victims for three generations.

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