Palm Coast Injury Law Blog

Last week Florida quarterback Tim Tebow got his bell rung while playing in the Florida vs Kentucky football game in Lexington.  Football fans looked on in horror as he laid on his back, apparently unable to move his arms or legs for what seemed an eternity.  Thank God he was eventually able to walk to the sideline where he sat dazed for awhile, then was taken by ambulance to the hospital for follow-up examination. The coaching staff announced that he had sustained a concussion.  It is still not known whether he can play in next weekends game against LSU.

Concussions are serious injuries which cause mild brain damages.  The exact type of damages can range from minimal to death. This spring Natasha Richardson died as a result of a seemingly innocent skiing accident due to a concussion.

Most times an Emergency Room is not going to look for a TBI unless the patient comes in comatose. Post concussive syndrome may show up in the days or weeks after the injury and common signs are changes in the ability to concentrate, think, remember or solve problems.  Because the only absolutely positive way to determine whether brain tissue has been damaged is by autopsy, the only practical way is to get a competent neuropychological exam.  Sophisticated exams like MRI's, SPECT, and PET scans are rarely helpful tools in diagnosing TBI.  They are very expensive and not widely accepted in the medical community. The types of injuries sustained by the brain are microscopic, not  usually detectible. So a jury looking at a normal MRI isn't going to be impressed.

TBI can happen in motorcycle accidents, slip and falls, and sports injuries. I recall representing a two year old little boy .  He slipped through the railing on an oceanfront hotel room and fell five stories to the pool deck.  God must take care of little kids like him because he miraculously survived the fall and head injuries without any long term side effects.  The railing on the balcony did not meet the building code requirements so we were able to prove the hotel was negligent.  The accident was so horrendous the case settled for enough to pay for his college and secure any future problems he might later develop.

Closed head injuries cause the brain tissue to swell.  When that happens the pressure inside the skull increases, which leads to more swelling. 

People with suspected closed head injuries should keep a notebook for at least six months after a head injury.  Problems include headaches, short term memory loss, changes in behavior, mood swings, irritability, anger control, using  profanity,  drop off in job performance and anti social behavior.   It is common to need lists to remind themselves of what they must do on a day to day basis, including taking their medicines, and picking up items in a grocery store, appointments with friends and doctors. The problems should be written down.  If the person is not already seeing a neuropsychologist, I would strongly recommend that an appointment be made ASAP.  The sooner the condition is diagnosed, the faster appropriate treatment can get started.

Closed head injuries usually develop within a short time after an accident, but may not really show up for as long as 18 months.  So, don't be in too much of a rush to get your case settled because severe problems may come up after a Release is signed.  It's too late then.