Can a Concussion Cause Permanent Brain Damage?

Mild traumatic brain injuries, known as concussions, have frequently been in the news in recent years as the National Football League, college, high school and youth sports leagues have had to confront the prevalence of concussions among athletes.

NFL concussion protocols and others modeled after them focus on getting the injured player back in the game. A concussion is defined as an injury to the brain that results in temporary loss of normal brain function. In addition to sports injuries, concussions can occur in car accidents, falls, being struck in the head and other types of accidents. Some can have lingering effects. What if the brain does not fully normalize after the prescribed period of rest? Can a concussion cause permanent brain damage?

Our brain injury lawyers in Kentucky assist clients and the families of individuals who have suffered traumatic brain injuries (TBIs) in accidents caused by the negligence of other. We’ve seen brain injury survivors recover and rebuild their lives. There is evidence that repeated concussions can cause lasting damage to the brain.

What Is a Concussion?

A concussion is a supposedly short-lived change in brain function following a blow or sudden jolt to the head. This may be due to the victim hitting their head or getting hit in the head, such as in a slip and fall or car accident. The impact leaves the individual dazed and confused for a few moments, a symptom of the brain not functioning properly. Sometimes a concussion victim is knocked unconscious. 

People with concussions often report a brief period of amnesia or forgetfulness, typically including not remembering what happened immediately before or after they were injured.

Other common symptoms include:

• Headache
• Double or blurry vision
• Dizziness or imbalance
• Nausea or vomiting
• Memory loss
• Ringing ears
• Difficulty concentrating
• Sensitivity to light
• Loss of smell or taste
• Trouble falling asleep.

Anyone who experiences these symptoms after suffering a blow to the head should see a doctor as soon possible. If symptoms worsen after an initial medical exam, further medical care is required.

Most people with concussions recover completely in 10 to 14 days. Some people have symptoms for several weeks before gradually getting better.

But the American Association of Neurological Surgeons says that there is no such thing as a minor concussion.

“In most cases, a single concussion should not cause permanent damage,” the Association says. “A second concussion soon after the first one does not have to be very strong for its effects to be permanently disabling.”

What Are the Long-Term Effects of a Concussion?

The effects of a concussion persist in some people. One study found long-term structural damage to the brain in patients who had suffered a single mild traumatic brain injury (MTBI), or concussion.

As published in the journal Radiology, the study at NYU Langone School of Medicine found that MRIs showed measurable global and regional brain atrophy in patients one year after they suffered concussions.

“This is the first study that shows brain areas undergo measurable volume loss after concussion,” Yvonne W. Lui, M.D., Neuroradiology section chief and assistant professor of radiology at NYU Langone School of Medicine, said in a news release accompanying the study. “In some patients, there are structural changes to the brain after a single concussive episode.”

These changes correlated with detrimental changes in memory, attention and anxiety, the release says.

The NYU researchers used three-dimensional magnetic resonance imaging (MRI) to determine regional gray matter and white matter volumes and correlated these findings with other clinical and cognitive measurements. The study involved examining 29 concussion patients with post-traumatic symptoms after injury (with 19 followed at one year) and 22 matched controls (with 12 followed at one year).

According to WebMD, previous research has shown that 10 percent to 20 percent of concussion patients continue to experience symptoms more than a year after their head injury. 

Persistent post-concussive symptoms, or post-concussion syndrome, is a recognized diagnosis for concussion symptoms that last beyond the initial injury’s expected recovery period. The most common symptoms are headache, dizziness and sleep problems. 

Some experts believe persistent post-concussion symptoms are caused by structural damage to the brain or disruption of the messaging system within the nerves, which happened in the initial impact that caused the concussion, the Mayo Clinic says. Others believe persistent post-concussive symptoms are related to psychological factors.

A history of depression, anxiety, post-traumatic stress disorder (PTSD), significant life stressors, a poor social support system and lack of coping skills are more common in people who develop persistent post-concussive symptoms compared with those who don’t. 

Studies have also found increasing age to be a risk factor for persistent post-concussive symptoms.

Contact a Kentucky Brain Injury Lawyer

When a patient’s concussion symptoms persist or there are indications that the person has suffered some permanent cognitive deficits, the patient and family members must consider how they will address the costs and losses caused by the patient’s long-term needs. If the original concussion resulted from an incident someone else caused – a car accident, a slip and fall accident, a physical assault – they may seek compensation from the person or party at fault.

In many cases, a person who sustained a mild concussion in an accident should recover quickly. But, if symptoms of a concussion persist and continue to result in medical bills, lost work time and/or loss of enjoyment of life, you should discuss your legal options with a qualified personal injury attorney.

In most personal injury cases, Kentucky’s statute of limitations (KRS Chapter 413.140) provides one year after the injury or diagnosis of the injury to file a claim. This provides time to determine that a concussion has not cleared up in the customary amount of time and to seek legal advice about a claim to recover your ongoing medical costs and losses.

An attorney still needs time to thoroughly investigate the accident, determine who is financially liable, compile evidence for a legal claim, and contact the insurance company to try to negotiate a settlement. You should contact the Kentucky brain injury attorneys at Morgan, Collins, Yeast & Salyer as soon as possible to discuss your options after suffering a head injury that leads to medical costs, time away from work, and pain and suffering or emotional distress.

Morgan, Collins, Yeast & Salyer offers a free initial consultation and pursues personal injury cases on a contingency fee basis. You won’t have to pay us unless we recover money for you. Contact us today at (877) 809-5352 or online.

 

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How Logging Accidents Happen

Logging operations involve felling trees and hauling logs from logging sites to the point of delivery. Logging is considered the most dangerous occupation in the United States, according to the Occupational Safety and Health Administration (OSHA). The industry employs more than 2,600 people across Kentucky. 

In addition to the hazards posed by chainsaws and logging machinery, loggers deal with the massive weights and the unstoppable momentum of falling, rolling, and sliding trees and logs. Work is often done under dangerous conditions, such as uneven or rough terrain and/or inclement weather. Because logging is often done at remote work sites, medical facilities are often not readily accessible.

The hazards inherent in logging are addressed in specific OSHA standards. Logging operations supervisors, from corporate CEOs to the logging crew foreman, are responsible for adhering to OSHA rules as well as applicable Kentucky Occupational Safety and Health standards to ensure that loggers are properly trained, equipped and supervised.

Common Logging Accidents

In most cases, we refer to logging accidents as incidents that result in injury to employees in the logging industry. But motorists sharing the roads with logging trucks are at risk of injury if improperly loaded logs come loose and fall off a truck onto the roadway.

Logging accidents include the following accidents:

• Hit by falling objects. Nearly a quarter of all logging accidents are caused by falling logs, limbs, and entire trees that hit people. Logs may fall from skidders, loading platforms or logging trucks. Loggers working at heights, such as in trees or in bucket truck lifts, can be hit by falling branches and also can accidentally drop tools and equipment onto people below.
• Struck by objects. Loggers can be struck by falling limbs. In addition, objects such as wood chips, bark, sawdust and stones can be thrown by chainsaws and other tools and machinery and injure people. A chainsaw itself may kickback and strike its operator if the chain is not sharpened correctly. Struck-by accidents include motor vehicle accidents on logging sites in which workers are hit by vehicles, such as in “backover” accidents.
• Caught-in or caught-between accidents. Rolling and sliding logs, cables, and equipment can trap a worker against another object, such as a tree, embankment or machinery and crush the individual or body parts.
• Falls. Slip and fall and trip and fall accidents are the most common workplace injury, across all industries. Loggers working in a forest can slip and fall because of uneven terrain and/or mud. They may step into holes or trip over cut branches, logs or stumps, or slip on wet leaves. Loggers working at heights may fall from trees, lifts, loading platforms and logging trucks. 
• Inclement weather. When wetness and cold cause body temperature to drop, hypothermia can be fatal if the individual cannot be warmed quickly. Lightning strikes can also cause death and injury.

Logging Site Accident Injuries

Many injuries suffered in the logging industry are crush injuries. Crush injuries typically occur when part of the body is squeezed between heavy or immovable objects, such as a fallen tree and the ground.

Crush injuries can cause:

• Head and traumatic brain injury (TBI)
• Fractures (broken bones)
• Spinal cord damage, including paralysis
• Internal organ damage
• Soft tissue strains, including lower back injuries
• Compartment syndrome (increased pressure in an arm or leg that causes serious muscle, nerve, blood vessel, and tissue damage)
• Amputation of fingers and toes and limbs
• Bleeding, including internal bleeding
• Cuts, lacerations
• Bruises, contusions.

Chainsaws and other logging equipment can cause serious lacerations, including traumatic amputations, as well as eye injury from flying debris.

Hearing loss is also common among workers continually exposed to the hazardous noise of chainsaws (91-110 dBA) and cable winches. The National Institute for Occupational Safety and Health (NIOSH) says noise-exposed workers in forestry and logging have a higher percentage of hearing loss (21%) than all noise-exposed industries combined (19%).

Logging Safety

Many Kentucky loggers perform this difficult and physically demanding work for many years without seriously hurting themselves. However, many workers do suffer injuries. OSHA, NIOSH and other public and private organizations offer safety rules, tips and training.

OSHA’s suggested rules in a sample safety program for a logging contractor include:

• Personal protective equipment, which the employer shall provide at no cost to each employee, shall be worn by all employees at all times to protect them from personal injury. Job description and work requirements will determine when, where and what specific equipment is to be used.
• Personal protective clothing, including gloves, ballistic pads or other approved chainsaw leg protection, steel-toed boots with chainsaw cut-resistant protection, hard hat, hearing protection and eye protection must be worn at all times when operating any chainsaw.
• The employer shall ensure that each machine and any hand-portable powered tool, including any machine or tool provided by an employee, is maintained in serviceable condition and is inspected before initial use and before each work shift. Defects or damage shall be repaired or the unserviceable machine shall be replaced before work is begun.
• Every chainsaw placed into initial service shall be equipped with a chain brake and shall otherwise meet the requirements of the ANSI B175-1.1991, “Safety Requirements for Gasoline-Powered Chain Saws.”
• Each employee in the immediate work area in the forest shall work in a position or location that is within visual or audible contact with another employee.
• Before each tree is felled, conditions such as wind conditions, the lean of tree, dead limbs, snow or ice accumulation and the location of other trees shall be evaluated by the logger and precautions taken so a hazard is not created for an employee.

Contact a Kentucky Workers’ Compensation Attorney

Even an employee who does everything by the book can be injured in a workplace accident, especially in the logging industry. If an occupational injury causes you to miss seven or more days of work, you may be eligible to receive workers’ compensation benefits, regardless of who was at fault for the accident. The workers’ compensation benefits may include paid medical care and partial replacement of lost wages. This applies to cumulative injuries, such as hearing loss or chronic back pain, too.

The workers’ compensation lawyers of Morgan, Collins, Yeast & Salyer have recovered more than $200 million in workers’ comp benefits for our hardworking Kentucky clients. If you encounter any dispute about your workers’ comp claim or have any questions about what you should be receiving, contact us for a free review of your case. We stand ready to fight for you.

Contact Morgan, Collins, Yeast & Salyer at (877) 809-5352 or online today.

 

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Burden of Proof in Your Car Accident Claim

Many people are familiar with the burden of proof in a criminal trial, the concept that prosecutors must prove guilt “beyond a reasonable doubt.” However, civil cases are different. The burden of proof is lower. In a civil trial, such as a car accident injury claim, the plaintiffs must prove their case by a preponderance of the evidence. 

The result is that it may be easier than you think to pursue compensation if you have been injured in a car crash or some other accident that was someone else’s fault.

If you or a family member has been injured by someone who failed to obey traffic laws, was driving drunk or was driving recklessly, an attorney with Morgan, Collins, Yeast & Salyer can review the details and discuss whether the facts of the accident meet the burden of proof required to pursue compensation for you. This is a free, no-obligation legal consultation. You can schedule your free consultation online or by phoning (877) 809-5352 today.

What Is Burden of Proof?

The phrase “burden of proof” refers to the standard that anyone making a claim in court must meet for the court to establish their allegation as legal fact.

The burden of proof in personal injury car accident claims and other civil cases is “a preponderance of the evidence.”

The injured plaintiff has the burden to gather and present evidence to prove that the defendant’s negligent actions caused harm and the defendant should pay compensation.

A Kentucky jury hearing a car accident case would be charged with deciding whether a preponderance of the evidence indicates that it is more likely than not that the plaintiff’s allegations are true. Another way to look at a preponderance of the evidence is whether the evidence makes you believe the plaintiff with 51% certainty. If the jury decides in favor the plaintiff, the jury may then order the defendant to pay compensation.

You can see that the burden in civil cases is a lower burden than having to convince a jury beyond a reasonable doubt in a criminal case. But it’s still challenging to identify evidence and develop a compelling civil case. Our experienced car accident attorneys at Morgan, Collins, Yeast & Salyer have handled many personal injury cases over the years. We know the types of evidence to seek to build a persuasive case that meets the burden of proof in Kentucky.

 Elements of Negligence in a Car Accident Claim

In a personal injury claim, the plaintiff seeks to prove that the defendant’s negligence led to their injuries and losses. Negligence is a failure to act with the level of care that a reasonable person would have exercised under similar circumstances. After a car accident, the driver may have been negligent if he or she disobeyed traffic laws or drove recklessly and caused an accident as a result.

Proving negligence requires proof of:

• A duty owed by the defendant to the plaintiff
• Breach of that duty
• Injury to the plaintiff
• Legal causation between the defendant’s breach and the plaintiff’s injury. 

Kentucky courts recognize a universal duty of care under which every person is obligated to others to exercise ordinary care to prevent foreseeable injuries. For example, an automobile driver has to use reasonable caution when driving to prevent car crashes. Whether the car driver has failed to fulfill his or her duty and caused harm as a result is a question for the jury to decide.

Harm is demonstrated by medical records describing injuries. Harm also includes financial injury and other “damages,” such as lost work time, loss of earning capacity, physical pain and mental suffering.

The plaintiff has to show that the defendant’s negligent behavior was a substantial factor in causing the harm the plaintiff suffered. Evidence must indicate that the negligent act is the probable cause of injury, not just a possible cause. 

Gathering Evidence to Support a Car Accident Claim

It is important to start promptly to investigate a car accident before witnesses forget what they saw, physical characteristics of the accident scene change or other physical evidence becomes lost.

Evidence of the defendant’s breach of duty might be obtained through:

• Police report, including any criminal charges against the defendant
• Witness statements, including from police and the defendant
• Defendant’s cell phone records, which may show activity at the time of the crash indicating distracted driving
• Debit or credit card records, which may show purchases of alcohol prior to the crash (potential driving under the influence) or sustained activity over a lengthy period
• Security camera footage, which may show the crash or reckless driving prior to the crash.

Evidence of injury would include:

• Plaintiff’s medical records, which may be forwarded to a consulting physician for review and interpretation
• Doctors’ reports and/or testimony
• Photographs of the accident scene, vehicle damage, roadside damage (guardrails, signs, landscape), and victim’s injuries (bruises, lacerations, cast on broken limb)
• Bills and receipts for medical care, vehicle damage repairs and other costs connected to the accident
• Work records indicating absences
• Plaintiff statements about pain, medical care and recovery, setbacks, missed activities due to injuries, and loss of enjoyment of life. 

 Evidence of legal causation might include:

• Police report, including any criminal charges against the defendant
• Witness statements or testimony, including from the plaintiff, police, doctors and the defendant
• Accident reconstruction specialist’s report and expert testimony.

Contact an Experienced KY Car Accident Attorney

If you’ve been seriously injured by a negligent driver in Kentucky, let Morgan, Collins, Yeast & Salyer car accident attorneys prepare a case that demands full compensation for your injuries and losses. We know how the burden of proof applies to car accident claims and how to build a solid case to support your claim. Our attorneys supply the Kentucky Courage to stand up to big insurance companies.

Get started today by contacting Morgan, Collins, Yeast & Salyer at (877) 809-5352 or online to set up your free consultation.

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