When a person suffers a brain injury, the consequences can be life-altering. Navigating the medical and legal complexities that follow requires a clear understanding of the terminology and classifications used by professionals. Two terms that are often used, and sometimes confused, are Acquired Brain Injury (ABI) and Traumatic Brain Injury (TBI). While they are related, they are not interchangeable. For individuals and families seeking legal recourse after a brain injury, understanding this distinction is crucial.
This article will provide a comprehensive overview of both Acquired Brain Injury and Traumatic Brain Injury, to help you better understand your situation and the potential legal avenues available to you. If you have any question, call Chance, Forlines, Carter & King today for a free, no obligation consultation.
What is an Acquired Brain Injury (ABI)?
An Acquired Brain Injury (ABI) is a broad category that encompasses any injury to the brain that occurs after birth. This definition excludes brain injuries that are congenital (present at birth), hereditary, or degenerative. The Brain Injury Association of America (BIAA) defines an ABI as “an injury to the brain that is not hereditary, congenital, degenerative, or induced by birth trauma.”
ABIs can be caused by a variety of factors, both internal and external. These causes can be broadly categorized into two main types: traumatic and non-traumatic.
Non-Traumatic Acquired Brain Injuries
Non-traumatic ABIs are caused by internal factors, such as illnesses or medical events. These can include:
•Stroke: A stroke occurs when the blood supply to part of the brain is interrupted or reduced, preventing brain tissue from getting oxygen and nutrients. This can be caused by a blocked artery (ischemic stroke) or the leaking or bursting of a blood vessel (hemorrhagic stroke).
•Infections: Infections in the brain, such as meningitis or encephalitis, can cause inflammation and damage to brain tissue.
•Tumors: Brain tumors, whether cancerous or non-cancerous, can press on and damage surrounding brain tissue.
•Anoxia or Hypoxia: A lack of oxygen to the brain (anoxia) or a reduced supply of oxygen (hypoxia) can cause brain cells to die. This can occur due to events like near-drowning, suffocation, or cardiac arrest.
•Exposure to Toxins: Exposure to certain toxins, such as carbon monoxide or lead, can cause damage to the brain.
What is a Traumatic Brain Injury (TBI)?
A Traumatic Brain Injury (TBI) is a specific type of injury caused by an external physical force. According to Johns Hopkins Medicine, a TBI happens when a “sudden, external, physical assault damages the brain.” This can be a direct impact to the head or a violent movement of the head that causes the brain to collide with the inside of the skull.
TBIs are a major cause of death and disability in the United States. They can range in severity from mild (like a concussion) to severe.
Causes of Traumatic Brain Injuries
Common causes of TBIs include:
•Falls: Falls are the leading cause of TBIs, especially among young children and older adults.
•Motor Vehicle Accidents: Car, truck, and motorcycle accidents are a common cause of TBIs.
•Violence: This includes gunshot wounds, domestic violence, and assault.
•Sports Injuries: TBIs are a risk in many sports, especially contact sports like football and hockey.
•Explosive Blasts: These are a common cause of TBIs in military personnel.
Types of Traumatic Brain Injuries
TBIs can be classified as either closed or penetrating.
•Closed Head Injury: In a closed head injury, the skull is not broken. The injury occurs when the brain is shaken violently within the skull, causing bruising, swelling, and tearing of nerve fibers. This is often seen in car accidents and falls.
•Penetrating Head Injury: In a penetrating head injury, an object breaks through the skull and enters the brain. This is often caused by a gunshot wound or a sharp object.
Key Differences Between ABI and TBI
To summarize the key differences:
| Feature | Acquired Brain Injury (ABI) | Traumatic Brain Injury (TBI) |
| Definition | Any brain injury that occurs after birth and is not congenital, hereditary, or degenerative. | A type of ABI caused by an external physical force. |
| Causes | Can be traumatic (external) or non-traumatic (internal), such as stroke, infection, or tumor. | Caused by an external physical force, such as a fall, car accident, or assault. |
| Relationship | TBI is a subcategory of ABI. | ABI is the broader category that includes TBI. |
Legal Implications of Brain Injuries
When a brain injury is caused by the negligence or wrongful act of another person or entity, the injured person may be entitled to compensation through a personal injury lawsuit. The type of brain injury (ABI or TBI) can have significant legal implications.
Proving Negligence
In any personal injury case, the plaintiff (the injured person) must prove that the defendant (the person or entity being sued) was negligent. This means showing that:
1.The defendant owed the plaintiff a duty of care.
2.The defendant breached that duty of care.
3.The breach of duty caused the plaintiff’s injuries.
4.The plaintiff suffered damages as a result of the injuries.
Legal Claims for Traumatic Brain Injuries (TBIs)
Since TBIs are caused by an external force, it is often easier to identify a negligent party. For example, in a car accident case, the at-fault driver can be held liable for the TBI. In a slip and fall case, the property owner may be liable if they failed to maintain a safe environment.
Common legal claims for TBIs include:
•Personal Injury Lawsuits: These are the most common type of claim for TBIs. The injured person can seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
•Workers’ Compensation Claims: If the TBI occurred at work, the injured person may be entitled to workers’ compensation benefits. These benefits typically cover medical expenses and a portion of lost wages.
•Product Liability Lawsuits: If the TBI was caused by a defective product, the manufacturer or seller of the product may be held liable.
Legal Claims for Non-Traumatic Acquired Brain Injuries (ABIs)
Legal claims for non-traumatic ABIs can be more complex. Since these injuries are caused by internal factors, it can be more challenging to prove that another party was at fault. However, there are situations where a legal claim may be possible.
•Medical Malpractice: If a non-traumatic ABI was caused by a medical error, such as a misdiagnosis, surgical error, or medication error, the injured person may have a medical malpractice claim against the healthcare provider.
•Toxic Tort Lawsuits: If a non-traumatic ABI was caused by exposure to a toxic substance, the injured person may have a toxic tort claim against the party responsible for the exposure.
Proving a Brain Injury in Court
Proving the existence and severity of a brain injury is a critical part of any personal injury case. This often requires a combination of medical evidence and expert testimony.
Medical Evidence
Medical records are essential for proving a brain injury. These can include:
•Imaging Scans: MRI and CT scans can show physical damage to the brain, such as bleeding, swelling, or bruising.
•Neuropsychological Testing: This testing can assess cognitive and psychological functioning and identify deficits caused by the brain injury.
•Medical Reports: Reports from doctors, neurologists, and other specialists can provide a detailed account of the injury, treatment, and prognosis.
Expert Testimony
Expert witnesses can play a crucial role in a brain injury case. These can include:
•Medical Experts: Doctors and neurologists can testify about the nature and extent of the injury, the cause of the injury, and the long-term prognosis.
•Life Care Planners: These experts can create a detailed plan for the injured person’s future medical and personal care needs, and the associated costs.
•Economists: Economists can calculate the injured person’s lost earning capacity and other economic damages.
Get the Support You Need. Call Our Georgia Personal Injury Lawyer Today!
While all traumatic brain injuries are acquired brain injuries, not all ABIs are TBIs. The cause of the injury will determine the type of legal claim that can be pursued.
If you or a loved one has suffered a brain injury, it is essential to seek legal advice from an experienced personal injury attorney. The legal team at Chance, Forlines, Carter & King has the knowledge and experience to help you understand your rights and pursue the compensation you deserve. Call us for free, no obligation consultation today!