Traumatic Brain Injury Lawyer

Traumatic Brain Injury Attorney

The brain is essential to the human body, as it controls your personality, bodily actions, and behavior. If a serious injury occurs, it can result in lifelong neurological effects, including an altered personality, changes in behavior, and even aggressive or criminal actions. If you or a loved one has been charged with a crime but has also suffered from a TBI, there may be a correlation. Speak with a skilled traumatic brain injury lawyer who can aid in your defense.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) refers to any severe blow to the head. As a result of the impact, brain function becomes impaired. The individual may suffer from a mild concussion, or the injuries may be much more severe.

Fortunately, in many cases, a TBI is mild, and the victim only experiences a brief loss of consciousness or change in mental functioning. However, a more serious TBI can result in consciousness being lost for a longer period of time, as well as long-lasting brain function impairment.

Symptoms of a TBI may take up to a few weeks to experience. Some of the most common symptoms are slurred speech, changes in personality and behavior, difficulty remembering things, headaches, sudden loss of consciousness, and, in extreme cases, death. Elizabeth Kelley, Attorney at Law is here to help, contact our expert lawyers today and get the legal defense you need.

Mental Illnesses and TBIs

A TBI may have resulted from a car crash, a workplace accident, a construction accident, medical malpractice, a slip and fall, or assault. Even if the individual receives medical attention right away, they may not experience long-lasting effects until later.

These extended symptoms include physical issues such as severe headaches, as well as mental problems like depression, changes in mood, anxiety, irritability, confusion, and a sense of bewilderment. Traumatic Brain Injury can be a Factor in Violent Crime and may influence an individual’s actions.

Some people are more predisposed to traumatic brain injuries, such as those in the military or those who play contact sports. A study done by the National Security Fellowship Program demonstrates how modern warfare can cause TBIs and other serious brain injuries. It is not uncommon for military members to return home with a major personality shift after sustaining serious injuries to the head.

Unfortunately, it is common for service men and women to return home suffering from Post Traumatic Stress Disorder (PTSD) as well. As a result, they may begin to act out aggressively towards those closest to them. If they have committed a crime, using their traumatic brain injury as a criminal defense could be possible.

Criminal Defense for Those Who Have Suffered a TBI

If an individual who has suffered from a TBI has been charged with a crime, it must be proven that they were physically and mentally in control of their body, their thoughts, and their behavior. A major side effect of a TBI is losing the ability to remain in control of one’s thoughts and actions, which can lead to violent reactions.

Certain medical tests, like MRIs and PET scans, can be used as evidence for the defense. These scans are meant to show the brain activity of the defendant, demonstrating that the effects of their TBI caused them to behave in a criminal manner.

It is important for a medical examination to occur to prove that there is a definite correlation between a TBI and a mental disability. There are four neurological disorder categorizations that are used to determine these correlations: tempo, site, the neurotransmitter system, and unique circumstances of the individual. However, barriers to mental health care for people with disabilities can complicate the diagnosis and treatment process. Limited access to affordable care, lack of specialized providers, and stigma surrounding mental health issues often prevent individuals from seeking or receiving the necessary care, further exacerbating their condition.

In these kinds of cases, an attorney can prepare a strong defense for the defendant. This is vital in the event that the alleged criminal actions were a result of a traumatic brain injury. In order to achieve a positive outcome, it is essential to have the assistance of an attorney to help provide evidence that the defendant would not normally behave in a criminal manner.

FAQs

How Common Are TBIs?

TBIs are more common than may be believed. In 2021, in the United States, over 69,000 TBI-related deaths occurred. They can affect anyone of any age. Certain people are more likely to suffer from a TBI, such as those who are homeless, those who live in the country, survivors of domestic abuse, and those who are currently in prison.

How Is Impulsive Behavior Related to a TBI?

Impulsive behavior may be caused by sustaining a traumatic brain injury (TBI). Often, those who have suffered a TBI engage in impulsive actions that differ from their typical behaviors. If medical testing can provide evidence that a crime was committed due to impulsive behavior resulting from a TBI, that can serve as a criminal defense.

What Is Diminished Capacity in Relation to a TBI?

Diminished capacity cases relate to TBIs because a brain injury can correlate with diminished capacity. In other words, the ability to make decisions can be affected by a traumatic brain injury. Typically, only forensic psychiatrists have the necessary education to determine this correlation. A defense lawyer can bring in experts like forensic psychiatrists to assist in your case.

What Is the Survival Rate for a TBI?

The survival rate for a TBI is dependent upon how severe the injury is. According to the National Institute of Health, those who have suffered from severe TBIs have a cumulative survival rate of 39.92%. Those who have suffered from a moderate TBI have a survival rate of 75.03%. Generally, the more serious the injury to the brain, the less likely the individual is to survive that injury.

Consult With a Traumatic Brain Injury Lawyer

Because of the importance of the brain to the human body, a serious injury can have lifelong impacts. Victims may experience neurological effects, such as a change in personality and possibly aggressive behavior. If you or a loved one has been charged with a crime after sustaining a TBI, it’s vital to hire a lawyer who can help prove the connection between the TBI and the crime.

For assistance with your case, contact Elizabeth Kelley, a compassionate attorney who has vast experience defending those with mental disabilities.