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Wrongful Death Lawsuits and Brain Injury


Do you believe you have a wrongful death case? Has a loved one been killed in a motorcycle, truck, car or pedestrian accident? Wrongful death is a part of law that may cover both criminal and tort law. Loved ones can demand damages for the loss of their loved one under tort law which will be decided in civil courts. For a wrongful death suit to proceed after filing, plaintiffs must provide evidence to convince a judge that the named defendants in the suit were partially or wholly responsible in some manner that led to the death of their loved one. You need to have the most experienced Wrongful death attorney you can find.

A number of motorcycle, car, truck and pedestrian accidents result in traumatic brain injury (TBI) that are so severe that the accident victim dies. Patients suffering TBI from a vehicle accident are brought to the hospital emergency room for an initial diagnosis and prognosis if not pronounced dead on the scene. Life-threatening injuries are identified and treated. The process of diagnosing the extent of brain injuries then begins once the patient is stabilized. A complete neurological evaluation is performed to rule out any conditions that will require surgical attention such as skull fractures, high brain pressures and hematomas. Then various scans may be taken such as CT's or X-ray's to identify internal bleeding or bone fragments within the brain. The patient will then be asked a serious of questions so that they can be assessed to determine the severity of brain injury and predict his/her chances for recovery. The Glasgow Coma Scale (GCS) is used to measure the patients ability to move, open their eyes and speak. The more severe the injury, the lower their total score indicating little chance for a complete recovery. For severe injuries the hospital will run an Angiogram, Intracranial Pressure (ICP monitor) test and an electroencephalograph (EEG).

  • Electroencephalograph (EEG) – This is a test that measure electrical activity in the brain that uses electrodes that are placed on the head. This procedure is completely painless and provides useful information about neuron activity.
  • Intracranial Pressure test (ICP monitor) – This is a device that can measure pressure inside your brain. This device has a tube that is placed inside the brain through a small hole that is drilled in the skull. The monitor will return that pressure of your brain through time.
  • Angiogram – This is a test that looks at the blood vessels in your brain. A dye is injected into an artery that supplies blood to your brain so that you can get a good look at internal bleeding, clotting and other blood vessel damage.

Early traumatic brain injury comes in two forms. These two forms include diffuse and focal injuries.

  • Diffuse injuries – These injuries are described as small amounts of damage throughout many areas of the brain and in particular damage to your axons. These are the fibers that send signals to other parts of the brain. This is common in vehicle accidents and damage progresses through time until peak damage is acquired. Scans need to be taken through time to monitor the progression of injury. The frontal and temporal lobes are quite often involved. Behavioral deficits might include abnormal body movements, memory loss, speech and hearing problems. Increased brain pressure is common with this as well cutting off oxygen supply to the brain. These patients have a dim future in terms of recovery. If the damage is bad enough, death ensues.
  • Focal injuries – These injuries involve contusions or bruises that also cause swelling, bleeding and brain tissue death and are found in certain locations. These injuries also occur in the frontal and temporal lobes but can also occur in the parietal and occipital lobes. If contusions or bruises occur in the brain stem (back of the neck) you might see improper eye movement creating double vision and possible loss of consciousness for a short period of time. These brain bruises will decrease as brain swelling goes down but can leave scars that cause permanent brain dysfunction.


If you have a loved one who has died after a motorcycle, car, truck or pedestrian accident, you may be entitled to bring a legal action for wrongful death against those responible. The Chester Law Group is a Personal injury law firm experienced in wrongful death cases and can guide you through a Personal injury settlement. Your Wrongful death attorney will advise you every step of the way. Call the attorneys at Chester Law Group today to get the help you want from people that you can trust at (800)218-4243 or visit their website at www.ChesterLaw.com.

--Susan Ardizzoni Ph.D.



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In his new consumer handbook, The Insider's Guide to Handling Ohio Accident Claims, author and Ohio personal injury lawyer David M. Chester gives consumers a rare look at the injury claim process in Ohio. From his position as an experienced "insider,” Attorney Chester explains in simple, easy to understand language, what consumers must know to protect themselves while walking in the mine field of dealing with insurance companies.

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