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What is Your Case Worth? Injury and Accident Lawsuit Information



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Adult Brain Injury

Injury is the leading cause of death among Americans under 45 years of age and brain injury is responsible for the majority of these deaths. In the adult population (ages 22-65 years of age) motor vehicle crashes are the leading cause of brain injuries. Alcohol is a significant factor in the occurrence of brain injury. More than 50% of persons with brain injury were intoxicated at the time of injury

Causes

Motor Vehicle Accidents

Impaired Driving

According to the National Clearinghouse for Alcohol and Drug Information (NCADI), within a 12-month period, an estimated 46.5 million drivers (28.5%) in the United States used alcohol and/or drugs within two hours prior to getting behind the wheel of a car.

According to this NCADI study, driving after alcohol consumption was most prevalent in adult drivers ages 21-49. Adults ages 21-34 accounted for 29% of drivers who drove a motor vehicle after alcohol consumption and those ages 50 and older accounted for 17%. Impaired driving is so dangerous because it slows reaction time, alters judgment and affects alertness and coordination.

Preventing Impaired Driving

  • Support the enactment of laws that will reduce impaired driving
  • Encourage police to be proactive in the enforcement of laws prohibiting people to drive while under the influence of alcohol
  • Support primary seat belt laws, as they have been proven to reduce brain injuries
  • Support the efforts of groups such as Mothers Against Drunk Driving (M.A.D.D.) that are attempting to reduce and prevent impaired driving

Brain Injury And The Elderly

Each incidence of brain injury is unique, requiring individualized treatment, therapy and rehabilitation. Methods of brain injury treatment depend on several factors including: degree of severity, source of injury, pre-injury health and age.

While a four-year-old girl and her grandfather may sustain the same type of brain injury, the treatments and outcomes are vastly different. There are physical changes in older individuals that make their brains more vulnerable to injury and reduce their chances to recover.

Generally speaking, older individuals have longer hospital stays, take longer to recuperate, need more time and effort to reach the same level of recovery that younger individuals attain and often have a less positive prognosis, recovery and outcome.

Studies have shown that the incidence of brain injury goes up sharply after age 70.

Falls

People over the age of 65 have a very high rate of injury due to falls. In fact, falls are the leading cause of brain injury in the elderly. There are several factors that contribute to the great danger of falls to older individuals, including:

  • Some elderly people take medications that may affect perception and/or balance, therefore increasing the risk of falling
  • Many individuals over the age of 65 also may have other medical conditions, apart from a brain injury, that make falls likely (i.e., visual limitations, orthopedic problems)
  • External factors associated with falls among the elderly include a history of one or more prior falls, lack of exercise, improper footwear and hazards in the home

Preventing Falls

Even older people (ages 65 and up) should exercise regularly, as daily physical activity will increase a person’s strength and sense of well being. There are many exercises that improve balance, and health care providers can guide individuals to the exercise program that is best for them.

Another important preventative measure is home safety checks. During these checks, items that may pose potential trip hazards like magazines and shoes should be removed from stairs and all walking areas. Frequently used items should be stored in easy-to-reach places where using a step stool or chair is not necessary. Improved lighting in the house can help elderly people see better and reduce falling. Handrails and lights should be installed on all stairs and outside areas, as well as bathrooms.

Motor Vehicles and Elderly Drivers

According to the National Highway Traffic Safety Administration (NHTSA), today’s senior citizens are mobility-minded and electing to drive longer.

Some older drivers, however, are unable or unwilling to correctly assess their driving capabilities to continue operating a motor vehicle safely. Changes in visual acuity, ability to focus on daily occurrences, reaction time, coordination under stress and ability to effectively react to stress-related situations are common factors in the aging process.

The changes in driving habits that occur as a result of aging can be directly attributed to physical changes.

Preventing Motor Vehicle Injury

Elderly individuals that have difficulty driving can be referred to a local assistance agency that can coach and counsel them on safe driving habits

Elderly individuals should be encouraged to reduce the amount that they drive and the conditions they drive in (i.e. nighttime, inclement weather, interstate driving)

Pedestrian Accidents

According to NHTSA , older pedestrians (age 70 and older) had the highest pedestrian fatalities in 1995, accounting for approximately 18%.

The pedestrian fatality rate among this group was higher than that of any other, with the second highest pedestrian fatality rate coming from the next older group of 55-to 64-year-old individuals (NHTSA, 1996).

Factors contributing to these pedestrian casualties include:

  • A lack of pedestrian safety practices,
  • Improper pedestrian behaviors,
  • The physical impairments of many elderly walkers and
  • Alcohol involvement of driver and/or pedestrian

Preventing Pedestrian Injury

To prevent pedestrian injury and death, people should remember to:

  • Use sidewalks. If no sidewalk is available, walk in the street facing traffic
  • Cross only at intersections and crosswalks. Never cross the street between parked cars
  • Look left, right and left again for traffic before stepping off of the curb
  • Walk where you are visible to drivers
  • When walking after dark, always wear reflective clothing

Outcome After Adult Brain Injury

The adult with a brain injury is unique not only in comparison with younger and older individuals, but also to other adults with brain injuries.

Each person’s recovery process, outcome and family are different and unique. Investigations of outcome on adults with severe brain injury have documented persistent cognitive, academic and behavioral impairments.

Following brain injury, deficits in function are likely in wide-ranging areas involving everyday skills that require differing degrees of mental alertness, information processing, planning, execution and mental monitoring of daily actions.

Owing to the different methods used to grade severity of brain injury and the lack of reliable outcome studies, however, it is not possible to accurately predict outcome in adults with brain injury.

Elderly Brain Injury

Most of the knowledge about outcome in older individuals with brain injury comes from studies involving age groups.

These studies have documented the effect that increasing age has on poorer outcomes and increasing deaths. The majority of these studies show a poorer prognosis for the older than the younger adult, with a correlation noted as young as 40 years.

Above Information supplied by Brain Injury Association of America www.biausa.org

For more information, please see the following related pages on our website:
Brain & Spinal Cord Injuries
Child Brain Injury
Teenage Brain Injury
Brain Injury FAQs
Brain Injury Effects
Brain Injury Legal Glossary

Additional Resources

U.S Department of Health and Human Services National Clearinghouse for Alcohol and Drug Information
P.O Box Box 2345
Rockville, MD 20847-2345
Phone: 1-800-487-4889
Hablamos español: 1-877-767-8432
Fax: (301) 468-6433
Web site: http://www.health.org

National Highway Traffic Safety Administration (NHTSA)
National Organizations for Youth Safety
400 7th Street
Washington, DC 20590
Phone: (800) 424-9393
Web site: http://www.nhtsa.dot.gov

American Academy of Neurology
1080 Montreal Avenue
St. Paul, MN 55116
Phone: (800) 879-1960
Fax: (612) 695-2791
Web site: http://www.aan.com

Lash & Associates Publishing and Training
708 Young Forest Drive
Wake Forest, NC 27587
Phone: (919) 562-0015
Web site: http://www.lapublishing.com

Our Results
We thank our co-counsel and clients for the confidence they have placed in our personal injury attorneys. Successes such as these have helped bring dignity to the lives of our clients:
  • $20.6m Verdict for brain-injured man hit by a thrown hammer.
  • $6.0m Recovery for man who suffered brain injury and paralysis after collision with Blood Mobile.
  • $5.0m Verdict against contractor for drowning of child.
  • $4.9m Verdict for the family of a 23-year old woman killed in a tractor-trailer accident.
Press Release
  • The Florida Association of Criminal Defense Lawyers-Miami Chapter Celebrates 45 Years of Success. Read More
  • Daniel G. Williams was recently named a shareholder in the law firm of Gordon & Doner. Read More
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