Each year 230,000 Americans are hospitalized (longer than ER booking) as a result of TBI. Each year 80,000 Americans experience the onset of long-term disability as a result of sustaining a TBI. More than 50,000 people die every year as a result of TBI.

Vehicle crashes are the leading cause of brain injury. They account for 40% of all TBI’s. Falls are the second leading cause of TBI and the leading cause of brain injury in the elderly. In 1990, Congress responded to the reported increase in TBI by amending the Individuals with Disabilities Education Act (PL 101-476) to include TBI as a separate disability category.

If you or someone you know has been injured or suffered Traumatic Brain Injury or TBI, you need the assistance of the Scarlett Law Group. Call(415) 352-6264 today to speak with a California Personal Injury Attorney.

In response to recommendations of the Interagency Head Injury Task Force, Representative Jim Greenwood introduced the first version of the TBI Act during the 103rd Congress. He was later joined by Henry Waxman as lead co-sponsor in the House. Senator Orrin G. Hatch and Senator Edward M. Kennedy introduced similar legislation in the Senate. The Legislation was re-introduced in the 104th Congress and signed into law as PL 10-166 on July 29, 1996. This Legislation provides for CDC surveillance of occurrence and cause of TBI (hence the statistics above), as well as development of medical treatment and prevention. Grants and other public funding mechanisms are also included in the legislation. In introducing S-96 on January 4, 1995, Senator Hatch stated: “Sustaining a traumatic brain injury can be both catastrophic and devastating. The financial and emotional costs to the individual, family, and community are enormous. Traumatic Brain Injury is the leading cause of death and disability among Americans under the age of 35. In the State of Utah, for example, the main affected age is 28, which is often the beginning of an individual’s maximum productivity….”

Senator Kennedy’s introductory statement included the following: “In 1988, Congress recommended the Secretary of Health and Human Services establish an Interagency Head Injury Task Force to identify gaps in research, training, medical management, and rehabilitation. This legislation responds to the prevention, research, and service needs identified by the Task Force. This Bill will promote coordination in the delivery system and assure greater access to services for victims suffering from the disabling consequences of these injuries. By improving the quality of care, we can reduce severely the disabling effects and reduce the heavy toll from these injuries”.

Unfortunately, while this legislation may help, the public (taxpayer) cannot foot the entire bill resulting from these injuries, especially where the injury results from the negligent or intentional wrongs of another. Moreover, due to advances in medical technology, especially in the diagnostic areas of medicine (PET, MRI, etc.), brain injury is likely to be diagnosed at greater rates than ever before. It is not necessarily that there are more brain injuries occurring today, but due to poor diagnostic capabilities in the past, these injuries were simply overlooked, and unfortunately, left untreated for the most part.

The Scarlett Law Group is involved with virtually all levels of the problem. From representation of injured victims, and their family, to community education and outreach, the Scarlett Law Group is committed to victims of TBI and their family.