Reasons Seniors with TBIs Should Hire a Philadelphia Brain Injury Attorney

6 min read

A final reason for hiring a personal injury attorney who specializes in brain injuries is because seniors need compensation at the highest level when accidents occur.

Would you be surprised to learn that the majority of all traumatic brain injuries (TBIs) happen to seniors? Would you be further surprised to learn that most of the seniors who incur traumatic brain injuries are not compensated when another party is responsible for those injuries? The reasons to hire a Philadelphia brain injury attorney when your loved one receives such an injury stack up quickly when reviewing the facts about traumatic brain injuries.  

According to the National Library of Medicine, seniors over the age of 60 are approximately thirty percent more likely to experience TBIs than individuals under the age of 60. Further, the majority of those who experience a TBI do so from a standing height, which indicates a degree of potential for traumatic brain injuries that is higher in comparison to younger individuals who may be able to move or make physical adjustments to lessen the injury even as it is occurring. 

When a senior has experienced a traumatic brain injury as a result of an accident or event for which they are not responsible, there are multiple reasons to hire a highly-skilled brain injury attorney. Examining each of these reasons may assist in determining your next steps and, more than that, provide solutions to improve the life of your loved one who has experienced a TBI. 

One of the most important reasons to hire a personal injury attorney who specializes in traumatic brain injuries is built on the excellent wealth of knowledge the attorney will carry regarding falls, blows to the head, contact injuries and a variety of other types of accidents that result in traumatic brain injuries. A personal injury attorney with expertise in TBIs can also offer an understanding of medical terminology, surgical findings, and other clinical aspects of traumatic brain injuries, which increases the platform width from which the attorney can seek compensation for the TBI event. 

Greater background knowledge and a depth of overall understanding of TBIs by a brain injury attorney offers the injured and loved ones a high degree of assurance that the outcomes will be based on the skill and comprehensive knowledge of the attorney. For these reasons alone, a brain injury attorney who specializes in TBIs carries credentials that are specialized to the questions and issues that will arise in TBI cases.  

Seniors carry some additional factors that, unfortunately, work against them when they’ve suffered a traumatic brain injury. These factors may include cognitive decline, which translates to a lack of awareness in situations that could arise and result in an accident. This is the major reason most traumatic brain injuries suffered by seniors are not compensated, nor are they recognized, as seniors may simply not know what happened when they received the injury. 

For example, when a restaurant has a slippery, wet mat by the front door during a storm, a senior might see the floor mat, but not recognize immediately that the floor mat is slippery and could present a danger. Stepping on that mat and sliding to the floor may result in multiple injuries for that senior; particularly to the brain, if one’s head hits a table, a chair, or the floor during the fall. After the event, the senior may not remember the accident and be unaware of an injury until or unless pain is evident.

Another factor that contributes to the need for a brain injury attorney is the senior memory that may recall events from forty years ago, but not an event that occurred forty minutes ago.

Brain injury graphic; image courtesy of Mohamed Hassan, via

“Short term memory loss” occurs because the brain has lost some capacity to remember recent alerts, while the “bank of memories” from 40 years ago may be clearly defined. A brain injury attorney understands short-term memory loss, recognizes that a TBI may add to it, and utilizes these facts while connecting them directly to a personal injury case. If a senior who has suffered a TBI cannot offer a clear explanation of the events leading up to the injury, a personal injury attorney is sometimes able to reassemble the facts of the injury event itself with the information the senior is able to provide. 

Other physical limitations carried by seniors, such as the eyesight of a senior, may contribute to accidents that can cause TBIs, resulting in the reason to contact a brain injury attorney. When objects are large or bulky, placed in a precarious position, or otherwise in an unlikely manner, seniors can easily have an accident. These combinations of medical and cognitive limitations can easily hamper the ability of a senior to fully describe a personal accident, which indicates an even higher degree of need for an attorney experienced in TBIs. 

A brain injury attorney carries an extensive background and thorough knowledge of traumatic brain injury subject matter. Often, the experience and knowledge of the attorney again come into play, as the attorney can assist in defining the extent of personal limitations after the event versus before the event and how that result will add to any disabilities already in place. For example, a senior may have had a prior hearing loss that was at a low-level, minimal stage. Receiving a blow to the head resulted in a primary TBI with a physical disability and, secondarily, the TBI created an increased hearing loss of eighty percent of hearing capability. In such a case, the brain injury attorney may choose to not only offer for compensation the primary results of the TBI, but offer the secondary results of other injuries, as well. 

A final reason for hiring a personal injury attorney who specializes in brain injuries is because seniors need compensation at the highest level when accidents occur. Their injuries are often more serious and continue for longer periods of time simply due to their age and fragility. Recovery for a senior may involve an extended stay in a rehabilitation facility, as well as physical therapy and on-going medical care. A permanent caregiver may be required as a result of a TBI. Additional medical attention for secondary injuries may also be needed. An accomplished brain injury attorney recognizes all these facts and will help ensure compensation is both comprehensive and continuing, as necessary. 

When looking for a brain injury attorney for a senior, contact one who has a wide and deep background of knowledge of seniors and TBIs, as well as compassion and understanding for the difficulty of this strata of our society. Wishing you the best! 

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