Legal Representation for Closed Head Injury Victims
A closed head injury occurs when the brain is damaged by a blow or jolt to the head without the skull being fractured or penetrated. Closed head injuries are the most common form of traumatic brain injury, accounting for the vast majority of TBI cases seen in emergency departments. According to the National Institute of Neurological Disorders and Stroke (NINDS), closed head injuries range from mild concussions to devastating diffuse axonal injuries that leave victims permanently disabled.
At Roden Law, our closed head injury lawyers represent victims across Georgia and South Carolina who have suffered brain damage from blunt impact, acceleration-deceleration forces, or rotational forces — even when the skull appears intact. These cases present unique diagnostic and legal challenges because the absence of visible skull damage leads insurance companies to dispute the severity of the brain injury.
Types of Closed Head Injuries
Closed head injuries encompass several distinct types of brain damage:
- Concussion: The mildest form, involving temporary disruption of brain function
- Contusion: Bruising of brain tissue, often at the point of impact (coup) and the opposite side (contrecoup)
- Diffuse axonal injury (DAI): Widespread tearing of nerve fibers from rotational forces, one of the most destructive forms of TBI
- Epidural hematoma: Bleeding between the skull and the outer brain membrane (dura mater)
- Subdural hematoma: Bleeding between the dura mater and the brain surface, which can be acute or chronic
- Subarachnoid hemorrhage: Bleeding in the space surrounding the brain
- Intracerebral hemorrhage: Bleeding within the brain tissue itself
Common Causes of Closed Head Injuries
Closed head injuries are caused by sudden acceleration, deceleration, or impact forces acting on the brain:
- Car accidents: The brain strikes the inside of the skull during rapid deceleration
- Truck accidents: The massive forces involved cause severe closed head injuries
- Slip and fall accidents: The head striking the ground or a hard surface
- Motorcycle accidents: Even with helmets, rotational forces can cause diffuse axonal injury
- Sports and recreational accidents: Impacts during contact sports and activities
- Workplace accidents: Being struck by falling objects or equipment
The Coup-Contrecoup Mechanism
A hallmark of closed head injuries is the coup-contrecoup mechanism. When the head is struck or suddenly stops, the brain impacts the skull at the point of force (coup injury). The brain then rebounds and strikes the opposite side of the skull (contrecoup injury). This double impact can damage multiple areas of the brain simultaneously. In severe cases, the rotational forces tear the brain’s nerve fiber connections (axons), causing diffuse axonal injury — one of the most common causes of unconsciousness and persistent vegetative states after TBI.
Diagnosing Closed Head Injuries
Closed head injuries are diagnosed through a combination of clinical evaluation and imaging. Standard CT scans detect bleeding and large contusions but may miss subtle injuries. MRI provides more detailed imaging of brain structures and is better at detecting contusions and smaller hemorrhages. Advanced imaging including DTI (diffusion tensor imaging), SWI (susceptibility-weighted imaging), and fMRI can reveal diffuse axonal injury and microhemorrhages invisible on standard scans. These advanced techniques are often critical for proving the existence and severity of a closed head injury in a legal claim.
Georgia and South Carolina Legal Standards
Closed head injury claims in Georgia are governed by the state’s negligence and personal injury statutes, including the modified comparative fault rule (O.C.G.A. § 51-12-33) allowing recovery if less than 50% at fault, and a 2-year statute of limitations (O.C.G.A. § 9-3-33). South Carolina allows recovery if the victim is less than 51% at fault, with a 3-year statute of limitations (S.C. Code § 15-3-530). In both states, expert medical testimony from neurologists and neuroradiologists is essential to proving the nature and extent of a closed head injury.
Damages in Closed Head Injury Cases
Closed head injury victims may recover compensation for emergency medical treatment, hospitalization, and surgery, neurological and cognitive rehabilitation, ongoing medical monitoring and medication, lost wages and diminished earning capacity, pain and suffering, cognitive and emotional impairment, and loss of enjoyment of life. The damages in closed head injury cases vary enormously depending on whether the injury resolves or leads to permanent impairment. Our attorneys work with medical experts to project the full scope of current and future losses.
Why Choose Roden Law for Closed Head Injury Cases
Our attorneys understand the medical complexity of closed head injuries and the diagnostic challenges these cases present. We work with leading neurologists, neuroradiologists, and neuropsychologists to document the injury and its impact. We know how to counter insurance company arguments that dismiss closed head injuries as “invisible.” Contact us for a free consultation — no fee unless we win your case.