Open Vs Closed Head Injury
Hundreds of thousands of Americans sustain head injuries every year. According to the CDC, around 214,000 of these yearly head injuries result in hospitalizations. Thousands more turn out to be fatal. There are an average of 190 traumatic brain injury-related deaths per day in the U.S.
Traumatic brain injury (TBI) can have lasting consequences, including a lifetime of physical, cognitive, and emotional challenges. When you or someone you love sustains TBI due to someone else’s negligence, you deserve to be compensated for these damages.
At Mandell, Boisclair & Mandell, our head injury lawyers have been fighting for victims of serious injury for nearly 50 years. If you would like to talk to one of our attorneys for FREE, call us at 401-273-8330 to schedule a consultation today.
What Is an Open Head Injury?
An open head injury occurs when an object penetrates the skull and brain tissue, such as may accompany high-impact traumas like gunshot wounds or serious motor vehicle accidents. While the force and nature of an open head injury may cause localized damage, consequences from this type of TBI can extend far beyond the initial impact site, leading to complications including swelling and bleeding.
One of the most pressing concerns with open head injuries is the increased risk of infection. Bacteria and other pathogens can enter open wounds, increasing the risk for conditions including meningitis or brain abscesses. These risks must be thoroughly mitigated to help prevent complications during recovery and rehabilitation.
In addition to preventative measures aimed at stemming infection risks. Medical and surgical management of open head injuries may include emergency surgery, tissue repair, and relieving pressure in the skull. Depending on the extent of damage, it may also be necessary to address fractures in the skull and restore the brain’s protective layers. Unfortunately, while these steps can help prevent infection and stop the damage from progressing, brain damage caused by an open head injury will likely be permanent.
What Is a Closed Head Injury?
A closed head injury occurs when a non-penetrative blow to the head causes the brain to move within the skull. Common as a result of falls, sports injuries, and auto accidents, closed head injuries can cause swelling, internal bleeding, and widespread brain damage.
There are different types of closed head injuries. These include:
- Concussion. The most common type of closed head injury, symptoms of concussion may range from mild confusion and headaches to more severe issues such as loss of consciousness or temporary amnesia.
- Contusion. A bruise on the brain, usually at the site of impact, contusions can lead to swelling and increased intracranial pressure.
- Hematoma. Accumulation of blood within the brain and the skull, a hematoma can compress brain tissue and require surgical intervention to relieve pressure.
- Diffuse Axonal Injury. Caused by the brain shifting or rotating, diffuse axonal injury happens when brain cells are torn. In extreme cases, this can lead to a persistent vegetative state.
The symptoms of closed head brain injury are dependent on the extent and location of damage. Headaches, dizziness, nausea, memory problems, and prolonged loss of consciousness are all possible. These may be accompanied by permanent cognitive and physical difficulties, requiring consistent medical care and forever altering the course of a person’s life.
At Mandell, Boisclair & Mandell, we have close to five decades of experience advocating for people who have suffered brain injury due to medical malpractice, motor vehicle accidents, defective products, and more. We understand the profound impact these injuries can have on every aspect of your life and are committed to providing compassionate and experienced legal support that seeks compensation for all related damages. If you need an experienced head injury lawyer in Providence or a nearby area, call us today for a free case review to learn how we can help.
Open vs. Closed Head Injury: Key Differences
Some of the key differences between open head injuries and closed head injuries are:
- Penetration. Open head injuries involve penetration of the skull and the brain’s protective covering. Closed head injuries do not involve penetration.
- Infection Risks. Open head injuries involve exposed brain tissue. The risk of infection is significantly higher in individuals with an open head injury.
- Symptoms and Complications. Brain injury symptoms can be similar for both closed and open head injuries. However, open wounds may add to treatment complexities.
Both types of injury can result in medical expenses, an inability to work, and forced lifestyle changes. Both can also result in pain and suffering. This is why both deserve the attention of an experienced attorney.
The head injury lawyers at Mandell, Boisclair & Mandell are here to investigate your accident, evaluate the worth of your claim, and help you determine if taking legal action is the best way to seek the compensation your injury demands.
Experienced Head Injury Lawyers
Since our founding over 45 years ago, the law firm of Mandell, Boisclair & Mandell has been representing injured individuals and their families with compassion, strength, and dedication. Understanding the complexities of personal injury law, our proven trial lawyers have secured some of the most significant verdicts and settlements in the state, earning numerous distinctions along the way. Recognized as one of the Best Law Firms in America, several of our attorneys have been included in the national Best Lawyers and Super Lawyer directories, and recognized for excellence in the legal profession by Rhode Island Monthly. When you require effective and verifiable legal representation, our lawyers are here to deliver.
All of our cases come with our No Fee Promise. If we don’t win your head injury claim, you won’t pay our legal fees. This simple guarantee is a reflection of our commitment to helping victims of serious injury get justice and our refusal to add to the stress and financial worries that can accompany debilitating injury. From your initial consultation through the satisfactory resolution of your claim, we will work tirelessly to protect you against unfair treatment as we fight for the compensation you will need to make the fullest and best recovery possible.
Long-term complications of head injury—whether open or closed—can include persistent headaches, cognitive difficulties (like memory loss or trouble concentrating), mood changes, decreased motor function, seizures, vision difficulties, chronic dizziness, and similarly disruptive consequences. Mood disorders, depression, anxiety, and personality changes that can dramatically affect relationships and quality of life are also common after a serious head injury.
The long-term complications of open and closed head injuries can result in tens of millions in expenses throughout a lifetime. These expenses should not fall on the shoulders of victims and their families.
The Providence head injury lawyers at Mandell, Boisclair & Mandell evaluate the full scope of damages caused by TBI. We take every care to ensure the physical, emotional, and financial toll of head injuries is properly addressed, and fight tirelessly to help our clients obtain the full compensation they deserve.
Closed and open head injuries can both result in substantial, ongoing medical expenses—ranging from immediate emergency care to long-term rehabilitation. These can include:
- Hospitalization
- Surgical procedures
- Physical, occupational, and speech therapy
- Neuropsychological evaluations and cognitive assessments
- Medications for mood disorders, pain, and seizure control
- Assistive devices and home modifications
- Continued monitoring, in-home care, and assisted living
When you are already dealing with the consequences of a head injury, these costs can be overwhelming. Many people lack the resources to cover these expenses and, even with insurance offers, may not be able to afford ongoing medical treatment.
At Mandell, Boisclair & Mandell, we proudly stand by victims of head injury in Providence and throughout Rhode Island. We work on a contingency fee basis—meaning we don’t get paid unless you recover compensation. Dedicated to justice, we will do everything possible to secure the best outcome for your case.
To show negligence under Rhode Island law, you generally need to demonstrate:
- Duty of Care. The at-fault party had a duty to act reasonably and responsibly under the circumstances. For example, in a car accident caused by a texting driver, the driver had a duty to avoid distraction and drive responsibly.
- Breach of Duty. The at-fault party violated that duty through unreasonable, careless, reckless, or intentional conduct. In the example above, the breach would be focusing visual, cognitive, and manual attention on a phone instead of operating the vehicle.
- Causation. The breach of the duty of care was a direct cause of your injury. Sticking with the example above would mean proving that the other driver’s distraction was the direct cause of the accident that resulted in your head injury.
- Damages. You suffered measurable losses, such as medical bills and lost wages, along with immeasurable losses, such as pain and suffering, as a result of the injury.
In cases of head injury, gathering robust evidence is essential for supporting your claim for damages. This may include reviewing medical records and police reports, interviewing witnesses, consulting with specialists, conducting depositions, and other tasks best handled by a personal injury lawyer. Trying to establish liability on your own might result in losing the compensation you are entitled to.
The Providence head injury lawyers at Mandell, Boisclair & Mandell have decades of experience investigating accidents that result in harm. We work to ensure all potential causes are unearthed and build strong cases to demonstrate how an accident happened, who caused it, and why damages should be awarded.
Rhode Island imposes a three-year statute of limitations for most head injury cases. Three years is both a lot of time and no time at all. It’s a lot of time to deal with the expenses, limitations, and challenges brought about by a serious head injury. It’s not, however, a lot of time to take legal action. The sooner you get in touch with a head injury attorney, the better your chances of maximizing your recovery and filing within the time limit.
The team at Mandell, Boisclair & Mandell is committed to prompt and thorough case preparation, making sure all deadlines are met. We will work swiftly—without compromising our attention to detail or the personal care you deserve—to protect your rights and options at all times.
The most common type of compensation recovered through legal action is for economic damages. These include all of the actual expenses and financial losses caused by or related to your head injury. Examples of economic damages include:
- Medical and rehabilitation expenses
- Current and projected future wage loss
- In-home care and monitoring
In Rhode Island, there is no cap placed on the amount of economic damages you can seek for head injury.
Another common type of compensation recovered through legal action is for non-economic damages. If you think of “damages” as all of the negative ways an injury has impacted your life, non-economic damages would cover those that don’t have a financial price attached. Examples of non-economic damages include:
- Physical pain and suffering
- Emotional distress
- Diminished quality of life
In Rhode Island, non-economic damages are not capped by statute. This means the amount of compensation you might be awarded will not be limited by arbitrarily set maximums. Instead, your lawyer can pursue every penny you are due.
When calculating your damages, it’s important to consider both the economic and non-economic costs of your injury. The Providence head injury lawyers at our firm go above and beyond in damage assessment to ensure nothing is overlooked. It’s our goal to secure the best outcome so you can make the fullest recovery possible.
There are many personal injury lawyers, but not all of them have experience with head injuries. However, head injury cases are uniquely complex, involving medical diagnoses, potential long-term care needs, financial losses, and often significant lifestyle changes. This makes having an experienced head injury lawyer incredibly important.
Having a lawyer who understands the intricacies of head injury claims helps ensure you are provided the most comprehensive representation. They will know which medical experts to consult, which tactics insurance companies might use to minimize payments, and how to build strong cases and pursue maximum compensation. Most importantly, a head injury lawyer will have experience assisting people living with traumatic brain injuries and will have the insight necessary to provide the most comprehensive support.
At Mandell, Boisclair & Mandell, we have close to five decades of experience helping victims of open and closed head injuries secure fair and full compensation. During your FREE case review, we will happily answer all of your questions and help you determine if we are the right firm for your specific needs.
Schedule Your FREE Case Review Today
To schedule a FREE case consultation with Mandell, Boisclair & Mandell, contact us online or call our Providence office today. Our dedicated head injury lawyers serve individuals and families living in Rhode Island and Massachusetts.
