Serious Brain Injuries From Fights


In Jackson, Mississippi, Coxwell & Associates are experienced attorneys who represent people who sustain serious or permanent brain injuries and other types of permanent injuries. Serious brain injuries can occur in so many different situations, and sometimes even in minor accident cases. The term “traumatic brain injury” or intracranial injuries are words often associated with these types of injuries.

Traumatic brain injuries can be confined to a specific area of the brain or can to spread out over various parts of the brain. Traumatic brain injuries can come from auto accidents, falls, football injuries, bike accidents and fights, just to name a few of the common causes. The injuries from any type of accident can be from a direct blow or from the acceleration or deceleration. The accidents can interrupt blood flow to parts of the brain or cause pressure to mount up in the brain. Other times serious accidents can result in tissue tears in the brain.

The symptoms a person experiences may depend on the type of traumatic brain injury they experience. Serious injuries can cause cognitive and emotional changes in the person’s behavior. Several million people each year experience traumatic brain injury due to sports. Soldiers returning from Afghanistan and Iraq who were injured by IED’s and other explosive devices may experience traumatic brain injuries. Sadly, the third common cause of traumatic brain injury in children comes from child abuse.

Recently Coxwell & Associates filed a Federal Civil Action (lawsuit) against a private prison after an inmate obtained a traumatic brain injury during a fight in the prison. This young man was in the wrong place at the wrong time. He got caught between two gangs fighting in the prison and he was beaten, carried up to the second floor, and thrown back down to the first floor. It was surprising he survived. The entire incident was caught on video tape and I will admit to you that it made my skin crawl when I watched the video.

Our lawyers obtained all of the prison medical records and we able to determine from the records that the young man suffered some form of traumatic brain injury which manifested with forgetfulness and an inability to recall past events. Obviously we took this case seriously for this young man. We had a guardian appointed with his father through the court and then continued with the litigation. The company eventually entered into a confidential settlement with the young man and he has been compensation for his harms and losses in the only way available under the law-with money damages. I can tell you both this young man and his family would rather have him back to the way he was before the injury, but we all know that is simply not possible. There is no time machine to correct errors, bad judgment, or a failure to follow the rules on safety.

This was an interesting case because it enabled me to learn so much about traumatic brain injury. What can be so fascinating about some of these injuries is that person suffering the injury can appear completely “normal.” If you were to see the young man walking down the street he would appear on the outside like a perfectly health person. But after you spoke with him for 30 minutes you might start noticing the problem.

There are medical tests and some psychological tests that can be administered that are designed to detect brain injuries. These tests are often used in both civil and criminal cases to search out brain injuries or brain dysfunction. I have also had the occasion to have the psychological tests designed to measure brain damage administered for a serious criminal case I am handlling, but that is a topic for another day.

If you sustain and injury we always, and I mean always, recommend that the person injuried get a full and complete medical check-up or examination. In fact we don’t represent people who get in car wrecks and who want to come in and talk about money as their first topic of conversation. Monetary damages serve a useful purpose in our system of justice. They compensate the injured person in the only form available in our system-money damages. But money damages are for the harms and lossess experienced by the injured person. If you suffer no harms and lossess, then your not going to get big damages.

It is our privelege and pleasure to have had some big cases. It is heartbreaking to see the serious, permanent injuries that we see month to month, but is is satisfying to be able to help some recover through the legal system. That is what we do best.

Merrida Coxwell is the managing partner of Coxwell & Associates, PLLC, a firm of attorneys dedicated to serious accident and injury cases of all types, criminal defense, and consumer protection.

Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.

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