Chiari Malformation after an Accident Lawsuit Attorney

A Chiari malformation, also known as cerebellar ectopia or chronic tonsillar herniation, is a defect in the cerebellum, which is the part of the brain that extends into the spinal canal. When a patient has a Chiari malformation, there is a herniation in the cerebellum that blocks the flow of spinal fluid to the brain. This herniation can also cause a cavity in the spinal cord that may need to be repaired through surgery.

Most Chiari malformations are congenital defects, meaning that the patient is born with the condition. For many years, it was believed that the herniation made itself present shortly after birth. Or, the symptoms would only manifest later in life when the patient had suffered a traumatic injury. But there is growing evidence to suggest that traumatic accidents like car crashes can cause the malformation in patients who were not born with the condition. This is why medical intervention is crucial right after an accident, though it may take some time before the patient can be diagnosed with a Chiari malformation.

Though scientists are still studying the link between traumatic injuries and Chiari malformations, it’s clear that the condition results in long-term consequences to your health. If your Chiari anomaly is linked with a recent accident, you may have a case for monetary compensation. However, it’s more than likely that the insurance company will push back against your claim. Strong and aggressive legal representation is the best way to ensure an adequate settlement, so please contact Normandie Law Firm as soon as possible.

How do I know if I have a Chiari Malformation?

Aches and pains are to be expected after an accident, so what sets a Chiari malformation apart from any other injury? This is not an easy question to answer, as the most common symptoms of a Chiari malformation are neck pain and headaches. These are not alarming symptoms as a general rule, so many people, including doctors, tend to ignore them. However, you may have a Chiari malformation if your headaches and neck pain are accompanied by the following symptoms:

• Nausea
• Difficulty swallowing
• Feeling dizzy or lightheaded (especially after coughing or sneezing)
• Loss of balance
• Loss of fine motor skills
• Change in heart rhythm (slower or faster than normal)
• Speech problems
• Respiratory issues
• Sleep apnea
• Vomiting / choking
• Tinnitus (chronic ringing in the ears)

These are just some of the symptoms, by the way, which is why early medical intervention is so important. You must also find out about your rights and legal options by speaking with an experienced car accident lawsuit attorney. There is no cure for a Chiari malformation, which means you will need lifetime treatment to manage the symptoms. Financial compensation will help you pay for treatment and cover many other losses that you will incur as a result of your accident.
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Chiari Malformation after a Car Accident

Car crashes are one of the most traumatic accidents that you can suffer, whether you’re a motorist or a pedestrian. One of the most common injuries associated with car accidents is whiplash, which occurs from sudden and forceful movements of the head and neck. For example, if you’re rear-ended by another driver or you’re forced to brake suddenly, your head and neck will jolt forward and bounce back with excessive force.

The possibility of a Chiari malformation is even greater in a truck accident, considering the vehicle’s weight and size. The resulting trauma can lead to serious brain and spinal injuries, including a Chiari malformation. The same can be said for motorcycle accidents, where the rider can be throw off their bike and hit the pavement or another car.

The last category of car collision we’ll talk about is pedestrian accidents, where someone that’s traveling on foot is hit by a vehicle. In this case, the victim has no protection at all from the impact of the vehicle, making them highly susceptible to severe, long-term injuries. A Chiari malformation is certainly possible in this situation, especially if there were injuries to the head and neck.

Chiari Malformation after a Slip and Fall

Most people don’t think of falling down as the cause of serious injury, but fall-related incidents are the second leading cause of fatal accidents, according to the World Health Organization (WHO). It’s not surprising, considering that slip and falls often result in:

• Concussion
• Hemorrhaging in the brain
• Hematoma (pooling of blood outside the blood vessel)
• Whiplash
• Spinal cord damage

As we mentioned, there are various studies showing the link between Chiari malformations and trauma to the head and neck. Thus, it’s possible that a slip and fall accident can lead to the development of a Chiari malformation.

Chiari Malformation from a Brain Injury

It’s important to note that any traumatic injury to your head and neck can cause the development or awakening of a Chiari malformation. Traditionally, it was believed that there was no link between accident-related brain injuries and Chiari malformations. But more and more doctors are reporting incidents of Chiari malformations from brain injury, which are often associated with:

• Trip and falls
• Falling objects
• Assault and battery
• Defective product injuries
• Bike riding accidents
• Horse riding / bull riding accidents
• Accidents on amusement park rides

These are just some of the accidents that can cause brain injury, as well as whiplash. These are the two main causes of trauma-related Chiari malformation, so it’s important to get tested as soon as you detect any symptoms. Testing usually involves MRIs and CT scans, and there is growing evidence that standing MRIs (instead of lying down) are more effective in detecting Chiari anomalies in patients who have recently had an accident.

Even after a diagnosis of Chiari malformation, it’s likely that the insurance company will deny your injury and attempt to blame it on something else. They may even try to minimize the extent of your injury and pressure you in to a low settlement. Skilled legal representation is the key to overcoming these tactics and recovering a fair amount of compensation. If you’re interested in starting a compensation claim, or need assistance with a pending claim, contact our office and schedule a free consultation with one of our attorneys.

What are the Consequences of a Chiari Malformation?

Fortunately, Chiari malformations are not life-threatening in most cases, though you will have symptoms for the rest of your life. If you have what’s known as Type 1 Chiari malformation, you may develop one of the following complications:

• Syringomyelia

Patients with this condition suffer from the formation of a cyst in their spinal cord, which is filled with fluid. Syringomyelia is a chronic degenerative condition that can lead to numbness, stiffness, and pain in the back, arms, shoulders, and legs. Other symptoms include sweating, headaches, loss of bladder or bowel control, sexual dysfunction, and inability to detect temperature changes.

• Hydrocephalus

This condition is characterized by a buildup of fluid in the brain cavities. The resulting pressure on the brain can cause headaches, fatigue, vision problems, loss of coordination, bladder control issues, and loss of cognitive faculties like memory and concentration.

• Seizures

Doctors are still divided on the issue of whether a patient can develop seizures due to a Chiari malformation. However, there are researchers who have pointed to a number of Type 1 Chiari malformation patients that struggle with seizures, and believe that it warrants further study.

There are various options for the treatment of a Chiari malformation, which will depend on the patient’s symptoms. Surgical procedures, such as decompressive surgery, may be recommended in the most extreme cases. However, many patients find relief from less invasive methods like spinal adjustment by a chiropractor. Your doctor will help you choose the best course of treatment and advise you on how to manage your symptoms on a day-to-day basis.

Can I sue for a Chiari Malformation Injury?

You may have a case for monetary and emotional damages if you were diagnosed with a Chiari malformation following a car crash, slip and fall, or any other accident. The challenge is proving that the malformation resulted from your accident, which the insurance company will fight hard to deny. We know the type of arguments they’ll make in order to deny your claim, which is why we investigate the following factors in a Chiari malformation injury claim:

• Did you have symptoms of a Chiari malformation before the accident?
• Did the accident cause injuries to your head and/or neck?
• Did your symptoms manifest within 6 months of the accident?
• Do you have another medical condition that can better explain your symptoms?

There are various steps we will need to take in order to prove these elements, such as medical assessments and testimony from expert witnesses. That way, we can build a case that’s strong enough to put before a jury. Though it’s unlikely that your case will go to trial, insurance companies are generally more cooperative when there’s solid evidence from medical experts. This will hopefully result in a settlement without court intervention, but we are more than prepared to fight for your damages in court if necessary.

What kind of Damages can I Receive from a Lawsuit?

A personal injury lawsuit will allow you to recover a variety of economic and non-economic damages. These damages may include:

• Medical expenses
• Lost wages / lost earning capacity
• Pain and suffering
• Emotional distress
• Loss of consortium
• Loss of enjoyment of life
• Property damage
• Legal fees
• Punitive damages

The types of compensation you’re entitled to will depend on the extent of your injuries and their effect on the lives of you and your family. These factors differ from person to person, so you’ll need to speak with a lawyer to figure out which damages you can ask for. Our attorneys are here to answer your questions and help you take the necessary steps to recover your losses.

Contact a California Personal Injury Attorney

Our understanding of diseases and how they affect our body is changing all the time, which is why there are no absolutes in the world of medicine. But you can’t tell that to insurance companies, who are looking for any possible reason to deny your claim, Even when they do pay you, they’ll do everything they can to minimize their liability, including blaming you for the accident. Sadly, this is often the case for victims who develop Chiari malformations shortly after their accident. The insurance company automatically assumes that it’s a pre-existing condition and will refuse to pay on a claim.

If you are one of these victims, please give us a call and learn about your rights and legal options from one of our attorneys. Post-accident Chiari malformations are challenging to prove, but we can build a solid case on your behalf and bring you the settlement you deserve for your suffering. We are prepared to take your case all the way to trial if need be, but you won’t have to worry about any of our legal fees. Our Zero fee guarantee means that you will never pay upfront when you retain one of our attorneys. We recover our fees by winning your case, and if we don’t win, we eat the costs and you walk away without paying us a penny.

To learn more about suing for a Chiari malformation injury, contact the lawyers of Normandie and schedule a free case evaluation.