Traumatic Brain Injury Lawyer

Traumatic Brain Injury: What Is It?

The Brain Trauma Foundation defines TBI as “when the brain is damaged by a sudden trauma, frequently a blow or jolt to the head.” A stroke, an infection of the brain, or a brain tumor are not considered to be TBIs.

An extensive spectrum of disorders is covered by the term “traumatic brain damage.” They can range from a slight concussion that causes just brief symptoms of confusion and headaches to a more serious injury that leaves the victim in a long-term coma or even causes death. TBIs are classified as either mild, moderate, or severe, but the recovery process is difficult to predict as it varies per person.

• According to the Centers for Disease Control (CDC), 1.7 million catastrophic brain injuries occur annually. Around 30% of all injury-related fatalities nationwide are caused by this.
• The California Department of Health reported that traumatic brain injuries (TBI) were related to 17,528 hospitalizations in 2020 and over 15,000 emergency department visits for elderly victims
• Although anyone can have a brain injury, those who are 75 years old or older are at an extremely high risk. Among youngsters aged 19 and under, studies have demonstrated an increase in concussions or other traumatic brain injuries. Sports or other leisure activities are largely to blame for the increase.

Establishing the Value of Your California Traumatic Brain Injury Claim

Remember that every case is different, and the value of a TBI claim might change significantly depending on the specific facts of the case. Our traumatic brain injury lawyers will use their knowledge of California personal injury law to help determine the value of your claim.

This may include:

• Pain and suffering
• Emotional anguish
• Lost income
• Lost earning potential
• Loss of companionship
• Healthcare costs

Typical TBI Cases Managed By Our Firm

There are countless ways that a traumatic brain injury (TBI) can happen, however, our firm has successfully represented TBI victims following the following sorts of TBI accidents:

• Slip and fall accidents 
• Contact with an object
• Motor Vehicle collisions
• Intentional self-harm
• Violence
• Sports and recreation activities
• Bicycle crashes
• Construction site injuries
• Workplace accidents
• Product liability cases

If you or someone that you know has suffered a traumatic brain injury as a result of any of the above scenarios or other accident types, visit a doctor immediately. After you are in a stable place to recall the details of your accident, our California personal injury attorneys are available to assist you. 

Ask a Lawyer: Traumatic Brain Injury FAQs

Every accident or injury that causes suffering for you or a loved one can be distressing. Getting healthier and returning to your life should be your top priority during this trying moment. This, however, can be difficult, particularly after a traumatic brain injury.

With any personal injury, concerns about the next phase of healing and how to pay the expenses may surface. Working with a traumatic brain injury attorney who can handle the intricate legal aspects of your California brain injury claim is one approach to keeping your attention on your recovery.

To help you make an informed decision, we’ve put together a list of frequently asked questions (FAQs) about TBI accident cases:

How Can I Tell If I’ve Suffered a TBI?

See a doctor if you want to find out if you’ve had a traumatic brain injury because sometimes the symptoms are delayed. The best course of action if you recently engaged in an activity or had an accident where your brain might have been injured is to contact your doctor right away to receive a thorough evaluation. TBIs can have long-term consequences if left untreated.

But, there are additional signs that you, your family, and your friends should be aware of that could point to a TBI. Some signs are easier to see than others, but if you notice any of the following symptoms, call your doctor right away:

• Nausea or vomiting
• Sudden fatigue
• Changes in sleep patterns
• Difficulty speaking
• Loss of consciousness
• Feeling disoriented and confused
• Sudden headaches
• Confusion
• Sudden mood changes
• Agitation
• Depressed thoughts
• Dizziness
• Seizures
• Weakness or tingling in fingers and toes
• Loss of coordination

How Can I Have a TBI If My Head didn’t Hit Anything?

The most typical misconception regarding a TBI is the idea that a head injury requires the victim to have been struck. That is flat-out untrue.

The fluid that surrounds the brain as it rests inside your skull shields it from the cranial bone, which is hard. A TBI often occurs when the force with which your brain impacted this bone resulted in damage. We frequently imagine the force as coming from a car accident in which your head bangs against the steering wheel or dashboard.

Imagine, however, that someone were to hit your car from behind, sending both your body and vehicle forward. Yet your head quickly begins to rock backward in the direction of the collision.

This kind of car accident frequently causes whiplash, and whiplash can result in TBI even when there isn’t direct contact with the head. Even though your head didn’t hit anything, a TBI is nonetheless caused by your brain slamming into your skull as a result of your body moving quickly.

What Are My Chances of Winning My TBI Accident Claim?

You would need to be able to demonstrate particular components of a California brain injury claim in order to hold someone liable for your injuries:

1. The other party had a duty to act in a reasonably safe way
2. The other party failed or breached that duty
3. Their failure resulted in an accident
4. The accident caused your TBI

These factors might be easy to demonstrate, but depending on the circumstances of your injuries, it might be difficult. Because of this, it may be beneficial to consult with a knowledgeable and experienced TBI lawyer who can help you navigate the difficult California brain injury claims procedure.

How Long do I Have to File a Traumatic Brain Injury Lawsuit in California?

It is understandable that you might not feel sufficiently energized to concentrate on a legal claim right away if you have recently experienced an injury. However, it is crucial to remember that the longer you wait, the more probable it is that you will have to cover your medical costs out of pocket rather than hold the responsible party accountable.

In California, TBI accident victims have two years from the date that their injuries occurred to file a compensation claim. There are exceptions to this that should be discussed with your TBI legal team, as certain jurisdictions may impose different deadline exemptions.