Los Angeles Traumatic Brain Injury Lawyer
Many accident victims suffer severe traumatic brain injuries due to another person's carelessness or negligence. This serious injury can happen in different situations, such as car accidents and slips and falls.
While there might not be any visible signs of this injury, it can affect nearly every area of your life. Victims of traumatic brain injuries often require extensive medical treatment and ongoing therapy. In the most severe cases, victims could suffer from permanent disabilities.
The brain is arguably the most critical organ in our body—and in some ways, the most fragile.
Even a seemingly minor blow to the head can cause a traumatic brain injury, or TBI, and if not correctly diagnosed and treated, a TBI can result in lasting damage, long-term impairment, or even death. TBIs affect nearly 3 million Americans yearly, resulting in over 64,000 deaths annually.
Many brain injuries are purely accidental or result from high-risk activities. Car accidents and sports injuries are prevalent causes, along with falls from a height.
In California, if you suffer a TBI caused by someone else's negligence, you can recover damages to cover the costs of treatment, recovery, loss of income, and more. An experienced Los Angeles traumatic brain injury attorney can determine the actual cost of your losses and work to help you receive the compensation you need.
At Injury Justice Law Firm, we represent victims of personal injury accidents and help them pursue the compensation they are entitled to receive after an accident. We know how traumatic brain injury can affect your quality of life. Therefore, we offer a free consultation to review the accident details at (818) 781-1570.
What Are the Specific Types of TBIs?
TBIs are commonly categorized in one of two ways. First, an open-head injury involves a penetrating injury to the skull, such as in a car accident or a fall from a height.
A closed-head injury occurs when the brain is damaged by impact against the skull, but the skull is not broken. Open-head injuries are severe and life-threatening, but closed-head injuries can be just as serious because symptoms don't always present themselves right away.
Concussions. The most common type of TBI, a concussion, occurs when an impact causes the brain to move around inside the skull, causing bruising and tissue damage. Concussions can heal on their own with rest, but more serious concussions may also have lingering symptoms that last for months— and repeated concussions may result in lasting brain damage.
Contusions. A contusion is a bruise on the brain caused by direct impact. Contusions can be severe if they occur in some brain regions, such as the temporal lobe (which controls memory) or the frontal lobe (which controls reasoning and judgment).
Hematomas. A hematoma is a collection of blood outside the blood vessel and can occur inside the skull after a blow to the head. Hematomas are particularly dangerous because they can pressure the brain, causing damage.
Skull fractures. A skull fracture is a break in the bones of the skull and can occur along with other types of TBIs. Skull fractures are serious because they can cause bleeding and pressure on the brain.
Diffuse Axonal Injury. One of the most serious types of TBI, diffuse axonal injury (DAI), occurs when the impact of a blow to the head causes the brain to twist or tear. DAI can result in lasting damage or even death.
Penetration injuries. Penetration injuries occur when an object penetrates the skull and enters the brain. These types of injuries are severe and often fatal.
What Are the Signs of a Traumatic Brain Injury?
While many TBIs (like minor concussions) may fully recover, more significant brain injuries can cause long-term problems such as memory loss, speech difficulties, paralysis, and other impairments. In some cases, TBIs can result in coma or death.
Many people suffering from TBI will require hospitalization and surgery and may need ongoing medical treatment, rehabilitation, and assistive care.
The treatment costs can be high, and if the TBI victim cannot return to work, they and their family may suffer a serious loss of income.
TBIs can also cause emotional and psychological problems like depression, anxiety, and post-traumatic stress disorder (PTSD).
Some of the common symptoms that traumatic brain injury victims experience include the following:
- Disorientation and confusion;
- Problems with their vision;
- Chronic fatigue;
- Ringing in the ears:
- Memory loss;
- Mood swings;
- Unable to retain new information;
- Slurred speech;
- Trouble sleeping;
Proving Liability for a TBI
In California, if you suffer a TBI caused by someone else's negligence or wrongdoing, you may be able to file a personal injury lawsuit to recover damages.
To succeed in a TBI lawsuit, you must show that the defendant owed you a duty of care, breached that duty, and that their breach was the direct cause of your injuries. In other words, to establish negligence, there are different steps, such as the following:
- Duty of care means we must act with the same reasonable care and skill that a prudent person would in the same situation, such as obeying traffic laws and slowing down during bad weather;
- Breach of duty of care means you show that the other party failed to act according to this standard of care, such as driving under the influence;
- Causation means you must show that the other party caused your accident and injuries, such as a traumatic brain injury in a car accident;
- Damages mean you must have financial damages related to the incident that harmed you, such as medical bills, lost income, and rehabilitative costs.
Some examples of liable parties may include the following:
- At-fault driver in a car accident;
- Property owner if your TBI occurred on their premises;
- Product manufacturer if your TBI resulted from a faulty product;
- Employer if the TBI occurred on the job—typically covered by worker's compensation insurance.
What Are the Recoverable Damages with TBIs?
If you are successful in a TBI lawsuit, you may be awarded damages to compensate you for your losses.
These may include:
- Emergency medical services;
- Current and future medical expenses;
- Cost of ongoing care;
- Physical therapy;
- Lost wages and loss of earning capacity;
- Pain and suffering;
- Emotional distress;
- Loss of enjoyment of life;
- Punitive damages (in some cases).
Suppose your injuries are severe and likely permanent. In that case, your immediate family members may also be able to claim compensation to recover for the loss of your companionship, love, and support.
Contact Our Injury Lawyers to Discuss Your Case
Suppose you were injured in a personal injury accident and suffered a traumatic brain injury. In that case, you can work with a Los Angeles traumatic brain injury lawyer to recover compensation.
At Injury Justice Law Firm, we will work to build a strong case on your behalf by gathering evidence to support our claim.
Further, we will negotiate with insurance companies for a potential settlement and answer all your questions about the process.
According to the California Code of Civil Procedure (CCP) 335.1, you only have two years to bring your lawsuit. You can contact us by phone or use the contact form for a free case evaluation. We are based in Los Angeles, CA.