Traumatic Brain Injury Lawsuits in California
Traumatic brain injuries (TBIs) affect millions of Americans each year, often with life-altering implications. These injuries often result from accidents that are sudden and unexpected, leaving victims and their families to grapple with the aftermath.
TBIs are quite common in injury accidents—in fact, vehicle crashes are the leading cause of TBIs each year. Unfortunately, because these injuries are so complicated and diverse, getting proper compensation for these types of injuries can be complicated, as well.
Many accident victims suffer severe traumatic brain injuries due to another person's carelessness or negligence. 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.
Even a seemingly minor blow to the head can cause a traumatic brain injury, and if not correctly diagnosed and treated, a TBI can result in lasting damage, long-term impairment, or even death.
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.
If you've experienced a brain or head injury accident, our dedicated legal team is here to support you. We can file a civil lawsuit on your behalf, often based on negligence, product liability, premises liability, wrongful death, and governmental liability. You don't have to navigate this complex process alone.
In California, if you suffer a TBI caused by someone else's negligence, there is hope for recovery. You can recover damages to cover the costs of treatment, recovery, loss of income, and more. Our legal team will work tirelessly to ensure you receive the full amount of compensation prescribed by California law.
At the Injury Justice Law Firm, we understand the devastating impact of traumatic brain injuries. Our attorneys are well-versed in the nuances of TBIs, their causes, and the terrible cost that accompanies them.
If you or a loved one has suffered a TBI due to someone else's negligence, we will work tirelessly to help you get the full amount of compensation prescribed by California law. You are not alone in this.
Traumatic Brain Injuries - Explained
A traumatic brain injury occurs when an external force damages the brain. This damage can result from a direct impact, such as hitting your head, or even a violent jolt without visible trauma, as is common in car accidents.
TBIs vary greatly in severity. A mild TBI often called a concussion, might cause temporary symptoms like headache, dizziness, or short-term confusion.
Meanwhile, severe TBIs can cause permanent cognitive, physical, and emotional challenges, fundamentally altering a person's quality of life.
One of the complexities of TBIs is their often invisible nature. While the injured person might appear fine externally, the brain's intricacies mean even minor disruptions in its billions of neurons and trillions of synapses can lead to profound consequences.
Victims frequently experience difficulties with memory, decision-making, mood regulation, and even basic physical functions. These injuries don't just affect the person—they significantly impact families, loved ones, and professional lives.
Notably, motor vehicle accidents and truck accidents are common events that result in brain injuries. Other common causes include the following:
- Construction accidents,
- Workplace accidents,
- Metro accidents,
- Sport-related incidents,
- Slip and fall accidents.
What Are the Common 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. There are several types of traumatic brain injuries, each with unique characteristics and implications:
- Concussions. A concussion is the most common type of TBI, in which a sudden impact causes the brain to “jostle” inside the skull. Symptoms may include headache, nausea, memory problems, and temporary loss of consciousness. While most people recover fully, repeated concussions can have long-term effects.
- Contusions. A contusion is a bruise on the brain caused by direct impact. If swelling or bleeding becomes excessive, severe contusions may require surgical intervention.
- Hematomas. A hematoma is a collection of blood outside the blood vessel that can occur inside the skull after a blow to the head. It is particularly dangerous because it can pressure the brain, causing damage.
- Skull fractures. A skull fracture is a break in the bones of the skull that can occur along with other types of TBIs. They are serious because they can cause bleeding and pressure on the brain.
- Diffuse Axonal Injury (DAI). This occurs when the brain's long connecting nerve fibers are stretched or torn, typically from rapid acceleration and deceleration forces, such as in a car accident. DAI can cause widespread brain damage and may lead to coma or long-term impairments.
- Penetration injuries. These result from an object, such as a bullet or sharp debris, penetrating the skull and damaging brain tissue. These are often life-threatening and result in significant neurological deficits.
What Are the Symptoms of a TBI?
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 may experience include the following:
- Loss of consciousness,
- Disorientation and confusion,
- Personality changes,
- Problems with vision,
- Dizziness and headaches,
- Chronic fatigue,
- Ringing in the ears,
- Memory loss,
- Nausea and mood swings,
- Slurred speech,
- Trouble sleeping,
- Depression and anxiety.
How to Prove 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. This process involves several steps, including gathering evidence, filing a complaint, and potentially going to trial. Our legal team can guide you through each step and ensure your rights are protected.
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. This means you 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. This means you show that the other party failed to act according to this standard of care, such as driving under the influence.
- Causation. This means you must show that the other party caused your accident and injuries, such as a traumatic brain injury in a car accident.
- Damages. This means you must have financial damages related to the incident that harmed you, such as medical bills, lost income, and rehabilitative costs.
Who Are the Common Defendants in TBI Cases?
Our Los Angeles traumatic brain injury lawyers can file a lawsuit on your behalf if you experience any type of brain or head injury. Our law firm often files these lawsuits against the following parties:
- At-fault driver in a car accident,
- Negligent drivers,
- Government entities,
- 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.
Damages that Can Be Claimed in TBI Accidents
A traumatic brain injury impacts nearly every aspect of a victim's life, and the legal system recognizes this complexity when awarding damages. Victims of TBI accidents may be entitled to compensation for the following types of damages:
- Medical Expenses: This includes the cost of emergency care, surgeries, hospital stays, physical therapy, psychological counseling, and long-term rehabilitation.
- Lost Wages and Loss of Earning Capacity: When a TBI prevents a victim from returning to work or limits future earning potential, they can claim compensation for these financial losses.
- Pain and Suffering: TBIs often result in chronic pain, emotional trauma, and a diminished quality of life. Compensation for pain and suffering addresses these non-economic damages.
- Long-Term Care Costs: Severe TBIs may necessitate home adjustments, such as wheelchair ramps or specialized medical equipment, as well as the expense of full-time caregiving.
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.
The Challenges of Litigating TBI Injury Cases
TBI cases present unique challenges, not the least of which is proving the extent of the injury and connecting it directly to the accident in question.
Brain injuries are often invisible, meaning juries may struggle to understand the full scope of their impact without proper guidance.
Attorneys must utilize expert testimony, including neurologists and neuropsychologists, to provide detailed insights into the injury's effects. It is also crucial to secure testimony from family members, coworkers, and friends who have witnessed a victim's cognitive and behavioral changes.
Why You Need an Experienced Traumatic Brain Injury Attorney
Given the medical and legal complexities of TBIs, litigating these types of personal injury cases requires a blend of legal and medical knowledge, empathy, and strategic thinking. Hiring an attorney with extensive experience in TBI cases can make a huge difference in the outcome of your case.
At the Injury Justice Law Firm, our experienced attorneys understand the science behind these injuries, the long-term impact on victims, the intricacies of presenting a compelling case in court, and the importance of taking a compassionate approach in interacting with the victims and their families throughout the process.
We will thoroughly investigate the accident, gather essential evidence, consult with medical experts, and build a narrative that reflects the victim's experience and loss. We'll also anticipate and counter defenses used by opposing parties, ensuring the strongest possible case is presented.
There are many benefits in seeking legal representation in head injury and traumatic brain injury cases. The main benefit is that an experienced attorney will maximize your compensation because they will know what a case is worth. As a result, the attorney will not accept a low-ball settlement offer.
Attorneys can also find hidden value in a case, which means that you will receive a larger final payout. We work on a contingency fee basis, meaning you will not have to pay for legal services unless you win your case or receive a favorable settlement.
If you or a loved one has experienced a head or brain injury, we invite you to contact our Los Angeles-based legal team for free consultations and skilled legal advice.
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