California Brain Injury Lawyer - Traumatic Accidents Require Legal Experts

The brain is the most important and powerful organ. After all, it controls all of your actions, including speech, thought, movement, memories, breathing, etc. Unfortunately, approximately two million people in the United States suffer from brain injury every year.

So, what happens when you get involved in a serious accident? Your head is a very sensitive part of your body, and even a minor brain injury can have serious effects on your lifestyle.

What Is a Traumatic Brain Injury? (TBI)

When the brain is damaged, it can be difficult to fix as the brain has limited ability to heal itself. Traumatic Brain Injury or TBI happened when a victim was exposed to extreme force or trauma which caused the injury. Most TBI patients were involved in motor vehicle accidents, slip and falls, or assaults.

The severity of a TBI often varies and depends on how hard your head was hit. TBI-related deaths have been increasing at an alarming rate; TBIs directly caused approximately 30 percent of all injury deaths and 2.5 million hospital emergency room visits.

Symptoms of a Traumatic Brain Injury

For some people, they can feel the effects immediately after the accident, but for others, it may take a day or two for them to feel the symptoms. Some symptoms of a TBI include:

  • Dilated pupils
  • Loss of consciousness
  • Vision impairment
  • Dizziness
  • Fluid from the ears or nose
  • Respiratory distress or failure
  • Come or semi-comatose state
  • Headache
  • Confusion

People diagnosed with TBIs commonly experience concussions and migraines, but that is not the only type of TBI. Other forms of TBI include:

  • Contusions
  • Skull fractures
  • Diffuse axonal injury
  • Shaken baby syndrome
  • Hematomas
  • Lesions
  • Hemorrhage

Common Causes of Traumatic Brain Injuries

A variety of reasons causes TBI, but the most common culprit for TBIs are slip and fall accidents. According to the Centers for Disease Control and Prevention (CDC), slip and fall accidents account for 47 percent of Traumatic Brain Injuries. The most common victims of slip and falls are young children and the elderly.

Other common causes of TBIs are:

  • Car accidents
  • Slip and fall accidents
  • Being hit by falling objects
  • Physical assault
  • Blast injuries from explosions
  • Medical malpractice
  • Sports injuries

Brain injuries that stem from the loss of oxygen to the brain, as in birth or anesthesia errors, can result in permanent brain damage. No matter what harm you suffered because of your head trauma, talk to an experienced California brain injury lawyer. Your case deserves legal attention.

What is the cost of a TBI in California?

Treating a TBI can be really expensive. The initial treatment alone and rehabilitation costs may bankrupt some victims. The costs of treating a TBI range from somewhere around $85,000 to $3 million, depending on the severity and complications.

Brain injuries differ for each person. For some victims, their TBIs have lifelong consequences that require continuous treatment and consistent monitoring.

A serious brain injury may affect a person’s ability to learn new information, maintaining memories, and memorizing names. They are also at risk of developing insomnia, lose their sense of taste or hearing, or become visually impaired. In more extreme cases, victims that have major brain damage develop irreversible physical or cognitive disabilities. Some victims can’t do basic daily tasks alone anymore and require a caretaker to assist them.

TBIs may also cost some victims their jobs, and their quality of life will drastically change. Under California law, courts may reward significant compensation for TBI victims if their California brain injury lawyer wins their claim. They will be entitled to compensation for the following:

  • Medical expenses. This includes hospital bills, ambulance fees, tests and x-rays, surgeries, medications, medical equipment, rehabilitation, therapies, and live-in care: all past and future medical bills relating to your accident.
  • Pain and suffering. Head and brain injury victims often undergo physical pain and emotional suffering. These intangible damages are difficult to quantify, but the courts use an equation to put a monetary value on them.
  • Lost wages/capacity to earn. Serious brain injuries can result in disability and the inability to return to work. The courts may award compensation for lost wages, including future wages, promotions, and earning capacity.
  • Lost quality of life. If your injuries left you permanently disabled, reliant on live-in care, or unable to care for yourself, you could sue for lost quality of life. The courts will take your age and previous health into account when awarding this damage.

A claim may be the only way you can recover the compensation your catastrophic injuries deserve. An insurance settlement might fall short of what your case is worth.

How Brain Injuries Will Affect Daily Life

Living with a brain injury can be quite difficult. TBIs can potentially impact every aspect of the victim’s life. Here are some changes the victim may experience after sustaining a TBI:

  • Work – Approximately 60 percent of people with TBIs end up being unemployed for two years. They are unable to work while they are still recovering and under rehabilitation. This can result in thousands of dollars of lost income, leaving the victim bankrupt and unable to pay for their medical expenses and basic living expenses.
  • Home Life – Some TBI victims spend months in the hospital or a rehabilitation facility. The transition from living in a rehabilitation facility for several months to going back to your home can be quite jarring for some. Many victims need to modify their homes to adjust to their needs. For example, some victims require wheelchair ramps and roll-in showers as they cannot stand for long periods or function the way they used to.
  • Finances – Treating brain injuries aren’t cheap. They’re quite expensive and often costs thousands to millions of dollars. The inability of many brain-injured individuals to workplaces a tremendous financial burden on the family. This is why having an attorney by your side to help you with your personal injury claim is essential, as this can help a lot with the financial burdens.

Who Will Be Legally Responsible for a TBI?

The liability for a TBI depends on what caused the injury in the first place. Many factors can cause TBIs; people get TBIs from either slip and fall accidents or traffic accidents.

If the slip and fall accident occurred in a private establishment and the management failed to inform the victim about the hazard in the area, then the liability will fall on the establishment owner.

If the victim were caught in a traffic accident due to the other party’s negligence, the other motorist would be responsible for the injury.

If you have sustained serious brain injuries due to someone else’s negligence, contact an experienced California brain injury lawyer immediately. Your attorney can help prove the other party’s negligence and negotiate with insurance companies on your behalf.

Leave a Reply