Brain injury may be related to many different accidents or other incidents that relate to personal injury. Medical malpractice, a motor vehicle accident, or even an attack may all cause serious brain injury that results in the victim facing a diminished quality of life and extensive medical costs. Our California brain damage attorney at Pacific Attorney Group can offer you the legal counsel you deserve in these situations, allowing you the valuable opportunity to take legal action against whatever person or company may be responsible for your injuries.
Our California Brain Injury Attorney Can Help You
Our firm may be able to help if you have a claim involving the following:
1. Acquired Brain Injury
In most cases, an injury to the brain will occur after birth. This can be anything from a concussion gained in a car crash to an injury sustained from a stroke. Acquired brain injuries are traumatic and can forever alter the life of the victim and is therefore crucial for the victim to seek just and sizeable compensation.
2. Congenital Brain Injury
Should the pregnancy or birthing process not go as planned, the child can sustain what is known as a congenital brain injury. This can be anything from exposure to toxins, genetic defects or lack of oxygen (which can be caused by things like the umbilical cord around the neck) and can be caused by medical malpractice.
3. Closed Head Injury
When an injury is caused that does not pierce the skull, it is known as a closed head injury. This normally occurs from a blunt blow to the head, such as the trauma that can happen during a car crash or an assault. This can lead to bleeding, bruising, and swelling of the brain.
4. Open Head Injury
One of the most severe forms of brain damage occurs when an object pierces through the skull. The open wound that results from this type of injury is severe and can cause ongoing pain and suffering for the victim. Bleeding out and infections are a very real reality for these types of injuries.
5. Traumatic Brain Injury
When trauma occurs to the head, often the victim will suffer from what is known as a traumatic brain injury (TBI), such as a diffuse axonal injury. Symptoms for this include lack of consciousness, dizziness, and lethargy, and victims can even fall into a vegetative state. Currently, there are no treatments to reverse the damage.
If you have suffered from any of the above types of brain damage, then we encourage you to pick up the phone and get the involvement of a member of our firm. During a free case review, you can learn more about your unique case and whether you may be able to take action. You can also find out exactly what a head injury attorney can do to help you.
Understanding Traumatic Brain Injuries (TBIs)
Traumatic brain injuries (TBIs) are a significant public health concern, often leading to severe and long-lasting consequences. A traumatic brain injury is caused by a sudden jolt or blow to the head or a penetrating head injury that disrupts the normal function of the brain.
Types of TBIs
- Concussion: A mild form of TBI that may result in temporary dysfunction of brain cells.
- Contusion: A bruise on the brain, often caused by a direct impact to the head.
- Penetrating Injury: Caused by an object piercing the skull and entering the brain.
- Physical: Headache, nausea, dizziness, loss of consciousness.
- Cognitive: Memory problems, difficulty concentrating, confusion.
- Emotional: Irritability, depression, anxiety.
- Behavioral: Changes in sleep patterns, mood swings, agitation.
Diagnosis is typically based on symptoms, neurological examinations, and imaging tests such as CT scans and MRIs. Treatment may involve rest, medication, rehabilitation therapy, and, in severe cases, surgery to reduce further damage to the brain. TBIs can lead to long-term cognitive, emotional, and physical impairments, impacting an individual’s quality of life and ability to perform daily activities.
Causes of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) can be caused by various factors and incidents. Here are some common causes of TBIs:
- Falls: Falls are the leading cause of TBIs, especially among young children and older adults. Falls from beds, stairs, ladders, and playground equipment can result in head injuries.
- Motor Vehicle Accidents: Car, motorcycle, and bicycle accidents often lead to TBIs due to the force of impact and potential for head trauma, especially if the individuals involved are not wearing proper protective gear such as seat belts or helmets.
- Struck by or Against an Object: Being struck by or against an object, such as in sports-related injuries, workplace accidents, or incidents involving flying debris, can result in TBIs.
- Assaults: Physical assaults, including domestic violence, child abuse, and other forms of intentional violence, can cause TBIs due to blunt force trauma to the head.
- Blast Injuries: Military personnel and civilians exposed to explosive blasts, such as in combat zones or terrorist attacks, are at risk of sustaining TBIs due to the high-energy shockwaves generated by explosions.
- Penetrating Head Injuries: Penetrating head injuries, often caused by bullets, sharp objects, or other projectiles, can directly damage the brain and lead to severe TBIs.
- Sports and Recreational Activities: Participation in high-impact sports such as football, boxing, and hockey, as well as activities like skateboarding and skiing, can increase the risk of head injuries and TBIs if proper protective equipment is not utilized.
- Workplace Injuries: Occupational accidents, particularly in industries involving construction, manufacturing, and transportation, can result in head trauma and TBIs due to falls, equipment malfunctions, or being struck by objects.
Understanding the various causes of TBIs is crucial for implementing preventive measures, raising awareness, and promoting safety protocols to minimize the risk of head injuries and their potentially devastating consequences.
Brain Injury Claims in California
Brain damage may be related to personal injury claims, when the injury suffered is to the brain or head. A person’s negligence in any way may lead to brain damage, including in situations where a person may cause an accident that results in physical trauma to the head, as well as situations where a doctor incorrectly diagnoses or treats a brain injury, or where medical malpractice leads to a birth injury that causes brain damage.
In any of these situations, the victim or victim’s family may be able to take legal action against the person who caused the accident or the medical professional who overlooked a critical medical condition and failed to provide proper treatment.
Legal Grounds for Brain Injury Claims
In California, individuals who have sustained brain injuries due to the negligence or intentional actions of others may be entitled to file brain injury claims to seek compensation for their damages. These claims typically fall under personal injury law, and the legal process for pursuing such claims in California involves several key aspects:
- Negligence: If the brain injury occurred as a result of another party’s negligence, such as in car accidents, slip and fall incidents, or medical malpractice, the injured party may have grounds for a claim.
- Statute of Limitations: California has a statute of limitations that sets a time limit within which a brain injury claim must be filed. Individuals must be aware of and adhere to these deadlines to preserve their right to legal recourse.
- Damages: Individuals may seek compensation for various damages resulting from the brain injury, including medical expenses, lost income, pain and suffering, emotional distress, and in cases of severe negligence, punitive damages.
- Legal Representation: Engaging the services of a qualified head injury attorney experienced in handling brain injury cases is highly advisable. An attorney can provide crucial legal guidance, advocate for the injured party’s rights, and navigate the complexities of the legal process.
- Comparative Fault: California follows a comparative fault system, which means that the injured party’s compensation may be reduced if they are found partially at fault for the injury. Understanding how this system applies is essential in pursuing a brain injury claim.
- Evidence and Documentation: Building a strong case for a brain injury claim involves gathering and preserving evidence, including medical records, witness statements, accident reports, and expert opinions to establish the extent of the injury and its impact on the individual’s life.
Navigating the legal aspects of brain injury claims in California can be complex, and seeking legal counsel from a knowledgeable brain injury attorney in California is crucial for understanding one’s rights and options for seeking compensation.
Understanding Acquired Brain Injuries and Your Legal Rights
An acquired brain injury is defined as an injury to the brain that is sustained after birth. An acquired brain injury may either be classified as a closed head injury or open head injury, depending on whether the skull is penetrated. There may be many different causes of acquired brain injuries, including physical trauma from an attack, slip and fall accident or auto accident, as well as non-traumatic injury resulting from a stroke, drowning, brain tumor, poisoning, infection, lack of oxygen to the brain, or substance abuse. Depending on the severity of the injury and degree of brain damage, a person who has sustained an acquired brain injury may suffer from a number of serious side effects, affecting every single part of his or her life.
Has a loved one suffered a brain injury in an accident of any kind or as a result of negligence? The California brain injury attorney at Pacific Attorney Group handles all types of personal injury claims involving acquired brain injuries, including open-head and closed-head injury as well as traumatic brain injuries. An experienced California brain injury attorney at our firm may be able to help you whether your case involves a relatively minor injury such as a concussion, all the way to a wrongful death claim.
Consequences of Open Head Injuries
An open head injury is a serious form of acquired brain injury that is caused by force or trauma to the head that actually fractures the skull and causes damage to brain tissue or the surrounding membranes. Open head injury is an extremely serious type of brain injury to sustain, and medical care must be sought immediately for treatment – especially if symptoms become evident.
As the victim will suffer from an open wound, it is particularly crucial to take immediate action to avoid the victim bleeding out or the wound becoming infected. If you or someone you love suffered an open head injury in an accident of any kind or as a result of another person’s negligence or wrongdoing, you may have the right to legal action. Contacting a California brain injury attorney is the first step to finding out what you can do at this point.
Severity of Closed Head Injuries
A blow to the head or a sudden and violent motion that causes the brain to collide with the skull may cause a closed head injury. Although the brain is not penetrated due to closed head injury, the extent of damage to the brain may still be extremely severe. A closed head injury may lead to bruising, swelling or bleeding of the brain, leading to a concussion, coma, or even death.
Closed head injury may be caused by an auto accident, fall, sports injury, or an attack or assault. Depending on the severity of brain injury, a victim may suffer from loss of consciousness, headaches, dizziness, nausea, speech and language problems, cognitive difficulties, loss of motor skills or control of bodily functions, memory loss, and convulsions. The outcome of an injury of this kind will vary greatly from person to person. In some cases, a full recovery may be expected in a few days or weeks, but in other situations damage will be irreparable.
Have you or a loved one suffered a closed head injury? If this occurred as the result of an auto accident, slip and fall, or any other circumstance related to another person’s recklessness, negligence or intentional wrongdoing, you may have grounds for a personal injury claim. A California brain injury attorney at our law firm may be able to help you. At Pacific Attorney Group, we represent clients throughout the LA area with claims of this kind, and we offer a free initial consultation.
What are Concussions and its Causes
A concussion is a type of acquired brain injury that occurs when the dead or body sustains a sudden impact. If the impact is forceful enough, the brain will actually shake or shift inside the skull, resulting in it being temporarily prevented from working properly. Depending on the severity of the injury, a person who has suffered a concussion may be able to heal fully by resting for a few hours, days or weeks. However, in some cases a concussion will be so severe that it may lead to permanent brain damage or even death if untreated.
There are many different causes of concussions. All have in common a sudden and forceful impact. The brain is a soft organ that is surrounded by spinal fluid and then protected by your skull. Normally, the spinal fluid surrounding the brain acts similarly to a cushion, protecting it from impact and injury against the skull. However, when the head or body sustains a sudden impact, this can send the brain crashing into the skull, causing injury. The most common causes of concussions include motor vehicle accidents, falls, assaults and attacks, workplace accidents, and bicycle accidents.
Take Action with a Head Injury Attorney in California
An open head traumatic brain injury may be caused by assault with a firearm, blunt force trauma, a motor vehicle accident, a fall, or a sporting accident. Virtually any incident that involves direct and forceful impact with the skull may cause an open head injury to occur. In cases where another person was responsible for an open head injury, a victim can take legal action to seek financial damages.
By working with an attorney and filing a personal injury claim in civil court, the victim can seek compensation for medical care, emotional trauma, and the many other damages or losses associated with a catastrophic injury of this kind. Your initial consultation with a California brain injury lawyer at Pacific Attorney Group is free. Please do not hesitate to call us or contact us online to get more information about your particular case and your legal options.