As the second largest city in San Bernardino County, Fontana offers many restaurants, entertainment, and shopping opportunities to its more than 210,000 residents. While there are many benefits of living in Fontana, there are risks to living and working in such a busy environment. As unfortunate as it is, many of Fontana’s residents suffer traumatic brain injuries each year.

Fortunately, OnderLaw is here to help. Since 2002, our personal injury attorneys have been protecting clients’ rights as they seek compensation for traumatic brain injuries caused by someone else’s negligence. We’re well-equipped to provide you with high-quality legal counsel as you pursue reimbursement for your damages.

If someone you know has suffered from a traumatic brain injury that wasn’t their fault, call the Fontana personal injury attorneys of OnderLaw today. We’ll schedule a free, confidential case evaluation so that you can speak with one of our attorneys and determine the best course of action in your traumatic brain injury case. Let today be the day you begin seeking justice.

Causes of Traumatic Brain Injuries

The Centers for Disease Control define a traumatic brain injury as “a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.” As you might imagine, there is a wide range of circumstances that may cause a traumatic brain injury. The nature of the accident which caused a traumatic brain injury can be a key factor in determining what type of compensation you might expect for your losses. Some common causes of traumatic brain injury include:

  • Motor vehicle accidents
  • Slip and fall accidents
  • Trip and fall accidents
  • Workplace accidents
  • Malfunctioning equipment accidents
  • Premises liability accidents
  • Medical malpractice accidents
  • Instances of nursing home abuse
  • Bullet wounds
  • Shaken baby syndrome

Fortunately, the personal injury attorneys at OnderLaw are more than equipped to help you as you pursue compensation in your traumatic brain injury case. We have many years of experience in gathering evidence and reaching out to medical experts to evaluate the nature of an injury and the circumstances or negligence that may have caused it.

Types of Traumatic Brain Injuries

Because of the many circumstances in which one might suffer a traumatic brain injury, there is an equally wide array of types of these injuries. Typically, TBIs range from mild to severe and are caused when any significant force is applied to or penetrates the skull.

There are several categories into which TBIs are traditionally organized.

  • Closed brain injuries occur when a force to the head causes brain trauma but no break in the skull. These can still cause significant damage, as they cause the brain to collide with the skull, resulting in bleeding and tissue tears.
  • Open brain injuries are caused when a force applied to the head penetrates the skull.
  • Diffuse axonal injuries are those which cause the brain to shift inside the skull, tearing the brain’s axons and often causing the victim to fall into a coma. These can be traumatic and are difficult to detect.
  • Concussions are injuries where a force causes the brain to bump against the skull, causing memory issues in more mild cases and loss of consciousness in more serious cases.
  • Contusions are instances where the brain is bruised, causing bleeding and potential swelling.

Some common symptoms associated with traumatic brain injuries include:

  • Nausea
  • Dizziness
  • Blurred vision
  • Slurred speech
  • Loss of depth perception
  • Drowsiness or inability to stay awake
  • Light sensitivity
  • Lapses in memory

If you or someone you love has received any of the aforementioned types of traumatic brain injuries, you might be entitled to compensation for your damages. If you note any of the listed symptoms after a head injury, seek medical attention right away.

Compensation for a TBI Claim

As with any type of injury that was someone else’s fault, compensation for a TBI claim may be obtained for both economic and noneconomic damages, or losses. The type of damages you sustain in a traumatic brain injury accident can play a large role in determining what kind of compensation you can expect for your losses.

  • Economic damages: these are the specific financial costs associated with a TBI accident. They often include medical expenses, the cost to repair damaged personal property, or lost income as a result of recovery time. The best way to keep track of these costs is to take note of all medical records, receipts for repairs, pay stubs, and timecards.
  • Noneconomic damages: these are the intangible costs associated with a TBI accident. They can include psychological/emotional trauma, loss of mobility, loss of life, or loss of companionship. The best way to document these damages is to keep a journal of how your TBI accident impacted your day-to-day life.

Proving Negligence in the State of California

In the state of California, any action or lack of action that causes harm to another party is considered to be “negligence.” In the case of traumatic brain injuries, a negligent act is any which leads to a TBI. Examples include, but are not limited to:

  • Failing to check or maintain equipment
  • Failing to observe traffic laws when driving
  • Failing to obey gun laws
  • Failing to maintain safe conditions on a property or premises
  • Failing to obey proper medical protocol
  • Abuse, whether deliberate or indirect, to another person

California functions on the basis of comparative negligence. This means that a party will be considered liable to the same degree to which they’re found to have been negligent. For example, if you are entitled to $100,000 of compensation but are found to have been 15 percent at fault for your accident, you will only be allowed to obtain $85,000 of the damages you suffered. However, under California law, even if you were 95 percent to blame for the accident, you could still recover five percent of the damages you incurred in the accident.

Traumatic Brain Injury Statistics

An article from the California Department of Rehabilitation claims that each year, traumatic brain injuries cause roughly 53,000 deaths and 235,000 hospital trips nationwide.

In 2019, there were roughly 61,000 traumatic brain injury-related deaths across the nation, according to a report from the Centers for Disease Control and Prevention.

In 2014, the National Institutes of Health reported a 57.7 percent increase in traumatic brain injuries that resulted in emergency room visits nationwide.

A report from estimates that in the United States, TBIs are a contributing factor to roughly a third of all injury-related deaths and that, on average, 153 Americans die from TBI-related injuries each day.

Why Do I Need a Lawyer?

Dealing with a traumatic brain injury is no easy process. From reporting the injury to receiving medical care and filing a claim with the at-fault party’s insurance company, there’s no guarantee you’ll receive the compensation to which you’re entitled. With OnderLaw, you can trust that we put your rights at the heart of our work. Our personal injury attorneys are ready to walk alongside you as you pursue compensation for your injuries.

Our lawyers are committed to handling all communication on your behalf. Rather than leave you to manage discussions with insurance companies and other involved parties, we handle communication for you. This protects you from accidental self-incrimination and streamlines the process.

Insurance companies’ first business is to guard their bottom line. It’s the insurance adjuster’s job to try to find ways to make sure that the blame falls on anyone else but their insured. Sometimes, they may attempt to get you to take a minimal settlement offer right at the start of your claim because they know you need the money for medical bills. The lawyers of OnderLaw can protect you from these tactics and make sure that you are in the best position to get the compensation you deserve after your accident.

Why Choose OnderLaw?

With OnderLaw, you get more than a personal injury attorney. Our firm provides access to a wide range of connections that spans across the country, many successful legal strategies, and over nineteen years of experience in protecting clients’ rights. Since 2002, we’ve been receiving recognition for our hard work in each case we take on. Organizations like The American Trial Lawyers Association, The American Society of Legal Advocates, National Trial Lawyers Top 100 Trial Lawyers, and the Million Dollar Advocates Forum have recognized OnderLaw for our commitment to our clients and success both in and out of the courtroom.

James G. Onder, our founding attorney, has been successfully handling personal injury cases since the beginning of his career. Having graduated from the St. Louis University School of Law in 1988, Onder has worked on many personal injury and class action suits, providing high quality legal care and reaching over $3.3 billion in settlements for the firm. His dedication to each case he takes on and his attention to detail have secured his legacy as our founder and a critical member of the OnderLaw team.

How OnderLaw Can Help

At OnderLaw, we are well-equipped to help you claim the compensation to which you’re entitled. Give us a call today. We’ll schedule a free, confidential case evaluation for you and put you in contact with one of our personal injury attorneys so that you can determine the best next steps as you pursue justice.

If you’ve suffered a brain injury through no fault of your own, you are likely entitled to compensation. Don’t allow a lack of legal knowledge or financial means prevent you from pursuing restitution. Call today.