Traumatic brain injuries, also known as TBI, are a serious consequence of severe injury to the head or other powerful physical trauma in this region of the body. This type of injury can result in long-term brain damage or even death. If you have suffered a TBI due to an accident or assault, you need a lawyer who can make sure your right to compensation is secure. A major physical injury such as a TBI can have life-altering effects.
The Fremont personal injury attorneys at OnderLaw are skilled in liability and traumatic injury law and can help you build a solid case to hold the responsible parties to account. Call us today to discuss your options.
Traumatic brain injuries are often caused by a powerful blow to the head, impacting the brain. They can occur in a variety of situations, including:
Falls – By far the most common cause of TBI, falls can occur on a construction, oil and gas, or other job site, or can occur in the home or a business due to a simple slip-and-fall accident.
Car or truck accidents – The second leading cause of TBI is vehicular crashes. Drivers, passengers, pedestrians, and cyclists are at risk for sustaining traumatic brain injuries, especially if they are in a smaller vehicle or aren’t protected by a seat belt or other safety equipment. The head can be impacted by large debris or the roadway, or the brain can be shaken to the point that injury occurs.
Sports injuries – Baseball, football, soccer, and other sports are meant to be fun, but violent contact with the ball or other players is always a risk in these games. The danger of injury is often greater for children because their brains are still developing, although there is some indication that the elasticity of a younger brain will aid in the child’s recovery.
Physical violence – During a fight, a physical attack to the head, or contact of the head with a hard object like a baseball bat or with the pavement, can at the very least lead to concussion or to an even more serious brain injury.
Child or spousal abuse – Domestic violence, especially if it happens regularly, can cause a TBI. More than a third of those suffering violence at home have head, neck, or facial injuries.
Explosions – Shockwaves or flying debris can impact the head during a blast, or shrapnel can pierce the brain, causing permanent damage.
Heavy equipment accidents – Unsecured heavy equipment, especially in an industrial setting such as a construction site or oil rig, may fall or swing free of a tether, impacting the head directly or causing the victim to fall and suffer a head injury.
Penetration by a bullet or skull fragment – Being shot in the head or having the brain penetrated by some other foreign object may not be directly fatal, but it may cause severe damage to the brain and require immediate attention and major brain surgery.
Brain injuries are often characterized in several ways. Closed brain injuries occur due to blunt trauma to the head, with no open wound. Penetrating injuries occur when outside objects enter the brain, including bullets, skull fragments, or jagged debris, as might be found in a car accident.
Concussion, a type of closed brain injury, is a mild TBI and is relatively common among brain injuries. It can occur whenever the head suffers a sudden blow or the brain is jolted or shaken. Over time concussions can lead to long-lasting problems, especially if a victim suffers multiple concussions over the course of their lifetime.
A victim may also experience primary or secondary brain injuries. Primary brain injuries are those sustained at the time of the accident and are considered complete at the time that impact occurs. Secondary brain injuries can develop over time after the initial injury, as blood vessels and tissue change and further damage develops.
If you’ve suffered a traumatic brain injury, whether in a car accident, a fall on the job, or due to violence, and another party was responsible, you may be eligible for compensation. This could be vital to your recovery because treatment for a brain injury is often expensive and rehabilitation may last for years. Compensation could come in a number of different forms, including medication reimbursement, long-term care costs, wage or household income replacement, and/or damages for pain and suffering.
The value of a TBI claim can depend on a variety of factors, including the level of responsibility of the parties for the accident, the cost of your medical bills, and the amounts awarded in similar cases. Because brain injuries can be devastating and require expensive medical care, compensation can sometimes reach into the millions of dollars. Your attorney can give you a better idea of what you may be eligible for when you meet to discuss your case.
In order to prove negligence for your injury, you must show that another party had a duty of care toward you and that their negligence violated that duty. A person may be negligent if their actions or inaction caused an accident to occur. A truck driver who violates the rules of the road and causes a crash or a property owner who doesn’t install proper lighting, allowing violent crime to occur, could be guilty of negligence.
California follows comparative negligence rules, which means that a party must pay a victim according to the percentage of their fault for the accident. If the negligent party was found to be 75 percent responsible for causing the accident, the compensation they pay would be 75 percent of the full amount of the victim’s losses.
The statute of limitations on personal injury lawsuits in California is two years from the date of injury, in most instances. For lawsuits against certain governmental entities, the deadline may be six months, after which the entity is given time to respond. In any case, it is important to hire an attorney as soon as possible so that they can perform an investigation. Over time, the accident scene will change, injuries will heal, and witnesses will be harder to contact, making evidence much harder to collect.
Brain injuries are among the most devastating debilitation a person can endure. The potential severity of this type of injury can mean a substantial amount of compensation is at stake. Insurance companies are reluctant to pay such large settlements, and they will fight hard to avoid taking responsibility. They will sometimes try to claim that the victim’s own negligence caused the mishap in an attempt to exonerate their client.
A skilled traumatic brain injury attorney can perform a thorough investigation of the scene, interviewing witnesses, gathering evidence, and speaking to experts in order to show that the other party’s negligence caused your injuries. They know the tricks insurance companies use in court to try to avoid responsibility, and they can also speak to the insurer on your behalf, often negotiating a higher settlement than you could on your own.
OnderLaw has been helping clients recover compensation for their injuries for decades. We have many distinguished attorneys on staff who fight hard every day to seek justice for people facing difficult situations like yours. OnderLaw has received accolades from a number of prestigious legal organizations, including the Million Dollar Advocates Forum, National Trial Lawyers Top 100 Trial Lawyers, and Rue Ratings Best Attorneys of America. The most valuable distinction we can achieve, however, is success for our clients. You can see some of our successful results here.
Recovering after a devastating accident is a brutal ordeal, and medical care is expensive. If another party is responsible for your injury, you may be entitled to compensation that can help with medical expenses and will help you put your life back together. You need an advocate by your side that can fight the legal battle while you focus on your health and well-being.
You don’t have to fight alone. Call OnderLaw right away for a free consultation, or fill out our contact form to get started.
