If you were involved in an accident and suffered a brain injury, do not hesitate to call the Irvine personal injury lawyers of OnderLaw to discuss your legal options. You might be entitled to compensation if another person’s negligent actions caused the accident. If you weren’t partially responsible for what happened, you should not be forced to pay out of pocket for your medical treatment and other expenses.

A brain injury causes damage to the brain and affects how it functions. The injury can result from blunt force trauma to the head or from an object penetrating the skull. Depending on the type and severity of the injury, damage to brain cells, bleeding, swelling, and other problems can arise. In some cases, brain trauma can be a life-threatening injury and lead to a person’s death.

At OnderLaw , our Irvine brain injury attorneys understand the devastating consequences of a catastrophic accident. Brain injuries can interfere with your life and prevent you from performing routine tasks. You might have to take time off from work to recover, causing financial strain. You could become disabled and require ongoing care.

OnderLaw could help you hold the at-fault party liable. They could have prevented the incident if they weren’t so careless. They should face the consequences of their actions and provide the maximum compensation you need to afford your medical bills. Call us for a free consultation and learn more about how we can help.

Causes of Traumatic Brain Injuries

A traumatic brain injury results from a violent jolt or blow to the head. Anything that disrupts the brain’s normal function can cause significant damage. A range of scenarios can arise that lead to this type of injury. The most common causes include:

  • Fall from heights
  • Defective products
  • Motor vehicle accidents
  • Occupational hazards
  • Slip and falls
  • Nursing home abuse
  • Dangerous medical devices
  • Healthcare professional errors
  • Assault


The initial trauma to the head can cause immediate injury. However, complications can lead to further damage. Some people never recover entirely and end up with mental or physical impairments.

Types of Traumatic Brain Injuries

traumatic brain injury (TBI) occurs when a jolt or blow to the head or body damages the brain. It can also result from a penetrating injury, such as a bullet entering the skull. The most common types of TBI include:

  • Concussion
  • Contusion
  • Diffuse axonal injury
  • Penetrating brain injury
  • Cerebral edema
  • Hydrocephalus
  • Ischemia


TBI symptoms can be mild, moderate, or severe. A concussion is a common example of a minor traumatic brain injury. However, if you suffer a severe TBI, you could face long-term medical problems.

Common symptoms of a mild traumatic brain injury include:

  • Dizziness
  • Headache
  • Brief loss of consciousness
  • Ringing in the ears
  • Confusion
  • Fatigue
  • Thinking, memory, attention, and concentration difficulties
  • Blurry vision
  • Lightheadedness
  • Changes in mood or behavior


A moderate to severe traumatic brain injury can lead to other symptoms, such as:

  • Convulsions or seizures
  • Slurred speech
  • Persistent or worsening headache
  • Repeated nausea or vomiting
  • Loss of coordination
  • Dilated pupil in one or both eyes
  • Numbness or weakness in the legs and arms
  • Increased restlessness, agitation, or confusion
  • Inability to wake from sleep


A serious brain injury can result in disabilities. When another person is at fault for an accident causing this type of injury, you have a right to pursue the money you’re owed. They should be financially responsible for your resulting losses.

Compensation for a TBI Claim

A traumatic brain injury often requires extensive medical treatment to heal. Your doctor might recommend imaging tests to determine the extent of the damage. Some people need surgery or rehabilitation. Prescription medications are also necessary to manage chronic pain and other symptoms of TBI. This all costs money and can lead to economic strain if you can’t afford these bills.

The losses you suffer following a traumatic brain injury should be the at-fault party’s responsibility. They should be held liable since their actions put you in this situation. The circumstances of the incident will determine how you can pursue compensation for your losses. If you were in a car accident, you could file a claim with the negligent driver’s auto insurance company. For injuries resulting from a defective product, you might be able to sue the manufacturer.

The compensation you receive can compensate you for a number of losses, including:

  • Emotional distress
  • Medical expenses
  • Physical impairment or disfigurement
  • Property damage
  • Loss of enjoyment of life
  • Pain and suffering
  • Lost wages
  • Lost earning capacity


You might also qualify for exemplary damages if you decide to file a lawsuit. This award does not compensate you for your losses but punishes the defendant for their wrongdoing. A jury will only award this to you if you show the at-fault party acted with fraud, oppression, or malice by presenting clear and convincing evidence.

Unfortunately, one particular statute in California could diminish the amount of compensation you can receive in a lawsuit. Pure comparative negligence reduces a plaintiff’s monetary award by the percentage of fault they share for an accident. For example, if your losses equal $100,000 but you were 25 percent responsible for your traumatic brain injury, you could only receive up to $75,000 in compensation.

Proving Negligence in California – Statute of Limitations in Personal Injury Lawsuits

When you prepare a lawsuit against another person, you must follow a strict timeframe to file it with the court. California has a two-year statute of limitations. That means you have two years from the injury date to initiate the lawsuit if you want to seek compensation for your losses in court. If the statutory deadline passes and you file anyway, the court will likely dismiss your case.

You must prove that negligence existed at the time of the accident to hold someone liable for your injury. Negligence refers to a person’s failure to use reasonable care to prevent causing harm to others. That means the party at fault for the accident should have known that their actions would lead to someone’s injury or death and could have done something to prevent it.

For example, if you were at a restaurant and slipped on a wet spot on the floor, the owner could be liable for your TBI. That’s because they should have known about the dangerous condition on their property and done something to address it so no one would get hurt. However, if they placed a warning sign next to the hazard and you slipped anyway, you may be partially responsible for your injury.

National, California, and Irvine Accident Statistics

Around 61,000 fatalities associated with traumatic brain injury occurred in 2019. That’s equivalent to 166 deaths each day.

Workplace accidents are common in the United States. Many people suffer traumatic brain injuries from falls, malfunctioning machinery, and other hazards while performing their job duties. In 2019, 79,620 nonfatal head injuries occurred.

Fatal and nonfatal brain injuries also happen during car accidents. In California, 3,316 fatal crashes resulted in 3,606 deaths in 2019. In Irvine that same year, there were nine traffic fatalities from six fatal accidents.

Why Do I Need a Lawyer? Why Choose OnderLaw ?

A common mistake people make after suffering a TBI in an accident is handling their case alone. If you don’t hire a lawyer, you have to navigate the complex claims process yourself. Most people are unfamiliar with the steps involved in a claim or lawsuit. If you don’t know how to build a solid case, you will likely end up without the money you need to cover your losses.

The Irvine brain injury attorneys of OnderLaw can take on the responsibility for every legal aspect of your case. We can investigate the accident, gather evidence, file an insurance claim, and negotiate with the insurance company on your behalf. If they refuse to settle or deny your claim, we can proceed with a lawsuit and take them to court.

This can be an overwhelming experience, and you should not go through it alone. OnderLaw will remain by your side and provide the ongoing guidance and support you deserve from start to finish. We always give our clients one-on-one attention. You will be our top priority while we are working on your case.

Since 2002, we have built and maintained an excellent reputation among the legal community. Multiple prestigious organizations have recognized us for our hard work and dedication. We’ve recovered over $3.5 billion in settlements for accident victims. Our proven track record of success shows the amount of effort we put into every case we take.

Speak to an Experienced Brain Injury Lawyer Today

OnderLaw knows how much some clients struggle with the financial aspect of a severe accident. When you’re already paying for medical care and other costs, the thought of also paying legal fees can be stressful. You should not face this economic burden. We believe anyone suffering due to someone else’s negligence should have the opportunity to pursue legal action with top-level attorneys on their side. We take cases on contingency, so you’re not responsible for upfront fees or costs. We don’t get paid unless you get paid.

If you suffered a traumatic brain injury because of another person’s misconduct, call OnderLaw now. One of our Irvine brain injury attorneys will be happy to talk about the incident during a free consultation and advise you on the next steps you should take.