Oakland Traumatic Brain Injury Lawyers
Did you sustain a brain injury in an accident? Was it due to someone else’s negligent actions? If so, you might be entitled to compensation for your medical treatment and other expenses you incur. The Oakland personal injury lawyers of OnderLaw, LLC might be able to help you recover these costs and hold the at-fault party liable.
A violent jolt or blow to the head could damage the brain and affect normal functioning. Although some people recover, others suffer lifelong problems that interfere with their daily routine. Disabilities are common after severe traumatic brain injuries and require ongoing medical care and assistance to perform routine tasks.
OnderLaw, LLC has helped accident victims recover the compensation they deserve since 2002. We have been able to secure over $3.5 billion in settlements for our clients. When you hire us, we will put our knowledge and experience to work for you. You can count on us to fight to protect your rights and be your advocate during this difficult ordeal.
Call (314) 963-9000 to meet with one of our Oakland brain injury lawyers and discuss your case during a free consultation.
Causes of Traumatic Brain Injuries
A traumatic brain injury can happen in a violent accident or incident. A penetrating injury or sudden blow or jolt to the head can cause damage to the brain. Anyone could suffer a traumatic brain injury in any situation. Workplace accidents, falls from heights, and car crashes are common scenarios that can lead to a traumatic brain injury.
The most common causes of these injuries include:
- Slip and fall – Falling down a defective staircase can lead to severe head and brain injuries.
- Motor vehicle accidents – The force expended during a collision between two vehicles can violently shake a person’s body, causing significant damage to the brain.
- Explosions – Someone in the path of the blast could fall backward or get struck in the head by flying debris.
- Penetrating injury from a sharp object – Fast-moving sharp objects, like shrapnel from a car accident or a bullet from a weapon, can enter the brain. Sometimes bone shards from a fractured skull also penetrate the brain.
- Nursing home abuse – Older adults are vulnerable. Physical abuse or neglect could lead to a brain injury if the patient falls and hits their head.
- Product defects – Hazardous products can cause injuries to the user. Brain injuries can result from an exploding electrical appliance or unstable furniture tipping over onto someone, among other scenarios.
- Medical malpractice – Doctor error during a surgical procedure can damage the brain and cause a range of medical problems.
- Assault – Violence can lead to multiple injuries, including a traumatic brain injury if there’s a punch or kick to the head.
- Occupational hazards – Any industry can be a dangerous place for workers. Inadequate lighting, malfunctioning equipment, and slippery floors are common examples of hazards that can lead to accidents.
If another person or an entity was negligent in causing your injury, you could hold them accountable. You deserve the chance to pursue compensation from them that can pay for your prescription drugs, physical therapy, and other medical costs.
Types of Traumatic Brain Injuries
A traumatic brain injury (TBI) interferes with the structure or function of the brain. An external force can cause damage the skull or cause the brain to move around within the skull, resulting in various injuries.
TBI falls under two main classifications: primary injuries and secondary injuries.
Traumatic accidents and incidents can cause primary injuries. Different primary injury types include:
- Intracranial hematoma – Blood can begin to collect in the empty spaces surrounding the brain if a blood vessel bursts.
- Skull fracture – A penetrating injury that fractures the skull can cause bleeding, pressure, and leaking spinal fluid.
- Contusions – When the head violently jolts forward and backward or side to side, the tissue can become bruised.
- Diffuse axonal injury – Violent stopping or rotational forces tear and twist the connections between brain cells, disrupting how the brain functions.
A secondary injury causes immediate physiological and metabolic changes. However, changes can continue within the brain for hours or days after the initial traumatic event. Common types of secondary injuries include:
- Hydrocephalus – Excess fluid builds up in the ventricles of the brain.
- Ischemia – This results from inadequate blood flow to the brain.
- Hypoxia – Hypoxia occurs when the brain isn’t receiving the oxygen it needs.
- Hypotension – Negative pressure in the brain cavity can cause vomiting, nausea, and headaches.
- Cerebral edema – The brain swells due to excess fluid around it.
There’s a variety of symptoms that could indicate a traumatic brain injury, such as:
- Nausea or vomiting
- Brief loss of consciousness
- Blurred vision
- Sensitivity to light or sound
- Ringing in the ears
- Mood changes
- Disorientation or confusion
- Trouble with speech
If you were in an accident and notice any of these symptoms, you should seek immediate medical care. You should also speak with OnderLaw, LLC and determine whether you’re eligible for a claim or lawsuit against the person responsible for the accident.
Compensation for a TBI Claim
It’s possible to obtain a settlement that’s sufficient to cover your medical bills, lost wages, and other losses. If you require ongoing medical care long after your case ends, you should also receive compensation for future treatment and any household assistance you might need because of your injury.
You could file an insurance claim against the individual or business liable for your traumatic brain injury. The amount of available coverage will depend on the specific policy. For example, auto insurance policies have minimum liability limits of $15,000 for bodily injury and $5,000 for property damage, and these limits would apply if you were injured in a car accident. However, if your losses are higher than the at-fault party’s coverage, you could be left with out-of-pocket costs.
The losses you can pursue in a claim include:
- Medical expenses
- Physical impairment or disfigurement
- Pain and suffering
- Damaged personal property
- Emotional distress
- Loss of enjoyment of life
- Lost wages
- Loss of future earnings
Insurance claims aren’t the only source of compensation. You could also file a lawsuit and take the negligent party to court. You can seek the same losses that are available in an insurance claim. Additionally, you might also be entitled to exemplary damages. Instead of compensating you for your losses, an award of these damages is a punishment against the defendant for their actions. A jury will only provide this financial award if you can prove fraud, malice, or oppression with clear and convincing evidence.
Proving Negligence in California and the Statute of Limitations in Personal Injury Lawsuits
Every state has a statute of limitations for filing personal injury lawsuits. California has a two-year statute of limitations. That means you must initiate your case against the at-fault person or company within two years of the date of the accident. Once the deadline passes, you likely won’t have another chance to seek the compensation you need to heal your injuries.
You must be able to prove that the other party was negligent in causing the accident. A person must take a reasonable level of care to avoid causing harm to another. Failing to uphold that care is negligence and could make them liable for someone’s injuries and resulting losses.
To win a negligence case, you must show that you were injured because of the other party’s negligence. Medical records can serve as helpful evidence in any personal injury case. These documents show the date of the accident, the timeline of treatment, and whether the victim recovered or ended up with a disabling condition.
OnderLaw, LLC has experience investigating all types of accidents. We can take over this part of your case and obtain the evidence we need to show what happened. You won’t have to lift a finger when you hire us to represent you. Your only job will be to focus on yourself and getting your life back on track.
Oakland Accident Statistics
Multiple scenarios can lead to traumatic brain injuries. Workplace accidents and motor vehicle collisions are among the most common causes.
In 2020, traffic-related fatalities increased from the previous year in Oakland. A total of 33 people died in traffic-related incidents. The leading causes of these fatal accidents were unsafe turning, failing to yield, speeding, running a red light, and driving under the influence.
Fatal occupational injuries in 2019 were due to a range of incidents, including:
- Falls, slips, and trips – 88 fatal injuries
- Contact with equipment and objects – 55 fatal injuries
- Violence – 94 fatal injuries
- Transportation incidents – 141 fatal injuries
Why Do I Need a Lawyer? Why Choose OnderLaw, LLC?
If you were hurt in an accident due to someone else’s negligence, you need a skilled and experienced lawyer by your side to guide you through the complex legal process. We can protect your rights and pursue the maximum available compensation to get you back on your feet and the road to recovery.
At OnderLaw, LLC, we’re not afraid to stand up to individuals, businesses, and governmental entities and hold them liable for their wrongdoing. When faced with a difficult task, we rise to the challenge and work hard to achieve our client’s goals. You can depend on us to provide the skilled services you need and support you through this challenging time in your life.
Speak to a Dedicated Oakland Brain Injury Lawyer
OnderLaw, LLC has years of experience handling personal injury cases for accident victims in Oakland. We’re familiar with state laws and know how to resolve any issues we face. We can build a solid case that proves the injuries you suffered and gets you the money you’re owed. Whether your case is big or small, we will do our utmost to try to reach a favorable outcome.
Call OnderLaw, LLC at (314) 963-9000 for a free consultation today if you sustained a brain injury in an accident.