The city of Sacramento is home to many businesses, cultural sites, and educational institutions. With a population of over 500,000, Sacramento is a growing place with more opportunities available to its residents every day. Unfortunately, with so many opportunities comes some amount of risk. There are many accidents each day in the city that result in traumatic brain injuries. These injuries, aside from being physically debilitating, can cause stress, confusion, and frustration for those who suffer from them and their families.

If you or someone you love has been involved in an accident where you sustained a traumatic brain injury, you may be entitled to some compensation. The personal injury attorneys at OnderLaw are here to help. We’ve been helping victims of traumatic brain injuries since our foundation in 2002, reaching favorable outcomes for them in the form of both awards and settlements.

If you’re ready to take the next step in your traumatic brain injury case, call the Sacramento personal injury attorneys of OnderLaw today. We’ll schedule a free, confidential consultation and will help you determine the best course of action on your path towards justice.

Causes of Traumatic Brain Injuries

As you might expect, there are many potential causes for traumatic brain injuries. These causes may be either situational or environmental, and the injuries they cause can vary in levels of severity. A few examples of such causes include:

  • Vehicle accidents
  • Physical assault
  • Drowning
  • Dehydration
  • Slip and fall accidents
  • Exposure to hazardous or toxic materials
  • Premises liability accidents

Types of Traumatic Brain Injuries

Along with the wide range of causes of traumatic brain injuries comes a wide range of types of these injuries. You may be entitled to compensation if you have suffered any of the following kinds of traumatic brain injury:

  • Concussions occur when the brain is shaken against the skull as a result of a blow or jolt to the head. Concussions vary in levels of severity and may cause exhaustion, cognitive disability, blurry vision, nausea, and dizziness.
  • Brain contusion/intracerebral hematomas are instances of scattered bleeding across the brain’s surface caused by heavy blows to the brain. Contusions and hematomas may cause their victims to lose consciousness and experience cerebral swelling.
  • Shaken baby syndrome is a condition that affects infants and toddlers who have been shaken forcefully. In shaken baby syndrome, a child’s brain cells are destroyed, and their brain is prevented from getting sufficient oxygen. This is a form of physical abuse that can cause its victims to have developmental delays and experience the symptoms that are associated with concussions and cerebral contusions.
  • Penetrating injuries occur when an object penetrates the brain, leading to swelling, bleeding, and in some cases, death.

Compensation for a Traumatic Brain Injury Claim

In the state of California, you may be entitled to compensation for economic and/or noneconomic damages you experience as a result of a traumatic brain injury. The type of compensation you can expect depends on the severity of your injuries and the duration of your recovery period, as well as lost time from work and other expenses you incur while getting treatment for your injury.

  • Economic damages are easier to express in monetary terms and refer to the specific costs associated with a traumatic brain injury. Examples of these costs may include medical expenses (appointments, treatments, diagnostic procedures, etc.) or lost wages as a result of your traumatic brain injury and/or recovery time. To best document these costs, keep track of all medical records, timecards, and paystubs.
  • Noneconomic damages are the intangible pain and suffering costs that are associated with a traumatic brain injury. These may include emotional trauma, loss of mobility, loss of companionship, or loss of enjoyment of life. To best keep track of these damages, take note of any therapy/counseling you receive and keep a journal documenting how your injuries affect your daily life and routines.

Proving Negligence in California

In the state of California, liability is determined on the basis of negligence. In most cases, negligence is when one party acts in a reckless or harmful way against another party or fails to act when they owe them a courtesy or service. California is a pure comparative negligence state, meaning you will be considered liable to the same degree to which you’re found negligent, but even if you’re found partially at fault, you may pursue compensation for the percentage of the accident for which you are not found liable.

For example, if the court decides you are entitled to $150,000 in compensation, but you are found to be 20 percent liable, you’ll be able to obtain 80 percent of the compensation, or $120,000. Schedule a consultation with one of our attorneys today to determine the best course of action for obtaining compensation in your traumatic brain injury case.

Statute of Limitations on Personal Injury Lawsuits

In order to give your traumatic brain injury case a chance at being heard in court, it is important to file an official lawsuit. Depending on the nature of your accident, there are several important timelines to consider when filing.

  • If you’re seeking compensation for a personal injury claim (such as a traumatic brain injury claim), the state provides a window of two years from the date of the accident in which to file a lawsuit.
  • If you’re seeking compensation for a personal injury claim in an accident involving a government agency/employee, the state provides a window of six months from the date of the accident in which to file a lawsuit.

Should you file your lawsuit after the statutory deadline has passed, the court may dismiss your case, leaving you without the option to pursue compensation in the court system.

California Brain Injury Statistics

According to the California Department of Public Health, there were 1,450 incidences of traumatic brain injury in Sacramento county in the year 2015.

In a report from the Center for Disease Control, it is estimated that each year, traumatic brain injuries lead to 230,000 hospitalizations, 50,000 deaths, and 80,000-90,000 long-term disabilities nationwide.

The Brain Trauma Foundation estimates that the leading cause of traumatic brain injury is falls (28%), followed by motor vehicle crashes (20%), object collisions (19%), other incidences (12%), and assaults (11%).

Why Do I Need a Lawyer?

If you or someone you love has been the victim of an accident that caused a traumatic brain injury, it’s likely that you have many questions. Between dealing with insurance companies, paying medical bills, and gathering evidence for a personal injury claim, it can be stressful to manage a traumatic brain injury case on your own. At OnderLaw, we are committed to handling each detail of your case so that you can focus on your health while we pursue compensation for you.

Our wide-reaching network of legal and medical connections, tried-and-true strategies, and over nineteen years of experience in the personal injury arena make OnderLaw an excellent choice when pursuing compensation in your TBI case.

At OnderLaw, we are dedicated to handling all communication on each client’s behalf. This means that we will manage all discussions with the insurance companies, witnesses, and law enforcement so that we can protect your rights and you can avoid accidental self-incrimination. With an OnderLaw attorney, you can trust that your case is in the most qualified hands.

Why Choose OnderLaw?

Since 2002, we’ve been handling numerous types of personal injury cases, including traumatic brain injury cases, motor vehicle accident cases, and premises liability cases. Our attorneys have been receiving recognition for their excellent work on both local and national levels. We’ve been given a 5.0 out of 5 rating by Martindale-Hubbell Peer and Client Review Ratings and have had several of our attorneys named members of the Million Dollar Advocates Forum.

James G. Onder, our founding attorney, has been committed to excellence since founding OnderLaw over nineteen years ago. A 1988 graduate of the St. Louis University School of Law, Onder has reached over $3 billion in settlements for his clients with hard work and attention to detail in each case he takes on.

Another of our personal injury attorneys, Matt O’Grady, has been protecting the rights of clients like you since graduating from the Washington University School of Law. O’Grady’s excellence both in and out of the courtroom has earned him acclaim, as demonstrated by his 2015 Missouri Lawyers’ Award. O’Grady fights for justice in each case he takes on, working to secure compensation for those who deserve it. His strategic thinking and dedication to success have made him an important member of the OnderLaw team.

Give OnderLaw a Call Today

If you or someone you love has been involved in an accident that left them with a traumatic brain injury, you’re well aware of how stressful it can be to seek compensation. Between managing your injuries, figuring out which forms to file with which companies, and dealing with insurance companies, a lawsuit can be difficult to manage on your own.

At OnderLaw, we are ready to step in and help you through difficult times like these. If you’re ready to take the next step towards pursuing justice for your traumatic brain injury, give OnderLaw a call today. We’ll schedule a free, confidential case evaluation and help you determine the best course of action for your case. Don’t allow a lack of financial resources or legal knowledge to keep you from pursuing the compensation you deserve. Call today.