If you sustained a brain injury in an accident caused by someone else, you have the right to hold them liable for the harm you’ve suffered. At OnderLaw, our Santa Clarita personal injury attorneys have the experience needed to help you pursue justice and compensation for the expenses and losses that have resulted from your injury.

Brain injuries can result in permanent damage and ongoing symptoms. Complications can arise that upend your life and prevent you from returning to your usual routine. It can affect your job, family, and overall happiness.

Any number of events can lead to a brain injury requiring substantial medical care. Any lingering symptoms you suffer after treatment could result in ongoing bills for rehabilitation, household assistance, and other costs.

The Santa Clarita brain injury attorneys of OnderLaw know the uphill battle you face. If you’re in pain and unable to return to work, then it’s impossible to earn a living to cover your daily expenses and medical bills. Debilitating symptoms can interfere with basic tasks. You can count on our team to stand by your side and fight for the full financial recovery you deserve.

Call OnderLaw for a free consultation to learn more about the services we offer.

Causes of Traumatic Brain Injuries

A traumatic brain injury can result from a range of scenarios. You could suffer a severe fall on someone’s poorly maintained property or hit your head on the steering wheel during a violent car crash.

The most common causes of a traumatic brain injury include:

  • Falls from heights
  • Product defects
  • Dangerous medical devices or equipment
  • Malfunctioning machinery
  • Slip-and-fall or trip-and-fall accidents
  • Medical malpractice
  • Motor vehicle accidents
  • Workplace hazards
  • Being struck by or caught between objects

If another person’s or entity’s actions contributed to your injury, you could seek the money you need to cover your losses through a personal injury claim or lawsuit. At OnderLaw, we have the resources to collect available evidence to help prove you suffered an injury in an accident caused by a negligent party. We can file an insurance claim on your behalf and negotiate for a full and fair settlement. Don’t hesitate to contact us if someone’s careless or reckless actions led to your traumatic brain injury.

Types of Traumatic Brain Injuries

A traumatic brain injury (TBI) typically occurs when a person experiences a violent blow or jolt to the head or body. An object that penetrates the skull and causes damage to the brain can also lead to a TBI. Traumatic brain injuries can range from mild to moderate or severe. Some of the most common types of brain injuries we see include:

  • Contusions: A cerebral contusion is when the brain, itself, is bruised, which may result in bleeding and swelling at the site of the injury.
  • Concussions: A concussion may result when a bump or force exerted on the head or body causes the brain and head to move quickly back and forth, causing injury to the brain. Concussions can range from mild to severe and may cause attention or memory problems. The patient might also experience a brief loss of consciousness.
  • Coup-contrecoup injuries: A coup-contrecoup injury results when the brain is injured at the site of a blow, which causes the brain to impact the opposite side of the skull and sustain an injury on that side, as well.
  • Diffuse axonal injuries: In this type of injury, the brain’s long nerve fibers are torn as a result of the brain shifting and turning within the skull. This is one of the most serious types of brain injuries and often results in coma or death.
  • Hypoxic or anoxic injuries: When the brain doesn’t get sufficient oxygen, such as from loss of blood flow to the brain, a hypoxic injury can result. When the brain doesn’t get any oxygen for a period of time, an anoxic injury may result.
  • Open brain injuries: An open brain injury is one where the skull has fractured or been penetrated in some way, such as from a bullet, flying debris, or another sharp object. An open TBI can lead to brain tissue damage.
  • Closed brain injuries: A closed TBI is when the injury is a non-penetrating injury involving no break in the skull itself.

A major sign that someone suffered a traumatic brain injury is a loss of consciousness after the incident. It may last for only a few minutes or for a prolonged period. The symptoms you experience will depend on the type and severity of TBI you sustained. The most common include:

  • Dizziness
  • Fatigue
  • Slurred speech
  • Changes in behavior or mood
  • Headaches
  • Nausea or vomiting
  • Dilated pupils
  • Sensitivity to light
  • Blurry vision
  • Restlessness or agitation
  • Sensitivity to smells
  • Trouble sleeping
  • Confusion and memory problems

If you show any signs of suffering a traumatic brain injury, seek immediate medical attention. The doctor can determine if you suffered a TBI and the treatment plan necessary to help you heal. Some people can recover at home without much medical intervention, while others require hospitalization, physical therapy, prescriptions, and rehabilitation.

Compensation for a TBI Claim

If another party was responsible for your traumatic brain injury, you could hold the negligent party liable for the losses you suffered, such as:

  • Medical expenses
  • Physical impairment or disfigurement
  • Property damage
  • Lost wages
  • Lost earning capacity
  • Loss of quality of life
  • Emotional distress

OnderLaw understands how important it is to avoid being left with out-of-pocket expenses. Many of our clients face economic burdens while healing from a traumatic brain injury. It can be overwhelming if you don’t have the financial means to pay for the various bills you receive during treatment. We will do our best to try to recover the maximum compensation you’re owed for the suffering you endured.

Proving Negligence in California

If you want to sue the party responsible for your traumatic brain injury, you must follow the statute of limitations for personal injury cases in California. This is the timeframe you’re given to file a lawsuit in court, which, in California, is just two years. That means you have two years from the date of the injury to file a lawsuit in civil court. If the statute passes, you could lose your right to pursue compensation from the at-fault party.

In order to prove that the other party was at fault for your injury and liable for your losses, you must be able to show that they acted negligently in some way. Negligence is the legal basis for many personal injury cases. Basically, it is a person’s failure to exercise a reasonable degree of care to avoid causing injury to another.

Unfortunately, if your own negligent actions contributed to the accident in some way, it could prevent you from seeking the total amount of available compensation. Under California’s pure comparative negligence rule, a jury can diminish a plaintiff’s monetary award by their percentage of shared fault.

For example, if you incurred $100,000 in losses but were 25 percent responsible for your injury, you would receive no more than $75,000 in compensation. This rule would apply even if you were 99 percent at fault for the accident.

Santa Clarita Accident Statistics

Traumatic brain injuries can result from many different types of events and hazards, but, according to research from the Centers for Disease Control and Prevention, some of the most common causes are falls and motor vehicle crashes. In 2017, unintentional falls led to 49.1 percent of all TBI-related hospitalizations, while motor vehicle crashes led to 24.5 percent of these hospitalizations.

Unfortunately, head injuries are often a factor in car accident fatalities. In 2019, there were 3,606 traffic-related deaths throughout California, while, that same year in Santa Clarita, there were ten fatal traffic accidents resulting in ten fatalities.

Occupational hazards are another common factor in accidents involving traumatic brain injuries. In 2019, there were 79,620 nonfatal occupational injuries to the head in the U.S. That’s equivalent to a rate of 7.8 head injuries per 100,000 full-time workers.

Why Do I Need a Lawyer? Why Choose OnderLaw?

Personal injury cases involving traumatic brain injuries tend to be complicated. TBIs can result in long-term or even lifelong challenges and can impact every area of your life. It’s important to work with a legal team that is highly experienced in this area of law and has the skills to both build a strong case against the at-fault party and also determine the full scope of the present and future losses you may sustain.

OnderLaw will work tirelessly to build a case that enables you to pursue maximum compensation. We’ll handle each step of the legal process, so you can attend your doctor’s appointments and focus on healing.

Our Santa Clarita brain injury attorneys will be with you every step of the way. When you hire us, you will receive the one-on-one attention and personalized services you deserve, and you will always have a dedicated legal team in your corner.

Contact OnderLaw Today for Your Free Consultation

Since 2002, OnderLaw has built and maintained a stellar reputation among accident victims and the legal community. We received an AV® rating from Martindale-Hubbell and recognition from prestigious organizations, such as Super Lawyers and the Million Dollar Advocates Forum.

We take traumatic brain injury cases on contingency, so you’re not forced to pay upfront for our services. We won’t collect any legal fees or costs unless we can recover compensation for you. If we lose, you will never owe us money for the work we have done.

If you sustained a traumatic brain injury due to another person’s negligence, contact OnderLaw now. One of our Santa Clarita brain injury attorneys can discuss the details of the incident during your free consultation and advise you on your best legal options for seeking compensation. Call or reach out to us online.