Legally reviewed by:
Setareh Law
December 28, 2024

We don’t have to tell you how important the brain is. It controls nearly every bodily function. Bumping your head in an accident can lead to traumatic brain injury (TBI). If you were involved in an accident that caused a traumatic brain injury, you deserve prompt medical care and compensation, especially if the accident was due to no fault of your own. According to the California Department of Public Health, traumatic brain injuries are a significant concern in the state, necessitating awareness and preventive measures.

Reach out to our personal injury lawyers at Setareh Law if you need help navigating the legal process surrounding your traumatic brain injury claim. We will work with you every step of the way to make sure you get the compensation you deserve.

Understanding Traumatic Brain Injuries

Traumatic brain injuries (TBIs) are a significant public health concern in California, affecting millions of people each year. A TBI occurs when the brain is damaged due to a blow or jolt to the head, disrupting normal brain function. These injuries can range from mild to severe and can have long-lasting effects on cognitive, emotional, and functional abilities. Whether it’s a mild concussion or a severe brain injury, the impact on an individual’s life can be profound and far-reaching.

Causes of Brain Injury

TBIs can occur due to various causes, including:

  • Motor vehicle accidents: Car accidents are a leading cause of TBIs, particularly among young adults. The sudden impact can cause the brain to collide with the skull, leading to significant damage.
  • Falls: Falls are a common cause of TBIs, especially among older adults and young children. Slipping on a wet floor or tripping over an obstacle can result in a serious head injury.
  • Sports injuries: Contact sports, such as football and hockey, can lead to TBIs due to collisions and falls. Athletes are at a higher risk of sustaining concussions and other brain injuries.
  • Assaults: Physical altercations and domestic violence can result in TBIs. Blows to the head during an assault can cause severe brain injuries.
  • Penetrating injuries: Gunshot wounds and stabbings can cause severe TBIs. These injuries involve an object penetrating the skull and damaging the brain tissue.

Effects of Traumatic Brain Injury

The effects of a TBI can vary depending on the severity of the injury. Mild TBIs, also known as concussions, may cause temporary symptoms such as headache, dizziness, and confusion. However, severe TBIs can result in long-term or even lifelong consequences, including:

  • Cognitive impairment: Difficulty with memory, attention, and decision-making can significantly impact daily life.
  • Emotional changes: Mood swings, depression, and anxiety are common emotional effects of TBIs.
  • Physical disabilities: Weakness, numbness, or paralysis of limbs can occur, affecting mobility and independence.
  • Communication difficulties: Speech and language problems can make it challenging to communicate effectively.

Symptoms and Diagnosis

Symptoms of a TBI can vary depending on the severity of the injury. Common symptoms include:

  • Loss of consciousness
  • Headache
  • Dizziness
  • Nausea or vomiting
  • Confusion
  • Mood changes
  • Seizures

Diagnosis of a TBI typically involves a combination of physical examination, imaging tests (such as CT or MRI scans), and cognitive and behavioral assessments. Early diagnosis is crucial for effective treatment and better outcomes.

Treatment and Rehabilitation

Treatment for a TBI depends on the severity of the injury. Mild TBIs may require rest and monitoring, while severe TBIs may require hospitalization and surgery. Rehabilitation programs, such as physical, occupational, and speech therapy, can help individuals with TBIs regain cognitive, emotional, and functional abilities.

In California, individuals who have suffered a TBI due to someone else’s negligence may be eligible to seek compensation for medical expenses, lost wages, and other damages. It is essential to consult with a qualified attorney to discuss options for seeking compensation and to ensure that rights are protected.

Remember, if you or someone you know has suffered a TBI, it is crucial to seek medical attention immediately. Early diagnosis and treatment can significantly improve outcomes and reduce the risk of long-term consequences.

Traumatic Brain Injury Statistics in California

Mild to severe TBI injuries may have long-term effects. In California, 250,000 people visited the hospital due to traumatic brain injuries in 2014. Out of these, 32,900 were hospitalized for non-fatal TBI injuries. TBI-related hospitalizations have shown a decrease in recent years, but there has been an increase in mortality rates, highlighting the need for targeted prevention strategies. Some other TBI statistics include:

  • About 79% of TBI patients are male
  • Up to one-third of people who get TBIs are injured while under the influence
  • About two-thirds of people with TBI injuries have a history of alcohol abuse or risky drinking

The CDC has determined some leading causes of traumatic brain injuries as slip-and-fall accidents (28%), motor vehicle accidents (20%), workplace injuries, and assault, among others. 2.5-3 million Americans sustain a TBI annually, which is a very high number. It’s important to heed any safety laws in order to lessen your chances of receiving a TBI.

Tips to Prevent Traumatic Brain Injury

There are many ways you can protect yourself from getting a TBI. Some prevention tips include the following:

  • Wear protective gear when using a motor vehicle. This includes wearing helmets or other protective headgear on motorcycles, bicycles, scooters, and skateboards.
  • Do not drive while intoxicated, whether on drugs or alcohol.
  • The older generation is particularly prone to slip-and-fall accidents. You may need to talk to your doctor to evaluate your medication’s side effects and risk of falling. You can also get your eyes checked, and your prescription updated if need be.
  • Make your home safe for children by installing window guards, stair gates at either end of the staircase, and handrails on stairs to keep them from falling. Children’s playgrounds should have soft material beneath them to cushion them when they fall during play.

Emergency department visits related to TBIs are common in California, often resulting from falls, traffic accidents, and assaults, underscoring the need for effective prevention strategies.

If you see someone who falls and hits their head, do not attempt to move them. If they are wearing a helmet, do not remove it. The best you can do is call 911 and if you know first aid, try to stop the bleeding, if there is any. Moving them can worsen any injuries they have sustained and put you at risk of a lawsuit. You can be sued for improperly moving an injured person, thus causing further injury.

Getting Compensation For a Traumatic Brain Injury from a Car Accident

To get compensation for a TBI, whether from a car accident or another incident, you must be able to prove that someone’s negligent actions caused your injuries. Victims of TBIs caused by someone else’s negligence may be eligible for financial recovery under personal injury laws. Proving negligence requires you to prove the following elements:

  • The defendant owed you a duty of care
  • The defendant breached their duty
  • This breach caused your injuries

Breach of duty can be in the form of running a red light, speeding, intoxicated or distracted driving, failure to maintain premises, and ignoring apparent hazards on properties, among others. If the defendant is found to be negligent, you are entitled to receive compensation in the following areas if you suffered losses in those areas:

  • Medical bills
  • Future medical bills arising from the accident
  • Loss of capacity to work
  • Lost income and employment benefits
  • Loss of quality of life
  • Emotional distress
  • Pain and suffering

An experienced attorney can help negotiate a fair settlement to ensure you receive appropriate compensation for your injuries. Contact an experienced traumatic brain injury lawyer to get the compensation you deserve. You should not have to pay for the consequences of someone’s negligence.

Contact an Experienced Personal Injury Lawyer Today

Healing from a traumatic brain injury is complex. Rehabilitation can help you regain normal functions, depending on the severity of your TBI. Rehabilitation would be a slow process, even if your injury is mild. It can take months or years and requires patience, which is why you deserve compensation for your injury. Even if your injury is classified as a mild TBI, you still deserve compensation for the impact it has on your life.

Getting compensated for a TBI cannot undo the damage, but it goes a long way toward rehabilitating the individual and ensuring they are comfortable. Setareh Law Firm is here to give you the legal representation you need to recover compensation for your losses. Contact us today for a free consultation at (310) 659-1826 or fill out a contact form. Our lawyers also speak both Spanish and English.