Suing for a Brain Injury in California

Catastrophic injuries happen every day. People suffer spinal injuries from bicycle, motorcycle and other vehicle accidents. People are crushed in their cars in 18-wheeler accidents. People fall from rickety staircases and break their necks and backs. 

A catastrophic injury is a physical injury or illness that is regarded as extreme or particularly serious, has a considerable impact on the victim of the injury or illness, and needs a considerable amount of medical treatment. Catastrophic injuries may not always be permanent, but they generally take months or years to heal.

One type of serious catastrophic injury involves the brain. Brain injuries can be particularly debilitating. They are often referred to as a traumatic brain injury, or “TBI.” According to the Centers for Disease Control:. 

• There were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021.
• This represents more than 586 TBI-related hospitalizations and 190 TBI-related deaths per day.
• These estimates do not include the many TBIs that are only treated in the emergency department, primary care, urgent care, or those that go untreated.
• People aged 75 years and older had the highest numbers and rates of TBI-related hospitalizations and deaths. This age group accounts for about 32% of TBI-related hospitalizations and 28% of TBI-related deaths.
• Males were nearly two times more likely to be hospitalized (79.9 age-adjusted rate versus 43.7) and three times more likely to die from a TBI than females (28.3 versus 8.4).

A brain injury can be the result of: 

• A bump, blow, or jolt to your head
• A penetrating wound like a bullet
• A car crash where the person’s head hits the inside or the vehicle
• Any situation when the brain is moved inside the head and then strikes the skull or twists around putting pressure on the spine, permanent physical injury and chemical changes can happen. 

There are three main different sorts of traumatic brain injuriesI. A mild TBI is often referred to as a concussion. In addition, there are moderate TBls and severe TBls. For people who suffered a mild TBI, it may take awhile for them to connect the accident or incident with their physical and mental ailments. Physical symptoms may include dizziness, headaches and fatigue. Mental ailments may include confusion, grogginess, and difficulty concentrating. Moderate TBl’s can include comas and loss of sensation in your limbs. You may have difficulty engaging in deep thinking, have trouble communicating and feel groggy. People with severe TB’sI may have longer and more serious symptoms including depression, movement disorders and seizure. 

What To Do If You’ve Suffered a Brain Injury

If you’ve suffered a brain injury, the most important step to take is to see your doctor. He or she can hey may do the following tests:

• Neurological evaluation
• Imaging tests, such as a CT scan or MRI for brain bleeding and swelling.
• Blood tests

Do You Have the Grounds for A Personal Injury Lawsuit

If you’ve suffered a brain injury, you may have legal recourse against the person or persons who were responsible. Whether it was a negligent driver, a landowner who did not properly maintain his premises resulting in your fall, or some comparable situation, you may be able to bring a personal injury lawsuit.

In California you must prove the following to prevail in a personal injury lawsuit:

• The defendant owed you a duty of care
• The defendant breached that duty of care
• You suffered compensable injuries as a result

So the first question is – did the defendant owe you a duty of care, and was that duty breached. If your brain injury was caused by an 18-wheeler speeding down the road, the simple fact that the driver was exceeding the speed limit may in and of itself show he breached his duty of care to you. Similarly, if you fell from a hotel’s balcony, you may be able to show that, under premises liability law, the landlord owed you a duty of care to protect you from foreseeable harm and breached that duty by failure to ensure proper maintenance of the balcony. Note that every case is fact specific and depends upon the facts that can be proven. 

In California, you generally have two years to bring a personal injury lawsuit in the event of a traumatic brain injury. This deadline may vary somewhat depending upon when you learned that you actually had suffered a brain injury, or in the case of minor children.It’s important to move quickly if you think you have a case, because it takes a great deal of time to interview witnesses, review medical records. Your Santa Ana brain injury lawyer can help you understand the timelines that must be met in order to bring a traumatic brain injury lawsuit. 

What Damages Can You Recover?

If you’re able to prove that you suffered a traumatic brain injury due to the negligence of another party, you may be able to recover damages. These include:

• Economic Damages – which include medical costs, lost wages, and other out-of-pocket expenses;
• Non-Economic Damages – which include damages to compensate you for pain, suffering, emotional distress, and other intangible damages; and
• Punitive Damages – sometimes your Santa Ana brain injury lawyer will try to recoup these damages for you in particularly egregious cases.

Contact The Law Offices of Benjamin Arsenian, PC

Experiencing an injury to your brain can permanently impact the way in which your brain functions. This in turn results in substantial medical costs immediately after the accident or incident and ongoing medical care. Brain injuries can also generally impact your ability to work, and without adequate compensation to cover your loss of income and medical bills you and your family will have to shoulder that weight. The attorneys at the Law Offices of Benjamin Arsenian are focused on helping you get the compensation you deserve. Once we have stepped in to represent you, we handle all aspects of your case, allowing you to relax and recover from your injuries. Contact us today for a free consultation.