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When To Consult With a Brain Injury Lawyer

Updated: Feb 26

Brain Injuries Are Common in California After An Accident


Traumatic brain injuries (TBIs) are one of the most common injuries in people of all ages. From toddlers to teenagers to the elderly, brain injuries are devastating and may have long term consequences.


The Most Common Causes of Brain Injuries in California


Most brain injuries in California are the result of a car accidents, gunshot wound, sports trauma, and sometimes child abuse. Traumatic brain injury cases must be handled by professionals both in the medical field with a head trauma specialist as well as in the legal side with a brain injury lawyer.


Most Brain Injuries Are Serious


All brain injuries are very serious injuries that require a diagnosis from a head trauma specialist. Even if you have received a concussion after an accident you need to get checked as soon as possible. Head injuries can be very difficult due to the nature of the human skull and in some cases, they can be difficult to detect.


Even if there no obvious external bleeding, cuts or trauma ~ traumatic brain injuries can occur as a result of internal bleeding or trauma. After a serious accident, if you suspect to have a head injury you must notify your medical team and your personal injury attorney immediately.


We've represented clients who developed a brain injury as a direct result of anoxia. This happens when the brain is deprived of oxygen for an extended period of time. Anoxia can result in severe brain injury and long-term medical problems. Most cases of anoxic traumatic brain injuries occur in victims of near drowning accidents. A pre-screened Los Angeles Personal Injury Attorney will be able to assess the fact of your claim and determine is Anoxia was the cause.


Anoxia can also occur in children during labor, your brain injury lawyer can investigate through medical reports, witnesses, documentation and interviews who the responsible party is. All lawsuits involving traumatic brain injury should be handled by a pre-screened, reputable and experienced attorney.


Common Causes of Brain Injuries


According to the Centers for Disease Control and Prevention (CDC), 2.5 million people sought treatment for traumatic brain injuries in U.S emergency rooms in 2019. California alone accounts for 279,000 cases of traumatic brain injury in the same year.


It is estimated that 126,000 victims of traumatic brain injury are in disability in the state of California. Due to the fragile nature of the human head, an accident does not have to be severe for a brain injury to be sustained. No one is immune from a brain injury accident.

The common causes of traumatic brain injuries according to the CDC are:


Slip and falls (40%). Falls leading to a severe brain injury could take place at a location that is not well maintained, such a business with slippery floors, broken stairs or missing hand rails.


● Struck by an object (15.5%). Brain injuries sustained after being struck by something could happen while working, shopping at a warehouse, by falling objects and even playing sports.


Car accidents (14.3%). Car accidents in California are a very common cause of brain injuries. Whiplash, caused by being rear ended by another vehicle can cause a severe jerk to the head which causes a traumatic brain injury. During a car accident the head can also be struck by the steering wheel, dashboard, or airbag.


● Assaults (10.7%). Brain injuries also occur during a physical attack. Small children and elderly people are particularly susceptible to these type of accidents.


● Other accidents (19%) percent of TBIs are attributed to other type of accident such as: motorcycle accidents, truck accidents, and work injury accidents.



Who Is Responsible In A Brain Injury Lawsuit


A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act. Some of the more common include the following:


  • Driving faster than the posted speed limit

  • Failing to clean up liquid spills

  • Impaired driving

  • Improper storage of hazardous materials

  • Failing to properly maintain a pool deck

  • Failure to adequately maintain walkways and stairs


Because negligence can be difficult to prove, you should always consult with a a pre-screened Los Angeles Personal Injury Attorney who is experienced in brain injuries. When you meet with a lawyer, he or she will assess your case and determine whether you may have a claim and develop a plan of action.

You pre-screened Los Angeles Personal Injury Attorney will obtain evidence establishing negligence, such as surveillance recordings, maintenance records, toxicology test results, eyewitness accounts, vehicle computer data information, and expert opinion regarding the standard of care that should have been exercised by the responsible party.


Subtle Signs of A Serious Traumatic Brain Injury


Subtle signs TBI symptoms can be just as debilitating as other health problems but can leave accident victims with the frustrations associated with others not understanding that they are suffering from a brain injury.


Depression


People tend to think of TBIs a just a physical injury, however, TBIs can cause symptoms that go deeper than pain and discomfort. While the reason that TBIs can cause depression are not fully understood, there is evidence that points to the fact that they can cause drastic changes in the structure of the brain developing feelings of depression.


Sleeping Problems


People who have sustained head injuries are often confused, sluggish, or disoriented. While it is true that TBIs can cause some victims to sleep more than usual, sometimes TBIs have the opposite effect, making it difficult for people to sleep. Not getting quality sleep can have a impact on TBI victims, causing issues like depression, decreased energy, irritability, and fatigue.


Focusing


TBI accident victims often experience issues with concentration, making it difficult to perform well at work or school. This can affect a person’s ability to read, communicate with others, ignore distractions, watch videos, or drive.


Emotional Problems


TBI accident victims sometimes exhibit behaviors like sudden episodes of crying, laughing, anger, aggression and disinhibition. These issues can also make it difficult for TBI victims to return to their normal everyday life.


A Good Lawyer Can Help!


Insurance companies and sometimes doctors claim that the medical issues from which you are suffering have nothing to do with your brain injury and attempt to deny your claim based on that assumption.


Your pre-screened Los Angeles Personal Injury Attorney will will collect evidence establishing the way that your injuries have affected your life, including expert testimony connecting your symptoms to your traumatic brain injury an accident.


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