In the not-too-distant past, brain injuries were rarely discussed. Helmet laws were a rarity, and we did not talk about how certain sports could cause permanent damage to the brain. Today, we know better – and are far more aware of just how common and how devastating injuries to the brain can be.

Traumatic brain injuries – or TBIs – are a leading cause of both disability and death in the United States. Typically caused by a bump, blow, or jolt to the head or a penetrating injury, a TBI affects how the brain works. A person who suffers a TBI may be entitled to financial compensation if their injury was caused by another person’s negligence.

A TBI is often a catastrophic injury, and may even be fatal. At Appel Law Firm, we have significant experience handling claims involving TBIs. Reach out today to schedule a free consultation with an experienced Walnut Creek, CA personal injury lawyer. 

What Is a Traumatic Brain Injury?

Traumatic Brain Injury (TBI) occurs when the brain tissue is damaged by an impact or intrusion. The brain is a delicate organ that is encased in a protective boney structure, the skull. It is essentially the control center for the entire human body, a nerve, and processing center. Anytime there is an intrusion into the brain area, the body can suffer drastic effects or death. Walnut Creek, CA, residents and visitors who have received a brain injury in accidents should get in touch with a personal injury attorney to discuss the best outcome they may have in pursuit of compensation for their accident injuries, including TBI.

This type of brain injury will fall into one of two categories: mild or severe. With a mild TBI, the person may lose consciousness or become confused and disoriented for a short period of time, less than 30 minutes. There may be some cognitive symptoms like headache, memory or attention difficulty, and moodiness. Severe TBI causes longer periods of unconsciousness and memory loss. An injured person with severe TBI may have impaired cognitive function or even become comatose. They may have difficulty moving their arms or legs and exhibit abnormal speech. There could be some loss of ability to think normally and they might develop emotional problems.

Causes of Traumatic Brain Injury (TBI)

Many accidents may result in injury to the head and the brain area. The United States Centers for Disease Control and Prevention claim that about 1.5 million people in this country will receive accidental brain injuries of this type, and approximately 50,000 will die. Another 85,000 will be left with long-term disabilities and ongoing expenses for medical care.

There are several causes of TBI injuries:

• Vehicle accidents
• Falls
• Firearms accidents – usually fatal
• Sport-related accidents
• Motorcycle Accidents

Brain Injury

TBI occurs when there is an open head injury, a closed head injury, or a deceleration injury. It can also be related to exposure to chemicals or toxic substances, hypoxia from lack of oxygen, tumors, stroke, or infections.

Bullet wounds can cause open head injuries when the bullet penetrates the skull and harms the soft brain tissue. Vehicle crashes and slip and fall accidents may cause a closed head injury. Deceleration injuries occur when the soft brain tissue continues to move inside the skull when there is a sudden deceleration, as happens with a sudden stop in a vehicle collision. The brain also collides with the interior of the skull, causing diffuse axonal injury, swelling, and bruising. When axons are torn due to this motion, the neuron cells die.

Neurons can also be damaged by chemicals and toxic substances. Lack of oxygen or blood supply can create irreversible brain injury in a few minutes. Invasion of the brain tissue by tumors or infections increases pressure within the brain and damages cells. Any surgical invasion in the brain area can cause related problems and additional brain injury.

Treatment for TBI can be extensive and expensive. If you live in Walnut Creek, a local personal injury lawyer may be able to help you obtain fair compensation for accidental traumatic brain injuries. The aftermath of a vehicle accident that caused brain injuries can mean a lifetime of medical care, rehabilitation, work loss, or death of the patient. Surgeries may be required well beyond the initial accident treatment.

Prevention of Traumatic Brain Injury

Since many TBI incidents begin with car crashes, adhering to basic vehicle safety rules is a primary way to help prevent brain injuries.

• Always wear a seat belt when traveling in a motor vehicle. This should prevent the occupant from colliding with the interior parts of the vehicle or being thrown out of the vehicle.
• Children should always be securely seated in a safety seat or child-safe booster chair.
• Never drive while impaired or distracted.
• Wear a helmet if you ride a bicycle, motorcycle, scooter, snowmobile, or horse.
• Wear a protective helmet for sports like skiing, skating, skateboarding, or snowboarding.

Avoid potential falls by using stairway rails and having stairs adequately lighted. Use an elevator or escalator if you have difficulty with vision or walking. Lock or bar windows on the upper floors so children do not fall out. Keep walkways and stairs clear of objects that could cause a person to trip or fall. Guns should always be stored unloaded, locked securely in a cabinet, use trigger locks, and keep ammunition separate from the guns.

TBI may appear immediately or later on after an accident. If you are having symptoms of TBI following an accident, take time to call our Walnut Creek, CA, law firm and discuss your potential case with our personal injury attorneys. You may be able to obtain compensation for accidental injuries you receive in an accident if you act quickly and get experienced legal representation. Call today to set up your free consultation with our traumatic brain injury attorneys.

Can I File a Lawsuit for My TBI?

In some situations, a person suffers a traumatic brain injury and no one is to blame: it was just bad luck. However, there are many cases where an individual’s TBI was caused by someone else’s careless or even intentional conduct. If your TBI was the result of an accident, then you may be able to file a personal injury lawsuit against the at-fault party.

Depending on the facts of the case, an injury victim may be able to file a claim against:

• A negligent driver
• A property owner 
• A product manufacturer
• An employer
• A government entity

For example, if you tripped on a piece of broken concrete on a city sidewalk and hit your head on the ground, then you might be able to file a claim against the city for their failure to correct (or warn about) the dangerous condition. Similarly, if you were in a motor vehicle accident and suffered a TBI as a result, you could pursue a personal injury lawsuit against the at-fault driver.

Through this type of claim, you could recover financial compensation for your losses. This may include three types of damages: economic, non-economic, and punitive damages.

Economic damages compensate an injury victim for their direct financial losses. They may include items such as medical bills, future medical treatment, physical therapy, lost wages, property damage, and reduced earning capacity. In TBI cases, economic damages can be quite steep.

Non-economic damages are designed to compensate accident victims for their intangible losses. Examples of non-economic damages may include compensation for pain and suffering, scarring, disfigurement, loss of enjoyment of life, and emotional distress. Like economic damages, non-economic damages may be particularly high in a TBI case given that many individuals with TBIs are permanently disabled as a result of their injuries.

Finally, punitive damages may be awarded if the at-fault party acted intentionally or with gross recklessness. While punitive damages are rare in personal injury cases, they may be possible in situations like drunk driving accidents.

When a person dies as a result of a traumatic brain injury, the survivors could file a wrongful death lawsuit against the responsible party. Damages in a wrongful death claim may include burial and funeral expenses, the amount of money that the deceased would have earned in their lifetime, and compensation for the loss of the deceased person’s companionship and support.

The best way to determine if you have a potential claim is to reach out to a seasoned traumatic brain injury attorney. During a free initial consultation, they will listen to your story and advise you of your rights.

Do I Need a Lawyer for a TBI Case?

If you suffered a TBI in an accident, it is possible to file a claim with the at-fault party’s insurance company on your own. Alternatively, an adjuster for the insurance company may even approach you and offer to settle the case. As a general rule, it is a bad idea to try to handle this type of complex case on your own.

Insurance companies are in business to make money. Their goal in any given case – and particularly a case that involves severe injuries – is to settle the claim for as little money as possible. In cases involving catastrophic injuries like a TBI, this could lead to devastating results.

An initial settlement offer for a TBI will rarely be enough to truly compensate an injury victim for their losses. In many situations, the full extent of an individual’s needs won’t be apparent for months or even a year after the accident. Without the advice and assistance of a skilled traumatic brain injury lawyer, you may be left without enough money to pay for your medical treatment, home modifications, and other necessities.

An attorney will work with medical experts to help determine the true scope of your losses – and the type of care that you will likely need in the future. At the same time, your lawyer will work with vocational experts and other professionals to determine how your traumatic brain injury will affect your ability to work, engage in your favorite activities, and even take care of yourself on a daily basis. With this in mind, they will then aggressively advocate for your right to full compensation.

If you have suffered a TBI, don’t go it alone. Appel Law Firm is here to help. Reach out today for a no-cost, no-obligation consultation with a member of our legal team.

Fighting for Victims of Traumatic Brain Injuries

When you suffer a TBI, you may not know what the future holds. While we can’t make you whole again, our law office will fight to ensure that you get the money that you need to move forward with your life. We will also help you obtain some measure of justice.

Based in Walnut Creek, the Appel Law Firm represents clients throughout Northern California. We have a proven track record of success in cases involving severe and catastrophic injuries. To learn more or schedule a free initial consultation with a traumatic brain injury lawyer, call us at 925-938-2000 or fill out our online contact form.

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