Any kind of head injury could cause severe physical impairments. A head injury can occur when you slip and fall or if you’re hit in the head with…Read More
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Brain Injuries Are Common After Accidents
Traumatic brain injuries (TBIs) are one of the most common injuries in young men aged 15 to 24, though the elderly and the very young often suffer these brain injuries as well.
What Are The Most Common Causes of Brain Injuries?
Most traumatic brain injuries are the result of a vehicle accident, gunshot wound, sports trauma, or child abuse. Because of the nature of the injury, if you or a loved one has experienced a TBI you should contact a Northern California traumatic brain injury lawyer immediately. You or they may be entitled to monetary damages.
Most cases of traumatic brain injury involve an accident or deliberate act or arise out of negligence. Any traumatic brain injury case should be handled by an experienced legal representation. A Northern California traumatic brain injury attorney can assist people injured and recover financial damages from all liable parties involved.
All Brain Injuries Are Serious Injuries
All brain injuries are serious injuries that require a diagnosis from a medical professional. Even if you have received a concussion from an impact you need to get checked out immediately. Any head injuries can be very complex due to the nature of the human skull and sometimes they’re hard to spot.
Brain Injuries Can Happen From Internal Wounds
Some traumatic brain injuries can occur from internal wounds, so it is always important to undergo a thorough medical examination if a head injury has occurred. Never sign any forms or agree to a settlement before speaking to one of our qualified Northern California and San Francisco traumatic brain injury attorneys first. Often, victims in accidents are taken advantage of by other parties, including their own insurance companies, who often try to undervalue the monetary value of their clients’ cases.
Another frequent incident resulting in a traumatic brain injury is called anoxia. Anoxia occurs when the brain is completely deprived of oxygen for an extended period of time. Anoxia can result in severe brain damage and lifelong medical problems. The most frequent cases of anoxic traumatic brain injuries occur in victims of near-drowning and heart attacks. Anoxia can also occur in infants and newborns during birthing. A Northern California traumatic brain injury lawyer can investigate your case fully and will hold accountable all liable parties.
GJEL Has Recovered Millions for Clients With Brain Injuries
The law firm of Gillin, Jacobson, Ellis, Larsen & Lucey has over thirty years of experience trying legal cases in San Francisco and Northern California. Our Northern California traumatic brain injury lawyers are available at any time for a free consultation on the details of your case.
All of GJEL’s Northern California traumatic brain injury lawyers work on cases free of charge until we successfully settle or win your lawsuit. Our payment is always a preset amount of the award, and our clients only pay us after we have won their case.
All lawsuits involving traumatic brain injury should be handled by an experienced law firm. If you or a loved one has suffered a traumatic brain injury in San Francisco or Northern California and you believe it was the fault of someone else, we encourage you to contact our offices immediately. An experienced Northern California traumatic brain injury attorney will give you a free, confidential evaluation with no obligation to you whatsoever.
Please visit the Contact Us page to find our local office nearest you.
The Most Common Causes of Brain Injuries
Brain injuries affect a significant number of people. 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 2010.
It is estimated that 5.3 million Americans are living with a traumatic brain injury disability. No one is immune from this type of injury. Due to the fragile nature of the head, an accident does not have to be severe for a brain injury to be sustained.
The CDC lists these events as the most common causes of traumatic brain injuries:
● Falls (40%). Falls leading to a brain injury could take place at a location that is not well cared for, such a business with trash or liquid on the ground or at a place where handrails are missing. Falls could also take place at a nursing home that does not have adequate staffing.
● Struck by/against an object (15.5%). Brain injuries sustained after being struck by something could happen while playing contact sports such as football or boxing. Workplace and military accidents could also involve being struck.
● Motor vehicle accidents (14.3%). Car accidents are another common way a person’s brain becomes injured. Whiplash, which involves a severe jerk to the head, can cause a traumatic brain injury. Another way a brain injury might occur is if the head hits the steering wheel, dashboard, or airbag.
● Assaults (10.7%). The last category of common cause of brain injury is assaults. This would occur during some type of physical attack. Domestic abuse is included in this category as is shaken baby syndrome.
The remaining 19 percent of TBIs are attributed to unknown or “other” causes.
Additionally, some people are at a greater risk for sustaining a traumatic brain injury because of activities they participate in or because of their physical health. Of deaths related to traumatic brain injuries in the past few years, men died at nearly three times the rate of women. Those aged 19 to 24 are at a higher risk for such an injury because of participation in activities such as snowboarding and hockey.
The elderly are more likely to sustain a traumatic brain injury, which is probably due to their increased risk of falling. Children also are at an increased risk. Typically, children are more vulnerable to increased injury with more complications than an adult who has gone through the same accident.
As you can see, some of these causes are preventable. For example, proper protective clothing should be worn when participating in contact activities or while bicycling, horseback riding, and skiing. Wearing a seat belt and placing children in proper car seats is also a way to minimize risk.
Having adequate handrails and keeping areas of the home clear are critical for the elderly to avoid falls. Similarly, practicing gun safety can limit the risk of a brain injury.
Brain Injuries Caused by Negligence Can Entitle Victims to Compensation
While traumatic brain injuries can be caused by a wide variety of incidents, they all share one thing in common: when they are caused by negligence, victims are entitled to financial compensation.
Negligence occurs when a person fails to use the degree of care that would ordinarily be exercised by a reasonable person in the same or similar circumstances. There are many examples of everyday negligence that have the potential to result in a TBI-causing accident. Some of the more common include the following:
Driving faster than the posted speed limit
Failing to clean up liquid spills
Improper storage of hazardous materials
Failing to properly maintain a pool deck
Failure to adequately maintain walkways and stairs
Because negligence can be hard for the untrained eye to spot, you should always have your case reviewed by an experienced lawyer after sustaining a TBI in an accident. When you meet with a lawyer, he or she will evaluate your case and determine whether you may have a claim.
In some cases, your lawyer may obtain evidence establishing negligence, such as surveillance footage, maintenance records and reports, toxicology results, eyewitness testimony, vehicle computer data, internal documents, or expert opinion regarding the standard of care that should have been exercised in a given scenario.
Little Known Symptoms of Traumatic Brain Injuries
Traumatic brain injuries are capable of causing extremely serious and disruptive symptoms that can have a significant impact on your day-to-day life. Certain symptoms associated with a TBI are well-known and are logically associated with a head injury. For example, most people are aware of the fact that a mild TBI such as a concussion can cause issues like headaches, dizziness, memory problems, and nausea. But did you know that a TBI can also cause blurry vision and ringing in the ears?
Lesser-known TBI symptoms can be just as debilitating as more commonly expected issues but can leave victims with the frustrations associated with others not understanding or even believing that they are suffering from issues related to their brain injury. Some lesser-known TBI symptoms are detailed below.
People tend to think of TBIs as a purely physical injury, like a broken bone or a bruise. Because they can actually affect the structure of the brain, TBIs can cause symptoms that go much further than pain and discomfort. While the reason that TBIs can cause depression are not fully understood, there is strong evidence that suggests that they can cause changes in the structure of the brain that can cause feelings of depression. In some cases, depression can last for weeks or even months after the initial injury has occurred.
Most people associate TBIs with sleepiness and drowsiness, largely due to the perception that people who have sustained head injuries are often confused, sluggish, or disoriented. While it is true that TBIs can cause people to sleep more than usual, sometimes TBIs have the opposite effect, making it difficult for victims to sleep. Not getting quality sleep can have a significant effect on TBI victims, causing issues like depression, decreased energy, irritability, and fatigue.
People who have suffered a TBI often experience issues with concentration, making it difficult to perform well at work or school. Often, difficulty focusing on one thing can affect a person’s ability to read, communicate with others, ignore distractions, watch videos, or drive.
Emotional problems and mood swings are a potential result of a TBI that can have a significant impact on person’s interpersonal relationships and may add to feelings of isolation and depression. TBI victims may exhibit behaviors like sudden episodes of crying, laughing, aggression, anger, and disinhibition. These kinds of issues can also make it difficult for TBI victims to return to their normal everyday activities, sometimes for a significant period of time.
A Lawyer Can Help You Establish Your Damages
An issue that can arise for people who are suffering from TBI symptoms that are not commonly known is that it may be more difficult for them to obtain compensation for their injuries. Insurance companies or even doctors may try and claim that the medical issues from which you are suffering have nothing to do with your TBI and try and deny compensation based on that assertion. Fortunately, when you retain an attorney, he or she will collect evidence establishing the way that your injuries have affected you, including expert testimony connecting your symptoms to your traumatic brain injury, if necessary.
Signs You Should Talk To A Lawyer About Your Brain Injury
Individuals who experience trauma such as a blow to the head can suffer traumatic brain injury., or TBI. In fact, the latest report from the Center for Disease Control estimates that nearly 2 million people in the United States suffer some form of brain injury each year. Brain injuries can range from moderate to severe and have a lasting impact on the victim’s physical or cognitive function. The severity of the injury generally will have a direct impact on whether or not victims will experience long-term problems as a result of their TBI.
Some symptoms of traumatic brain injury include:
- Headaches and dizziness
- Nausea and vomiting
- Inability to remember the cause of the injury or events around the time of the injury as well as new information
- Confusion and disorientation
- Trouble speaking coherently
- Changes in emotions or sleep patterns
Potential victims of traumatic brain injury run the risk of lasting injuries or even death if they are not evaluated and treated in a timely manner. Suffering a serious traumatic brain injury can impact the victim’s ability to complete everyday tasks, to perform his or her job, and may even affect the victim’s basic cognitive and motor skills.
When You Should Talk to a Lawyer
If you or a loved one has suffered traumatic brain injury, you may be entitled to financial compensation from the person, people, business, or other party at fault for your injuries. Traumatic brain injuries may leave a lasting impact on a victim’s physical and cognitive capacities, a result devastating for the individual and his or her loved ones. In addition to suffering physical injuries, victims of traumatic brain injury may also suffer financially.
Fortunately, a lawyer can often help victims recover for their injuries. Here are a few signs that you should speak to an attorney after suffering a TBI:
- You have experienced significant financial losses as a result of your TBI
- Your TBI has affected your ability to engage in everyday tasks
- Your TBI occurred in an accident that was caused by someone else
- You have experienced physical pain and emotional suffering because of your TBI
Traumatic brain injuries are expensive to diagnose as well as to treat. A victim of traumatic brain injury may require constant medical care as a result of his or her injuries. The extent of some injury, while not requiring constant medical attention, may leave the victim permanently disabled. Victims and their families may find their medical expenses and additional but necessary costs add up quickly.
Victims should speak to a lawyer who can help them recover compensation for their injuries. An experienced brain injury lawyer is essential to filing a successful lawsuit for the recovery of damages. Lawyers carefully analyze the facts of each case and work to both develop and implement a legal strategy designed to give the victim his or her best chance of recovering compensation.
The Road to Recovery
A victim will not recover damages overnight. Instead, a legal cause of action may take several months, perhaps years, of litigation before a settlement. Litigation provides victims with a legal remedy to recover damages should the opposition ignore any and all demand letters. Lawyers assist in the preparation of the lawsuit and throughout the various stages of discovery — the process by which opposing parties exchange relevant, non-privileged information relating to the case. Lawyers also play a vital role in preparing for trial. This includes assisting with preparing victims to testify, identifying witnesses, and executing an effective legal strategy. It is the lawyer’s goal to help the victim recover the compensation he or she deserves as a result of the traumatic brain injury.
If you have been injured and believe you may be a victim of traumatic brain injury, contact a brain injury lawyer today.