Can I File a Lawsuit for a Traumatic Brain Injury?

Santa Ana Personal Injury Attorney

Personal injury attorneys in Santa Ana
Every 9 seconds, someone sustains a brain injury in the United States. A brain injury can have long-lasting complications and effects on the victim and their family. A traumatic brain injury is one of the most common types of injuries from a motor vehicle accident. Drivers and passengers of vehicles, as well as pedestrians and bicyclists, may suffer from serious injuries in a collision. If this happens, they may be eligible to receive financial compensation from the at-fault party involved. To learn more about personal injury cases and if you need to hire a Santa Ana personal injury attorney, call our law firm for a free consultation. 


What Is a Traumatic Brain Injury?

TBI in a personal injury case
A traumatic brain injury (TBI) occurs when a sudden violent blow or jolt to the head causes the brain to rock back and forth in the skull. Brain injuries vary in severity, from mild concussions to severe injuries that can cause coma or death.

A traumatic brain injury can be either a closed brain injury or an open (penetrating) brain injury. A closed brain injury happens when the brain is injured by a sudden impact or movement, but the skull is not broken or penetrated. An open brain injury is when the skull is broken or penetrated by an object. 

Diffuse axonal injury (DAI) is another type of traumatic brain injury that occurs when the brain rapidly shifts inside the skull, causing damage to the axons, which are the long fibers that connect the nerve cells in the brain. 

Symptoms of a Brain Injury 

Oftentimes, when people suffer mild brain injuries like concussions, their symptoms do not appear immediately, or they may be very minor. Moderate and severe traumatic brain injuries are characterized by a loss of consciousness of up to or more than 24 hours. The symptoms are much more apparent and require immediate medical attention.

Below are some of the common symptoms associated with a traumatic brain injury. 

  • Headache
  • Nausea or vomiting
  • Dizziness or loss of balance
  • Vision problems
  • Changes in sensory perception
  • Confusion
  • Trouble concentrating
  • Mood changes
  • Difficulty sleeping
  • Loss of consciousness or coma
  • Weakness or numbness in limbs
  • Communication issues 

Not everyone who suffers from a traumatic brain injury experiences the same symptoms. However, it is important to seek medical attention if you believe you or a loved one has sustained a brain injury. Doctors can determine the severity of the injury and treatment through CT scans, MRI scans, blood tests, and cognitive tests. 


Common Causes of a Brain Injury 

Serious injuries in a personal injury case
A traumatic brain injury can come from many different situations. Common causes of TBI include:

  • Falls. Falls among the elderly are one of the most common causes of traumatic brain injuries. 
  • Military combat. Soldiers and other military personnel are at a high risk of suffering from a traumatic brain injury from an explosion or penetrating wound. 
  • Assaults. Victims of domestic violence, child abuse, and gunshot wounds may sustain severe traumatic brain injuries. 
  • Motor vehicle accidents. Car accidents, motorcycle accidents, pedestrian accidents, and bicycle accidents are all common causes of brain injuries
  • Sports. A number of high-impact sports like football, rugby, hockey, and boxing may cause a person to suffer a mild concussion or more severe traumatic brain injury. 


Can I File a Personal Injury Claim for a Brain Injury?

Personal injury lawsuit from a car accident
If you or a loved one sustained a brain injury due to negligence, you may have a case for a personal injury lawsuit. Under California personal injury law, people injured due to the negligent or wrongful acts of another person can sue the at-fault party for damages. 

Compensation for a brain injury may include medical bills, lost income, pain and suffering, loss of enjoyment of life, loss of consortium, and emotional distress. To recover compensation, the injured person usually has to prove that the other party was negligent, meaning that they failed to act with reasonable care and caused the injury. 

If you are thinking about filing a personal injury claim, you should know that there is a statute of limitations. Personal injury victims have two years from the date of their accident to file a personal injury claim. While there are some exceptions, it is important to take legal action as soon as you can. 


Comparative Negligence in Personal Injury Cases

Personal injury claims
California follows a “comparative negligence” or “comparative fault” rule when it comes to personal injury cases. This rule is important to know because it will impact your total recovery amount if you do decide to file a personal injury claim.

Under California law, you can recover damages even if you are partly at fault for your injury, but your recovery will be reduced by your percentage of fault. For example, if you are 30% at fault and the other party is 70% at fault, you can recover 70% of your damages.


Speak to our Personal Injury Law Firm 

Santa Ana Personal injury lawyers
Suffering a traumatic brain injury due to someone else’s negligence is a painful experience. If you are considering obtaining legal representation, let Riverview Accident Lawyers fight for justice. Our Santa Ana personal injury attorneys have the skills and expertise to win your case and obtain maximum compensation for your emotional and physical pain. 

If you are concerned with the cost of hiring a personal injury lawyer, know that hiring our law firm requires no upfront legal fees or retainers. We work on a contingency fee basis, meaning we do not collect any fees unless we win your case. 

To schedule a free consultation with our Santa Ana personal injury attorney, call us at (657) 655-6045 or reach out to us online