Traumatic Brain Injury

Questions About Filing a Lawsuit for a Brain Injury?

Our Fairfield Brain Injury Lawyers Can Help

photo of a CT scan of traumatic brain injury

Brain injuries, sometimes called a traumatic brain injury (TBI), can occur after a person suffers blunt force trauma or whiplash. Car accidents and falls are a major cause of TBIs in the United States. TBIs are a very common type of injury that are responsible for hundreds of thousands of hospitalizations  each year. Statistics published by the Centers for Disease Control and Prevention (CDC) show that brain injuries resulted in 288,000 hospitalizations in 2014. Among those 288,000 TBIs, 23,000 cases involved children. Falls and car accidents were responsible for a majority of TBI hospitalizations in 2014.

TBIs vary in severity. While some people may recover from a TBI without much difficulty, others can have lasting issues that may even result in a permanent disability. Severe TBIs could make a person require around-the-clock care and unable to work. For this reason, it is important for victims of severe TBIs or their family members to consider consulting with an attorney. This is especially true for TBIs that resulted from car accidents, drowning, falls or assault.

Depending on the circumstances, it may be possible to file a lawsuit against the party that caused the injury. Insurance companies may not pay for your damages in full, so a lawsuit may be necessary.

Compensation from a brain injury lawsuit can help pay for damages associated with a TBI, such as lost income, medical bills, home modifications, medical equipment and loss of future earnings. At Barnett, Bennett, & Scott, our attorneys are dedicated to helping injury victims pursue justice against the parties responsible for their pain and suffering. Our attorneys have a proven record of success helping our clients obtain compensation.

Long-Term Brain Injury Complications and Brain Injury Symptoms

The initial symptoms of a TBI may depend on the severity and cause of the injury. For concussions, the initial symptoms may include dizziness, vomiting, confusion, loss of consciousness, drowsiness and blurry vision. Concussion symptoms can sometimes persist for days or weeks after the injury, and can include depression, fatigue and difficulty concentrating.

Keep in mind, children may suffer different symptoms than adolescents or adults. According to the Mayo Clinic, brain injury symptoms in children can include persistent crying, loss of interest in favorite toys or activities, irritability, changes in sleeping and eating habits and seizures in severe cases.

More severe TBIs have serious complications that can be permanent. Possible complications of a TBI include:

  • Aphasia. When the area of the brain that controls language processing and speech suffers damage, aphasia is a possible post-TBI complication. Aphasia is a condition that affects a person’s ability to speak and understand language. This complication generally requires extensive therapy, but improvements are possible.
  • Cognitive issues. Brain damage can lead to cognitive problems, such as issues with executive functions, reasoning, learning new information and memory. While improvement is possible with long-term therapy, many TBI sufferers may grapple with cognitive issues for years after the injury or for life.
  • Coma. Severe brain injuries can lead to a coma. In these cases, the severity of the injury and other factors could determine how long the coma persists.
  • Emotional disturbances. Some individuals with TBIs may suffer from mood swings or mental health conditions, such as depression or anxiety.
  • Loss of movement. Brain injuries can lead to partial or total paralysis. In the most serious TBI cases, a person may be locked-in or stuck in a vegitative state. This may occur when there is widespread damage to the brain. When severe swelling, internal bleeding or oxygen deprivation occurs, this type of damage is a possibility.

Causes of Traumatic Brain Injuries

Most TBIs in the United States are caused by car accidents, falls, violence and sport-related injuries.

  • Falls. Slip and fall accidents and work accidents may result in a TBI. Children may fall from heights, such as a crib, and suffer a TBI. Seniors and children have the highest risk of suffering TBIs from falls.
  • Car accidents. Survivors of car accidents may suffer from TBIs due to the severe forces typically involved with a crash. The risk of a TBI is even greater for motorcyclists, bicyclists and pedestrians. These parties have no or very little protection against the impact forces involved with vehicle collisions.
  • Sports-related injuries. It is no secret that football is a major cause of TBIs involving adolescents. However, TBIs can occur in many other types of sports. Soccer, lacrosse, water polo and wrestling are examples of sports that have a TBI-risk.
  • Violence. Assaults and gunshot wounds may lead to very serious TBIs that cause permanent disabilities. This is especially true for gunshots, as they are capable of inflicting major brain damage on survivors. Males are at the highest risk of suffering a TBI due to violence.

Each TBI case is going to be different. How each person is affected by the cause of the TBI depends on the circumstances, such as which parts of the brain suffered damage and the severity of the injury.

Filing a Lawsuit for a TBI

California law allows some TBI victims and their families to seek compensation for their damages. Whether this is possible depends on the circumstances, such as how the injury occurred and whether the person is past the statute of limitations.

You may be able to file a lawsuit if an act of negligence or an intentional act caused you or a loved one to suffer a TBI. If you are unsure whether you are eligible for compensation, then you should reach out to an attorney who has experience with brain injury lawsuits. An attorney can help you determine your chances of and eligibility for obtaining compensation for your damages.

About Our Fairfield Brain Injury Lawyers

The Fairfield brain injury lawyers at Barnett, Bennett, & Scott LLP offer free consultations. We also take cases on a contingency fee basis, meaning you do not owe us fees unless our brain injury lawyers recover a successful settlement or jury verdict. For more information on how we can help, call us at (707) 425-0671 or use our online case review form.