A brain injury is often the worst type of injury a person can suffer because the brain controls all the functions of the body. A brain injury can affect all aspects of a person’s life, including their mood, memory, ability to focus, and ability to perform basic daily tasks.
Brain injury claims are complex, and insurance companies often deny them and dispute them with full vigor in court. That’s why it’s essential to retain an experienced San Diego brain injury lawyer to receive fair compensation.
Suppose you suffered a brain injury due to someone else’s wrongdoing. In that case, you may be able to recover for lost wages, pain and suffering, medical expenses (past, present, and future), loss of enjoyment of life (past, present, and future), and other non-economic and economic damages related to the accident. Furthermore, your spouse or registered domestic partner may be able to recover for loss of consortium – which means loss of love, companionship, care, protection, assistance, sexual relations, the ability to have children, and other damages.
Brain injuries are often life-changing. They may require extensive medical care, vocational rehabilitation, and physical therapy. A common myth pushed by insurance companies is that you will recover quickly from a brain injury. Brain injuries may be permanent or take years to recover fully, and they may be made worse by subsequent blows. Nonetheless, insurance companies will fight tooth and nail to deny the extent of your suffering and minimize your claim.
If someone dies from a brain injury, the victim’s family may be eligible to file a wrongful death claim for medical expenses, funeral expenses, lost income, pain and suffering, and other damages.
If you suffered a brain injury, immediately seek medical treatment and follow your doctor’s directions fully. Do not wait to get treatment. Do not stop your treatment early. Save all of your medical bills and receipts.
Gather evidence like photos, videos, witness statements, and official reports of the incident. If you were injured in a car accident, call the police and obtain a police report. Take photos of the accident and all of the vehicles involved.
If a defective product injured you, take photos of it and the damage it caused. Do not tamper with the product. Keep it in its current condition and store it where it will not be touched.
Contact a top personal injury lawyer without delay. Depending on the circumstances of your case, an insurance company will likely be involved. Insurance companies use a long list of dirty tricks to deny or limit claims. You will likely need a proven trial lawyer for the best possible result.
It’s best to contact a personal injury lawyer before you contact an insurance company. However, you can still do so if you have already talked to an insurance company.
There are two types of brain injuries: traumatic injuries and non-traumatic brain injuries.
Traumatic brain injuries (TBIs) are caused by a bump, blow, or jolt to the head. There are several types of TBI.
Concussion. A concussion is a common type of TBI. A concussion occurs when the brain bounces against the skull and bleeds due to impact, sudden momentum, or movement change.
Second impact syndrome. Second impact syndrome is when a second brain injury occurs before a prior one has healed. An example is when an athlete returns to play before fully recovering and suffers another brain injury.
Post-concussion syndrome. Post-concussion syndrome is when concussion-like symptoms continue after a TBI. Concussion symptoms can linger for weeks or even months after the injury. People who have suffered more than one brain injury are at increased risk for post-concussion syndrome.
Penetrating brain injury. A penetrating brain injury is when a bullet, knife, or other object pierces the skull and enters the brain.
Intracranial hematoma. An intracranial hematoma occurs when blood collects in the brain or between the brain and the skull. It is a blood clot in the brain, and it is a serious condition.
Cerebral edema. Cerebral edema is brain swelling. Blows to the head can cause the brain to swell, increasing pressure against the skull. Brain swelling can quickly become life-threatening.
Chronic Traumatic Encephalopathy (CTE). CTE is degeneration of the brain that happens due to repeated concussions and TBIs. Athletes in sports like football, hockey, or boxing may suffer CTE due to repeated blows to the head. CTE is linked to dementia and Alzheimer’s and gets worse over time.
Brain hemorrhage. A brain hemorrhage is bleeding in and around the brain. A brain hemorrhage is a life-threatening emergency.
A non-traumatic brain injury is a brain injury caused by something other than a blow to the head. Internal factors like illness or oxygen deprivation cause non-traumatic brain injuries.
Liability for non-traumatic brain injuries depends on who caused them. For example, suppose a company exposes its workers to toxic chemicals that cause brain damage. In that case, the company is responsible for their injuries. Likewise, suppose a person starts a fire that causes someone else to suffer brain damage from smoke inhalation. In that case, the person who started the fire is responsible for the injuries.
Common types of non-traumatic brain injury include:
Stroke. A stroke is when the blood supply to the brain is blocked or reduced. Strokes cause parts of the brain to become damaged or die. Strokes can cause lasting brain damage, permanent disability, and death.
Asphyxiation. Asphyxiation (choking) can cause permanent brain damage from oxygen deprivation. Common causes of choking are smoke from a fire, choking on food or some other object, strangulation, and near drowning (such as from a swimming pool or boating accident).
Exposure to toxins. Toxins such as carbon monoxide or other strong chemicals can cause brain damage. Exposure to toxins often occurs at the workplace or in confined, poorly ventilated spaces.
Brain tumors. Tumors can compress parts of the brain and cause severe damage. Brain tumors can be life-threatening if they are cancerous. The primary treatments for brain tumors are surgery and radiotherapy.
Heart attack. A heart attack can cause brain damage if it affects blood flow to the brain. Brain damage from a heart attack can be fatal or cause significant disability.
Brain aneurism. A brain aneurysm occurs when a blood vessel in the brain balloons and expands. Expanded blood vessels can pressure other parts of the brain and cause injury. If a brain aneurism ruptures, it causes bleeding in the brain. Ruptured aneurysms are life-threatening and require immediate medical treatment.
Electrical shock. An electrical shock can cause death or permanent damage to the brain and central nervous system. It may also cause convulsions, which cause a person to hit their head and damage the brain. Electrical shocks may also disrupt blood flow to the brain, depriving the brain of oxygen and causing death or permanent disability.
Brain injuries can occur without you knowing. Symptoms don’t always appear immediately and may take days, weeks, or years to fully recognize. The injury could worsen, and the symptoms may intensify over time, especially if exacerbated by another blow to the head. People who’ve suffered a brain injury are more likely to sustain another one.
The symptoms of brain injuries are wide-ranging. People who have suffered brain injuries may realize effects not listed here. Seek medical attention immediately if you experience any of these symptoms following an accident:
Headaches are a common and persistent problem after brain injuries and can cause extreme pain. Movement problems like dizziness, loss of balance, poor coordination, and loss of motor skills are common after a head injury. Fainting and loss of consciousness may occur, along with sensory problems like sensitivity to light and hearing impairment. Head injuries can also cause sleeping issues like too much or too little sleep.
Epilepsy and seizures can result from brain injuries, as can fatigue and low energy. Stomach problems like vomiting and loss of appetite may occur, along with communication problems like slurred speech and poor word recall. Moreover, brain injuries can cause sexual issues like loss of libido, erectile dysfunction, inability to climax, pain and discomfort during sex, and other sexual problems.
Brain injuries often cause attention and concentration problems. It may be difficult for people with a brain injury to focus, organize things, and complete tasks. Brain injuries can also cause difficulty finding words and memory loss. They can also cause repetitive behavior, speech, or thoughts.
Brain injuries can cause depression, anxiety, post-traumatic stress, panic attacks, and loss of motivation. Brain injuries are a risk factor for mental illness and can make existing mental illnesses worse. Brain injuries can also increase suicide risks.
Brain injuries can cause anger and irritability. Brain injuries can cause victims to become easily stressed and frustrated. People who have suffered brain injuries may demonstrate a lack of self-awareness, engage in impulsive behaviors, and fail to recognize how others are feeling. Challenging behaviors caused by brain injuries may cause stress on relationships and lead to family disputes and domestic violence.
A blow to the head is often what causes brain injuries. The amount of damage often depends on the blow’s force and the injury’s nature. Common events that cause brain injuries include:
Falls. Falls cause nearly half of brain injury hospitalizations. Wet floors can cause slip-and-falls. Anything that breaks a person’s walking stride can cause trip-and-falls, such as loose carpet, raised floor mats, uneven floors, broken steps, poorly placed objects, and uncovered cables.
An elevated fall is a fall from an elevated space like a roof, balcony, window, or bridge. Due to their greater impact, elevated falls are typically more serious than single-level falls. However, they are nearly always preventable with reasonable security measures.
Motor vehicle accidents. Car accidents are one of the most common causes of brain injuries. Trucking accidents often cause head injuries due to the size of the vehicle and the force of the impact. Auto vs. pedestrian accidents frequently result in head injuries because the pedestrian is not inside a vehicle.
Likewise, motorcycle accidents often cause head injuries because the driver is not inside the vehicle. As such, California law requires motorcycle riders to wear a U.S. DOT approved helmet. Riders who wear a DOT approved helmet are three times more likely to survive a crash than riders who don’t. However, not all motorcycle helmets are DOT approved. Riders who wear an unapproved helmet greatly increase their chances of suffering a brain injury if involved in a crash.
Violence. Fights and physical attacks can cause life-changing brain injuries. Assault and assault with a deadly weapon are serious crimes. Thus, someone who physically attacks another person is liable for their injuries and may also face serious criminal charges. If the attack occurred on someone’s property, the property owner may also be liable. If the attack occurred at school or on public property, the government entity responsible for keeping the area safe may be liable.
Sports injuries. Contact sports like football and hockey lend themselves to collisions that can cause concussions and other head injuries. Combat sports like boxing and mixed martial arts involve blows to the head that can cause brain injuries. Action sports like skateboarding, snowboarding, and motocross can cause brain injuries if there is a crash. However, brain injuries can occur in virtually any sport as the result of a fall, collision, or impact on the head.
Athletes who take repeated concussions or blows to the head may suffer severe permanent damage to their brain, including CTE. The symptoms of CTE and other forms of brain damage may not be obvious right away and may take years to fully recognize.
Defective Helmets. A well-made helmet is essential for minimizing brain injuries in many sports, such as motorcycling, bicycling, and football. As such, California requires motorcycle riders to wear certified helmets that meet strict quality requirements.
Likewise, bike helmets must be certified and have a visible certification sticker. It is illegal to sell uncertified bike helmets in California. Sellers of faulty or uncertified bike helmets may liable for resulting injuries. Kids under 18 years old are required to wear a bike helmet in California – adults over 18 are not.
High school football helmets also must be certified. Schools that use uncertified helmets put players at risk of injury and are responsible the resulting damage.
Liability for brain injuries depends on who caused them. Any business, property owner, vehicle owner, government entity, person, or organization that caused the injuries may be liable.
For example, suppose the injury happened in a car accident. In that case, the person who caused the accident is liable for the injury. The property owner is liable if someone gets injured due to a dangerous property condition. If the injury happened due to a defective product, the company that made and sold the product is liable. If the injury occurred due to an assault, then the attacker is liable along with those responsible for providing security.
Every case is different and must be evaluated on an individual basis. If you hire a lawyer, your lawyer will identify all liable parties and their insurance policies. In some cases, multiple parties are liable for the injuries. In those cases, you will need the help of a skilled lawyer to apportion liability between those responsible.
California is a comparative fault state, which means you may be able to recover for your injuries even if you were partially responsible for the accident. If you were partly to blame, the court will reduce your payout by your percentage of fault – so if you were 50% at fault, your payout would be cut in half.
Brain injury claims are complex. Proving a brain injury requires detailed knowledge of the law and the medical issues involved. To win your case, you will have to prove causation and damages.
Proving causation means gathering evidence to prove who caused the injuries. Your lawyer will secure videos, photos, witness statements, police reports, and other official reports related to the incident. Your lawyer will also depose witnesses, draft evidence requests, file court documents, hire experts, and prepare trial exhibits to help you prove your case.
Proving damages means calculating how much the injury has affected your life. Proving damages in brain injury cases is especially difficult because much of the damage may not be visible, even with specialized equipment. As such, your attorney will use a variety of tools when proving damages in your case, such as:
Visual evidence. CT scans, MRIs, X-rays, diagrams, and computer simulations provide impartial proof of your injuries.
Objective tests. Objective tests measure a person’s mental, physical, and cognitive ability. They also measure information processing, speech, and motor skills.
Expert witnesses. Experts are crucial in brain injury claims. Your lawyer will work with medical experts like neurologists, neuropsychologists, and rehabilitation doctors to prove the medical issues in your case. Mental health experts like psychologists and psychiatrists may testify about mental and emotional issues. Economic experts may testify about the financial matters in your case, such as lost income and future damages.
Lay witnesses. These may include eyewitnesses who saw the accident and can describe their account. They also include people who knew you before and after the injury and can testify how it affected you and your life.
Your testimony. Your testimony is often the most powerful evidence in a brain injury claim. You will have the opportunity to testify about the accident and your injuries at deposition and trial. Your truthfulness, consistency, and transparency will greatly impact the amount of money you receive. Your lawyer should prepare you to testify truthfully and accurately about your case.
Contact San Diego brain injury lawyer James Iagmin today to schedule a complimentary strategy session. You will have the chance to meet with one of the best lawyers in San Diego and learn legal strategies that could help you win your case. Be prepared to tell us what happened, the injuries you suffered, the medical treatment you received, and the medical treatment that is ongoing.
We take a personal approach to the law. We are a small law firm that takes a small number of cases. We give each client the attention they deserve and thoroughly investigate each case. Bigger law firms administer their work out to less experienced lawyers. When you hire us, you have one of San Diego’s best lawyers directly handling your case.
Insurance companies know who we are and know that we will not settle our cases for anything less than top dollar. We have the skills, experience, and resources to achieve the best possible result in your case. We offer a no-fee guarantee, which means you don’t pay unless we win or settle your case.
A gentleman slipped on a wet floor and suffered a brain injury. He was unable to return to work.
A boy suffered a serious brain injury when he was hit by a truck as he ran across a busy street. He needs careful supervision.
A gentleman suffered a serious brain injury in a collision with a tractor-trailer. He was unable to return to work and needs close supervision. In addition to the settlement, the gentleman kept his rights to lifetime medical care through workers' compensation.
James Iagmin has more than 20 years of experience handling personal injury claims. Jim has a proven track record of achieving successful results for his clients. Jim is known for being a compassionate, caring and intelligent attorney and is recognized in the San Diego community for his integrity, character and skill has a lawyer. Jim has received numerous honors and awards for his abilities as an attorney.
Tell us what happened and Jim will contact you as soon as possible to discuss your case. The consultation is without obligation and we receive no fees until we win your case. Let us know how we can help you.
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