San Diego Brain Injury Lawyers

A traumatic brain injury (TBI) is an affliction that occurs when an external force collides with the cranium, inflicting harm to the cerebral tissue. Scenarios that can precipitate a traumatic brain injury encompass:

• Falls: Descending from an elevation, such as a step-ladder or a tree, or skidding and colliding your cranium against a rigid surface can provoke a TBI.
• Automobile mishaps: Road accidents are a prevalent source of TBIs, particularly if the cranium is hit by a projectile or if the head impacts the windshield or dashboard.
• Sports accidents: Competitive sports like American football, soccer, or boxing may lead to TBIs due to confrontations with other competitors or from a strike to the head.
• Violent incidents: Physical attacks, firearm injuries, and other violent episodes can result in TBIs.
• Blasts or detonations: Both military personnel and civilians exposed to blasts or detonations can endure a TBI.

The intensity of a TBI can fluctuate from mild (such as a concussion) to severe (like a penetrating injury), and the symptoms can differ based on the severity and location of the injury in the brain.

Brain injuries pose a substantial public health concern that can arise from various sources like falls, sports accidents, motor vehicle mishaps, assaults, and other forms of trauma. Here are some insights related to brain injuries:

Per the Centers for Disease Control and Prevention (CDC), traumatic brain injury (TBI) is a prime contributor to mortality and disability in the United States.

• In the U.S., it is estimated that 1.7 million individuals incur a TBI each year, and of those, roughly 52,000 succumb to their injuries, and 275,000 are hospitalized.
• The age demographic most susceptible to TBI is 0-4-year-olds, succeeded by 15-24-year-olds.
• Falls are the primary source of TBI, accounting for approximately 35% of all TBIs.
• Among sports-related injuries, TBI is most commonly observed in football, soccer, and basketball.
• The incidence of TBI is higher in males than females, with males being 1.5 times more probable to endure a TBI.
• The projected economic burden of TBIs in the United States exceeds $76 billion annually.

It’s crucial to acknowledge that these figures may differ based on the region, population, and other variables. It’s imperative to implement appropriate safety measures to minimize the risk of TBI and obtain medical attention promptly if you or someone you know sustains a head injury.

A traumatic brain injury (TBI) arises when the brain is subjected to a sudden, violent force leading to damage to the brain tissue. There are several methods by which this can transpire:

• Direct impact: A TBI can happen when the head is struck by an object, such as during a car collision or a fall, or when the head impacts a hard surface, like the ground.
• Acceleration-deceleration injury: A TBI can also transpire when the head is subjected to swift acceleration or deceleration, such as during a car collision or a sports accident. This can cause the brain to shift within the cranium, resulting in harm.
• Blast injury: Both military personnel and civilians exposed to explosions or detonations can endure a TBI. The shockwave from the detonation can cause damage to cerebral tissue.

The severity of a TBI can differ, depending on the force of the impact and the location of the injury in the brain. A mild TBI, such as a concussion, may induce temporary symptoms such as headache, dizziness, or confusion. A severe TBI, such as a penetrating injury, can lead to irreversible damage to cerebral tissue, coma, or even death.

Despite the potential consequences of brain injuries, they often go undiagnosed. Around 1.5 million Americans sustain a brain injury every year. 50,000 injuries are fatal, and a further 85,000 lead to long-term disabilities. 

In some cases, brain injuries are difficult to detect because the symptoms can develop slowly. You should get checked out sooner rather than later if you notice any of the following signs:

• Memory loss
• Dizziness
• Nausea
• Headaches
• Sleep issues
• Distorted hearing or vision
• Emotional changes
• Slurred speech
• Cognitive impairment 

If you find out that you have an injury, we highly recommend calling our brain injury lawyers as soon as possible. We’re here to help you get on with your life.

Brain injuries are incredibly devastating and can cause tremendous emotional turmoil among the victim’s family members. They often have life-altering effects, and recovery periods can be unpredictable and prolonged. However, the good news is that experienced brain injury attorneys know exactly how to handle your case and obtain a fair settlement on your behalf. Here is what you need to know:

• Legal expertise: An attorney who specializes in TBI cases will have the legal expertise to help you navigate the complex legal system, including filing a claim, negotiating with insurance companies, and representing you in court if necessary. A brain injury attorney knows your individual rights and will represent your best interests when handling your personal claim against an insurance provider. It’s advisable never to obtain a settlement without consulting a brain injury attorney. Otherwise, representatives of the insurance companies will try to get you to accept a settlement that comes up short of what you deserve in relation to your specific injuries.
• Financial compensation: A TBI can have serious financial consequences, including medical bills, lost wages, and long-term care. An attorney can help you obtain the financial compensation you need to cover these costs, as well as for pain and suffering.
• Advocacy: An attorney can act as your advocate, ensuring that your legal rights are protected and that you receive the best possible medical care and treatment for your injuries. Brain injury attorneys know how to catalog all of the evidence in your case so that you can recover maximum compensation for physical, financial, and cognitive damages. This can include expert witness testimony, medical bills, an injury prognosis, and other related documentation.
• Objectivity: After a brain injury, it can be difficult to make sound decisions due to cognitive impairment, emotional distress, and physical pain. An attorney can provide an objective viewpoint and help you make decisions that are in your best interest.
• Peace of mind: Dealing with a TBI can be overwhelming and stressful. Hiring an attorney can help relieve some of the burden and give you peace of mind, knowing that your case is in good hands.
• Ongoing Treatment: In many cases, traumatic brain injuries are permanent. The victims often have to deal with physical, emotional, and cognitive suffering for the rest of their lives. They may need to receive treatment tailored to their condition, influencing how a brain injury attorney handles the case. Our brain injury attorneys in San Diego understand that victims will often require long-term medical treatment.

If you have suffered a traumatic brain injury (TBI) due to the fault of another party, you may be entitled to recover damages in a personal injury lawsuit. Damages are financial compensation for losses and injuries incurred as a result of the TBI. Here are some of the damages you may be able to recover:

• Medical expenses: This includes the cost of medical treatment and care related to the TBI, such as hospital bills, surgery, medication, and rehabilitation.
• Lost income: This includes wages or income lost as a result of the TBI, both in the past and in the future.
• Pain and suffering: This includes physical pain, emotional distress, and diminished quality of life resulting from the TBI.
• Property damage: This includes damage to personal property, such as a car, that was caused by the TBI.
• Loss of consortium: This refers to the loss of a relationship with a spouse or partner due to the TBI.
• Punitive damages: In some cases, a court may award punitive damages to punish the responsible party for their conduct, such as in cases of intentional or reckless behavior.

The amount of damages that you can recover will depend on various factors, such as the severity of the TBI, the impact it has on your life, and the degree of fault of the responsible party. A skilled brain injury attorney in San Diego can help you calculate and pursue the damages that you are entitled to in your case.

Proving negligence in a traumatic brain injury (TBI) case can be challenging, but it is essential to establish fault and liability. To prove negligence in a TBI case, the following elements must be established:

• Duty of care: The plaintiff must show that the defendant owed them a duty of care, such as a duty to drive safely or a duty to maintain safe premises.
• Breach of duty: The plaintiff must show that the defendant breached their duty of care, such as by driving recklessly or failing to maintain safe premises.
• Causation: The plaintiff must show that the defendant’s breach of duty was the cause of the TBI, such as by proving that a car accident or slip and fall caused the injury.
• Damages: The plaintiff must show that they suffered damages as a result of the TBI, such as medical bills, lost wages, and pain and suffering.

Proving negligence in a TBI case typically requires the gathering of evidence, such as witness statements, medical records, and accident reports. Experts, such as accident reconstruction specialists, neurologists, and economists, may also be consulted to provide testimony and evidence to support the case.

It’s important to note that negligence can take many forms and can be caused by various actions or inactions. Our skilled brain injury attorneys in San Diego can help you build a strong case by identifying the responsible parties, gathering evidence, and presenting a compelling argument in court.

If you or a loved one have sustained a brain injury from an accident or someone’s negligence, you should discuss your situation with an experienced personal injury lawyer. Our lawyers can help you claim compensation so that you can start putting your life back together. Our team can also deal with insurance companies, medical professionals, industry experts, and investigators so that you can focus on recovering.

We’ll fight to win compensation for all your damages and losses, which can include:

• Rehabilitation
• Medical bills
• Lost wages
• Long-term care
• Pain and suffering
• Lost earning power

At HHJ Trial Attorneys, we’ve recovered millions of dollars for our clients. Get in touch to find out how we can maximize your chances of success.