When Do You Need to Hire a Traumatic Brain Injury Lawyer?

brain injury scans

A serious brain injury can have life-altering effects. Victims who suffer from brain injuries often deal with costly medical bills, lost wages, communication problems, and behavioral changes. If you sustained brain injuries in an accident caused by someone else’s negligence, a San Diego traumatic brain injury lawyer can help you recover fair compensation for your losses.


Traumatic Brain Injury Statistics

car accident

There are more than 5.3 million people in the US who are living with a permanent brain injury-related disability. Navigating the aftermath of a traumatic brain injury (TBI) can be overwhelming. Each year, at least 2.8 million Americans sustain traumatic brain injuries in the US.

Motor vehicle accidents are a leading cause of TBI-related deaths across the US. Auto accidents account for 55.8% of TBI-related deaths in youth between the ages of 5 to 14 years old. Young adults account for nearly 48% of TBI-related deaths and adults 65 years of age and older account for 54.4%.


What are Common Symptoms of Brain Injuries?

Common symptoms of brain injuries include:

  • Difficulty concentrating
  • Memory problems
  • Impaired decision-making abilities
  • Headaches
  • Dizziness
  • Fatigue
  • Sensitivity to light or noise
  • Mood swings
  • Depression
  • Anxiety
  • Changes in personality
  • Blurred vision
  • Tinnitus
  • Changes in taste or smell
  • Difficulty with balance or coordination.
  • Difficulty speaking, understanding language, or expressing thoughts coherently


Types of Traumatic Brain Injuries

Traumatic brain injuries (TBIs) can vary in severity and presentation, ranging from mild concussions to severe brain damage.

Concussion or Mild Brain Injury

A mild TBI typically results from a blow or jolt to the head, often accompanied by temporary loss of consciousness, confusion, and headache.


A contusion is a bruise or bleeding on the brain’s surface, typically caused by a direct blow to the head.

Diffuse Axonal Injury (DAI)

Widespread damage to the brain’s nerve fibers, often resulting from rapid acceleration or deceleration forces, such as those seen in car accidents.

Penetrating Injury

A penetrating injury occurs when an object punctures the skull and damages brain tissue.

Skull Fracture

Fractures or breaks in the skull bone can result in brain damage, seizures, and bleeding.


What Are the Long-Term Consequences of Brain Injuries?

Traumatic brain injuries (TBIs) can have profound long-term consequences, impacting various aspects of an individual’s life. Some of the long-term consequences include:

Cognitive impairments: Difficulty with memory, attention, concentration, and problem-solving skills.

Physical disabilities: Impaired motor function, paralysis, difficulty with balance and coordination, and chronic pain.

Emotional and behavioral changes: Mood swings, depression, anxiety, irritability, and impulsivity.

Sensory deficits: Vision or hearing loss, tinnitus, and altered taste or smell.

Increased risk of neurodegenerative diseases: TBIs have been linked to an increased risk of developing conditions such as Alzheimer’s disease, Parkinson’s disease, and chronic traumatic encephalopathy (CTE).

After an injury accident, it’s crucial to seek proper medical treatment and legal representation to pursue the necessary resources for rehabilitation and ongoing medical care.


Common Types of Brain Injury Cases

Our experienced San Diego brain injury attorneys handle a wide range of brain injury cases, including:

Traumatic Brain Injuries (TBIs): Resulting from external forces such as falls, pedestrian accidents, motorcycle accidents, or truck accidents.

Non-Traumatic Brain Injuries: These kinds of brain injuries, also known as acquired brain injuries, can result from illnesses and internal factors like exposure to toxins. Workplace illnesses can lead to an acquired brain injury.

Concussions: Mild TBIs are often caused by blows or jolts to the head and are commonly seen in motor vehicle accidents.

Contusions and Hematomas: Bruising or bleeding on the brain’s surface, typically caused by direct impacts to the head.

Diffuse Axonal Injuries (DAIs): Widespread damage to the brain’s nerve fibers resulting from rapid acceleration or deceleration forces.

Penetrating Brain Injuries: Occurring when an object penetrates the skull and damages brain tissue, leading to focal neurological deficits.

Our dedicated team is committed to advocating for the rights of brain injury victims and helping them obtain the compensation they deserve for their injuries.


4 Reasons to Consider Hiring a San Diego Brain Injury Lawyer

It’s essential to recognize when hiring a traumatic brain injury lawyer is necessary to protect your rights and obtain the compensation you deserve. Consider hiring a TBI lawyer for the following reasons:

  • The legal aspects surrounding brain injuries can be intricate, especially if there are multiple parties involved or disputes over liability.
  • Dealing with insurance companies can be overwhelming and difficult, especially when they try to minimize your claim or deny coverage altogether.
  • If the TBI results in significant impairment, long-term disability, or requires ongoing medical care, having legal representation is crucial to establish the full extent of the injury and its impact on your life.
  • A lawyer experienced in TBI cases can work with expert witnesses including medical professionals to build a strong case on your behalf.


What Compensation Can I Recover for My Brain Injury?

invoice with medical expenses

Seeking compensation for a traumatic brain injury (TBI) involves assessing various factors to determine the appropriate damages to pursue. Depending on the circumstances of your case, you may be entitled to compensation for:

  • Medical expenses: Including medical treatment costs, physical therapy, assistive devices, and home modifications to accommodate disabilities.
  • Lost income: Compensation for wages lost due to the injury, including diminished earning capacity if the TBI results in long-term disability or inability to work.
  • Pain and suffering: Non-economic damages to compensate for physical pain, emotional distress, and loss of enjoyment of life.
  • Permanent disability: Compensation for permanent impairments resulting from the TBI, such as paralysis, cognitive deficits, or loss of sensory function.
  • Punitive damages: In brain injury claims involving egregious negligence or misconduct, punitive damages may be granted to punish the liable party.

Determining the true value of your claim requires a thorough evaluation of the impact of the TBI on your life and consulting with an experienced brain injury lawyer.


Will My Brain Injury Case Be Settled Out of Court?

Whether your brain injury case will be settled out of court depends on various factors, including the willingness of the parties to negotiate and the strength of the evidence. While many personal injury cases are resolved through settlements, some may proceed to trial if a fair settlement cannot be reached.

The strength of the evidence supporting your claim can influence the other party’s willingness to settle. Clear liability and substantial damages may incentivize the opposing party to settle. A personal injury attorney will work to resolve your case in a timely manner and obtain the maximum compensation available.


Statute of Limitations to File a Brain Injury Lawsuit in California

In California, the statute of limitations for filing a brain injury lawsuit varies depending on the circumstances of the case.

  • In cases of traumatic brain injuries (TBIs) caused by negligence, such as motor vehicle accidents, or slip and fall accidents, you typically have two years from the date of the injury to file a personal injury lawsuit.
  • If the brain injury is caused by government negligence or occurs on government property, you may only have 6 months to file a claim.
  • In cases where the brain injury’s full extent is not immediately apparent, California allows for a delayed discovery rule, extending the statute of limitations to a reasonable time after the injury is discovered or should have been discovered.

It’s crucial to consult with an experienced brain injury attorney promptly to ensure you file your claim within the applicable statute of limitations.


Contact Experienced San Diego Brain Injury Attorneys Today

traumatic brain injury attorneys

If you or a loved one has suffered a traumatic brain injury (TBI), our experienced San Diego brain injury attorneys are here to help. At Harbor Accident Lawyers, we understand the challenges brain injury victims face and are dedicated to recovering the maximum compensation available. We maintain a 99% success rate and have won millions of dollars in settlements and verdicts for our clients. Contact us today for a free consultation to discuss your case.