Who Is Liable for Your Brain Injury?
The person or entity that was negligent and caused your brain injury is most likely liable. Negligence is the legal term for carelessness and is the basis for most personal injury claims.
Examples of negligence that can lead to brain injuries include:
- A motorist who is driving under the influence and hits another driver, motorcyclist, bicyclist, or pedestrian
- An employer who failed to provide a safe working environment
- A property owner who failed to ensure safe premises
- A manufacturer who sold a faulty or defective product
How Do You Prove Negligence in a Brain Injury Claim?
Once you have identified the negligent person or party, you must prove the legal elements of negligence as follows:
- The defendant owed you a duty of care.
- The defendant failed to meet the standard of care, acting negligently or recklessly.
- There is a direct link between the person's breach of duty and your head injury.
- You suffered actual damages, such as medical expenses, lost income, pain and suffering, and reduced quality of life.
Proving negligence is far from simple. You will need an experienced brain injury attorney to collect all the evidence, determine liability, and calculate damages before reaching a final settlement.
Page Updated: 4/9/24
What Is a Traumatic Brain Injury (TBI)?
A traumatic brain injury (TBI) is a type of brain injury caused by a violent blow, bump, or jolt to the head or body that causes the brain to move rapidly back and forth. An object that penetrates through the brain tissue can also cause a TBI.
Traumatic brain injuries can be classified as mild, moderate, and severe. Mild traumatic brain injury can damage brain cells temporarily, while more serious brain injury can cause memory loss, bleeding, and coma. Symptoms can be short-term or cause long-term brain damage.
Traumatic Brain Injury Statistics
Brain injuries are one of the leading causes of disability and death in the U.S. According to the CDC, there were 214,000 TBI-related hospitalizations in 2020.
Signs and Symptoms of a Traumatic Brain Injury
A traumatic brain injury can result in a wide-range of physical and psychological symptoms. Some signs and symptoms may show up right away, while others may take days or weeks to appear. Common brain injury symptoms are:
- Headaches
- Nausea or vomiting
- Confusion
- Dizziness
- Blurry vision
- Fatigue
- Loss of consciousness
- Sensitivity to light and/or sound
- Difficulty focusing
- Memory loss
- Mood changes or mood swings
- Speech difficulties
- Changes in sleep patterns
- Depression
What Are the Common Causes of Traumatic Brain Injuries?
Brain injuries can stem from many different events, such as:
Motor Vehicle Accidents
Collisions involving cars, motorcycles, bicycles, and pedestrians are a common cause of traumatic brain injury.
Falls
Falls are the leading cause of TBIs in the U.S., according to the CDC. Older adults and children are at the highest risk of sustaining brain injuries after a fall.
Sports Injuries
Athletes in high-contact sports such as football, hockey, boxing, and soccer are more prone to brain injuries. Sports contribute about 21% of all TBIs among children and adolescents in the U.S.
Other Accidents
Serious brain injuries may also come from work-related accidents, an illness, combat injuries, or violence.
Types of Traumatic Brain Injuries
Traumatic brain injuries can be classified as minor, moderate, or severe, indicating the severity of the injury. Brain injuries can also be classified as open or closed to tell whether an object penetrated through the brain tissue, or whether it was a blunt force trauma.
- Concussion or Mild TBI: Concussions are the most common type of traumatic brain injury. Approximately 3 out of 4 TBIs are concussions. They are generally considered non life-threatening, and symptoms can include memory loss, fatigue, and nausea.
- Moderate TBI: A moderate TBI is classified by a loss of consciousness for up to 24 hours.
- Severe TBI: If a patient has a loss of consciousness for more than one day, they likely have a severe brain injury and brain damage.
- Skull fracture: A skull fracture is a break in the skull bone that can lead to bleeding, brain damage, infection, and seizure.
- Chronic traumatic encephalopathy (CTE): CTE is a degenerative brain disease caused by repeated head injuries.
- Non-traumatic: Not all brain injuries are from trauma. Non-traumatic brain injuries are known as hypoxic/anoxic brain injury or an acquired brain injury. They can result from strokes, seizure, choking, or drowning.
Diagnosing brain injuries can be complex, especially if the victim did not experience a loss of consciousness. This can make an injury harder to detect. In cases where a victim is in a prolonged state of unconsciousness, it becomes pretty clear that they suffered a severe brain injury. It is always best to see a licensed medical professional or neurologist to determine what type of head trauma you may have suffered.
How Much Are Brain Injury Cases Worth?
Since no two brain injury cases are alike, there is no average brain injury settlement amount. The value of a claim will depend on several factors, such as the age and health of the victim, their earning capacity, the extent of their injury, and more. Generally speaking, the more severe the injuries, the higher the settlement will be.
Our traumatic brain injury lawyer will spend copious time calculating your damages to determine the true value of your claim. We will negotiate with the insurance company, and we will never settle less than what is rightfully yours.
Compensation for Your Brain Injury Claim
Compensation for brain injuries looks very similar to most personal injury claims. Victims are typically able to recover two types of damages: economic and non-economic. Economic damages reflect the victim’s actual financial losses, while non-economic damages are more subjective. Brain injury attorneys in San Diego may be able help you recover the following:
Medical Expenses
Your claim can compensate you for past and future medical expenses such as hospital and emergency room visits, medication, treatment, surgery, and more.
Ongoing Medical Care
If your injury requires you to receive ongoing medical care, such as physical therapy or rehabilitation, your claim can include compensation for future medical expenses.
Lost Wages
If your head injury causes you to miss time from work, you can be compensated for your lost income and loss of earning capacity if you are unable to return to work.
Physical Pain
Pain and suffering is a type of non-economic damage that encompasses physical and emotional pain, such as headaches, back or neck pain, and PTSD.
What Is the Statute of Limitations for a Brain Injury Accident in California?
The statute of limitations is the deadline for filing a lawsuit against the person or entity that caused your injury. If you miss the deadline, you lose your right to sue and recover any money for your losses.
For serious brain injury claims in California, the statute of limitations is two years from the date of the injury. However, there are some exceptions and extensions that may apply in certain situations.
For example, if the defendant is a government entity, you have to file a claim with them within six months before you can file a lawsuit. Or, if you did not discover your injury right away, the statute of limitations may start from the date you discovered it.
It is crucial to reach out to a San Diego brain injury attorney as soon as possible to ensure your legal right to compensation.
How Long Does a Brain Injury Claim Take to Settle?
Any experienced lawyer will tell you that there is no average time for a case to settle. This is because every case is unique to that person, their injuries, and other circumstances. If a case involves a head injury or other severe bodily injury, it will take longer to settle.
The time it takes to settle a brain injury lawsuit depends on the following:
- Negotiations: Settlement negotiations can take anywhere from weeks to months. Your lawyer will go back and forth with the insurance adjustor to reach a fair settlement.
- Filing a lawsuit: If the insurance company is playing hardball, your attorney may file a lawsuit to get a better outcome. The defendant has up to 45 days to respond.
- Mediation: To avoid a lengthy trial, many brain injury claims go into mediation. This can take anywhere from several months to over a year.
- Trial: If your case goes to trial, it can take anywhere from one to two years from the date of your accident. Trials are rare because they are lengthy and costly for both sides.
Contact an Experienced San Diego Brain Injury Lawyer Today
A brain injury can be a life-changing event. After you seek medical treatment, call our San Diego brain injury attorneys so we can help you recover compensation needed for your medical bills and more. You deserve compensation if a negligent driver, employer, or property owner caused your injury.
Harbor Accident Lawyers have extensive experience in personal injury and the laws surrounding California claims. We work on a contingency fee basis, meaning you pay nothing upfront to obtain legal representation.
Visit our personal injury law firm, located off the I-5 freeway in Downtown San Diego, and call or email us. Let us help you find solace and peace after a severe injury.