What You Should Know about Traumatic Brain Injuries
Whether you've been injured in an accident, are dealing with a personal injury claim, or facing another legal issue, Mendez & Sanchez APC is here to fight for you. Contact us today for a free, no-obligation consultation.
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A traumatic brain injury (TBI) is a type of damage to the brain that can occur after a traumatic event. TBI can range from mild concussions to more severe problems, such as skull fractures or bleeding in the brain.
Table of Contents
- The Signs and Symptoms
- How Do These Injuries Occur?
- How to Prove a Personal Injury Case for Brain Trauma
- Why You Should Hire a Lawyer for a Personal Injury Claim
- The Bottom Line
A concussion is a brain injury caused by a sudden blow, hit, or jolt to the head and body. Concussions can cause various symptoms, including headache, dizziness, nausea, and problems with memory or concentration.
More severe traumatic brain injuries can involve bleeding or damage to the brain tissue. These injuries can lead to long-term problems, such as paralysis, problems with speech or cognition, and even death.
Traumatic brain injuries are the leading cause of death and disability. Each year in the US, about 2.87 million people suffer a TBI. Of those, about 50,000 die, and 235,000 are hospitalized.
In today's article, let's explore some of the most important things you should know about traumatic brain injury. Here's what you need to know:
The Signs and Symptoms
Signs and symptoms of TBI can appear immediately after the injury or may not appear until days or weeks later. The most common symptoms of TBI include:
- headache
- dizziness
- confusion
- lightheadedness
- nausea
- blurred vision
- ringing in the ears
- bad taste in the mouth
- fatigue or drowsiness
- trouble sleeping
- sleepiness during the day
- mood swings
- irritability
- depression
- anxiety
- memory problems
- difficulty concentrating
- slurred speech
TBI can be difficult to diagnose, and some symptoms may not appear until days or weeks after the injury.
How Do These Injuries Occur?
Various things can cause TBI, and it’s essential to be aware of the risks. TBI can devastate a person’s life, and it’s vital to do everything possible to prevent it.
The leading cause of TBI is car accidents. The force of the impact during a car accident often leads to hitting the steering wheel, dashboard, or window. This can result in a concussion or more severe brain injury.
Another common cause of these injuries are falls. When you fall and hit your head, you can sustain a concussion or other brain injury. This is especially true if you’re elderly, as falls are the leading cause of TBI in people over the age of 65.
You can also sustain a TBI from being hit with a blunt object, such as a baseball or a hammer.
Primary Injury vs. Secondary Injury
We often hear the terms "primary injury" and "secondary injury" when referring to the effects of an accident or injury. But what is the difference between these two types of injuries?
A primary injury is initial damage that is done to the body as a result of an accident or injury. This can be something like a broken bone or a laceration.
A secondary injury is any additional damage due to the primary injury. For example, if someone breaks their leg in an accident, they may also suffer from a secondary injury like a blood clot.
In some cases, a secondary injury can be just as severe as a primary injury. It's essential to get prompt medical attention after an accident or injury, even if you don't think you've been seriously hurt.
How to Prove a Personal Injury Case for Brain Trauma
To prove a brain injury case, the victim must show that the injury was caused by another person or entity's negligence. This means that the victim must be able to show that the other person or entity owed them a duty of care and that this duty of care was breached. The victim must also be able to show that the breach of duty was the direct cause of the victim's injury.
Many things can cause a brain injury, but to prove negligence, the victim must show that the person or company responsible for the injury was at fault.
Proving a brain injury case can be complex and challenging, but with the help of an experienced personal injury lawyer, you can get the compensation you deserve.
Why You Should Hire a Lawyer for a Personal Injury Claim
You may be wondering if you need to hire a lawyer to help you with your injury claim. Of course, you don't need to have an attorney. There are several advantages to having one on your side.
1. The Legal System Can Be Complicated, But a Lawyer Can Help You Navigate it
The personal injury claim process can be very confusing and difficult to navigate. A qualified personal injury lawyer can provide guidance and support throughout the process.
2. A Lawyer Can Help You Build a Strong Case
Your personal injury lawyer will be able to investigate your accident, gather evidence, and interview witnesses to build a strong case on your behalf. This is important as insurance companies will often try to lowball injury victims who don't have legal representation.
3. To Get the Compensation You Deserve, It's Important to Work with a Lawyer
The personal injury lawyer you choose can fight for you to get the maximum compensation possible for your injuries. This includes compensation for medical bills, lost wages, pain, suffering, and more.
If you've been injured in an accident, don't try to handle the claim on your own. Be sure to contact a lawyer and get the proper help you need.
The Bottom Line
Traumatic brain injuries can result in a wide range of cognitive, physical, and emotional symptoms, leading to long-term disability or even death. There is no one-size-fits-all treatment for TBI, and recovery can be a long and challenging process. However, with the right support and resources, many people with TBI can make a full or partial recovery.
If you are looking for an accident lawyer in Los Angeles, we can help you. Here at Mendez and Sanchez Law, you will only find the best. Our attorneys and team members are here to help you through the difficult legal landscape as we pursue the compensation you deserve. Please contact us for your injury, auto accident, workers' compensation, and other legal needs today.
Frequently Asked Questions
How long do I have to file a brain injury lawsuit in California after a car accident?
In California, you generally have two years from the date of your injury to file a personal injury lawsuit, under California Code of Civil Procedure Section 335.1. However, if your TBI caused a delayed diagnosis — which is common, since symptoms can appear days or weeks later — the 'discovery rule' may allow the clock to start from the date you discovered the injury rather than the accident date. If your injury involves a government entity, such as a city with a dangerous road, you have just six months to file a government tort claim under California Government Code Section 911.2, so acting quickly is critical.
What kind of compensation can I actually recover for a traumatic brain injury in California?
In a California TBI personal injury claim, you may be entitled to both economic and non-economic damages, including past and future medical expenses, rehabilitation costs, lost wages, and loss of earning capacity. You can also recover non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life, which often represent the largest portion of a TBI settlement given the life-altering nature of these injuries. In cases involving egregious negligence, California courts may also award punitive damages under California Civil Code Section 3294, though these are less common.
My elderly mom fell at a nursing home in Los Angeles and suffered a brain injury — who is liable?
If your mother suffered a TBI from a fall at a California nursing home, the facility may be liable under California's Elder Abuse and Dependent Adult Civil Protection Act (Welfare and Institutions Code Section 15600), which holds care facilities to a heightened duty of care for residents. You may be able to pursue claims against the nursing home for negligence, understaffing, or failure to implement fall-prevention protocols — all common issues in Los Angeles County facilities investigated by the California Department of Public Health. An experienced personal injury attorney can subpoena staffing records, incident reports, and care plans to build a strong liability case on your mother's behalf.
Does California have a cap on how much I can get for pain and suffering in a brain injury case?
California's Medical Injury Compensation Reform Act (MICRA), codified under California Civil Code Section 3333.2, historically capped non-economic damages at $250,000 in medical malpractice cases, but Assembly Bill 35 — signed into law in 2022 — is gradually raising that cap to $350,000 for non-death cases and $500,000 for wrongful death cases by 2033. Importantly, this cap only applies to medical malpractice claims, not standard personal injury claims like car accidents or slip-and-falls, where there is no cap on pain and suffering damages in California. This distinction can significantly impact the value of your TBI case depending on how the injury occurred.
What mistakes do TBI victims in California make that hurt their injury claims?
One of the most damaging mistakes TBI victims make is delaying medical treatment or skipping follow-up appointments, which insurance companies use to argue the injury was not serious — even though TBI symptoms commonly emerge days or weeks after the incident. Another critical error is giving a recorded statement to the at-fault party's insurance adjuster without an attorney present, as adjusters are trained to use your own words to minimize your payout. In California, failing to document your symptoms in a daily journal or neglecting to preserve evidence like dashcam footage, medical imaging, or witness contact information can also significantly weaken your claim.
Can I still sue for a brain injury in California if I was partially at fault for the accident?
Yes — California follows a pure comparative negligence system under California Civil Code Section 1714, which means you can still recover compensation even if you were partially at fault for the accident that caused your TBI. Your total compensation will simply be reduced by your percentage of fault; for example, if you are found 30% at fault and your damages total $500,000, you would still recover $350,000. This is more favorable than many other states that bar recovery if you are more than 50% at fault, making it well worth pursuing a California TBI claim even in complicated situations.
How do doctors and lawyers actually prove a traumatic brain injury in a personal injury case — what evidence is used?
Proving a TBI in a California personal injury case typically requires a combination of medical imaging such as MRI, CT scans, and neuropsychological testing, along with expert testimony from neurologists or neuropsychologists who can explain the injury's impact to a jury. Attorneys often work with life care planners to quantify the long-term costs of your injury, including future surgeries, therapy, and in-home care, which can amount to millions of dollars over a lifetime for severe cases. Subjective evidence is also powerful — journals documenting daily symptoms, testimony from family members about behavioral and cognitive changes, and employment records showing lost productivity all help paint a complete picture of how the TBI has affected your life.