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Of all potential bodily injuries, among the worst are those that involve the brain. The brain is responsible for controlling all the body’s functions and involuntary responses through signals sent by the spinal cord to its various organs, structures, and systems.
Unfortunately, as important as the brain is to survival and function, it only has a limited ability to heal after an injury. This often means that an individual who has suffered a traumatic brain injury will acquire permanent deficits because of the injury. It also means that the injured individual is at high risk of suffering complications, including seizures, from the damage.
If you incurred a brain injury due to the negligent actions of someone else and are now suffering from seizures or other symptoms, you can pursue compensation for your medical expenses and the impact your injury and subsequent complications have had on your life. An experienced brain injury lawyer can help you understand this legal process.
Understanding Traumatic Brain Injury
A traumatic brain injury is generally caused by a sudden blow or jolt to the head or body. The injury can involve an object penetrating the thick protection of the skull, known as a penetrating injury, or the damage may take place within a closed head, caused by the brain violently bumping against the skull.
Brain injuries can result in widely varying deficits, depending on which portion of the brain sustains the initial damage. Each portion of the brain — known as a lobe — controls different functions of the body.
The lobes, and the functions they’re responsible for, are as follows:
- Temporal lobe. The temporal lobe controls numerous functions, such as memory, the ability to understand spoken language, hearing, sequencing, and organization. The temporal lobes are located on the sides of the brain,
- Frontal lobe. As the name suggests, the frontal lobe is in the frontal portion of the brain. It controls attention, concentration, speech, motor planning and initiation, impulse control, emotions, and behavior.
- Parietal lobe. The parietal lobe controls the body’s five primary senses, including the sense of touch, taste, smell, hearing, and sight. It is found at the top of the brain.
- Cerebellum. The cerebellum is responsible for certain functions, such as balance and coordination, skilled motor activity, and visual perception. It is located in the bottom of the brain near the brainstem.
- Occipital lobe. The occipital lobe controls an individual’s ability to see and perceive the size and shape of objects. It is located in the back of the brain.
- Brain stem. The brain stem controls the body’s involuntary responses, such as heart rate, temperature, consciousness, and the sleep/wake cycle. It is located at the base of the skull.
What Is a Seizure?
A seizure is a burst of uncontrolled electrical activity that occurs between brain cells. This electrical burst causes temporary abnormalities in the body’s muscle tone and movements, including stiffness, twitching, or limpness. Seizures also cause temporary changes to awareness, behaviors, or sensations. No two seizures are alike, and when it comes to seizures suffered after a brain injury, they can be a singular event or may become recurring.
Some of the common symptoms of a seizure include:
- Staring or unresponsiveness;
- Stiffening or shaking of the arms, legs, or head;
- A strange sound, taste, feeling, or smell; and
- The inability to speak or to understand spoken language.
There are two types of seizures: focal and generalized. Most seizures that occur within the first 24 hours after a traumatic brain injury are generalized as tonic-clonic seizures, which are often referred to as Grand Mal seizures. Focal (or partial) seizures occur after 24 hours and originate in a single area of the brain.
Common Causes of Brain Injuries Leading to Personal Injury Claims
Brain injuries can be incredibly devastating, often leading to long-term complications or permanent disability. Understanding the most common causes of these injuries is an important step towards their prevention and is critical in pursuing compensation should you find yourself a victim in a personal injury claim.
Motor Vehicle Accidents
When a collision involving motor vehicles occurs, the abrupt impact and violent shaking often involved can result in brain injuries. These might be caused by blunt force trauma to your head or by rapid acceleration and deceleration which forces your brain to collide against the inside of your skull.
Motor vehicle accidents involving motorcycles and trucks often result in severe brain injuries because of the size of the trucks and the lack of protection a motorcyclist has when compared to someone driving a car.
Slip and Fall
While it may seem somewhat surprising based on the seemingly minor nature of these injuries, slip-and-fall incidents actually account for many cases of traumatic brain damage every year. If you fall from an elevated surface like a ladder or staircase, or if you simply trip on uneven ground and fall and hit your head, it can have serious consequences like a concussion or traumatic injury.
Intentional Acts
While unfortunate, it’s sometimes the case that a person’s intentional act may lead to another sustaining a brain injury. Assaults or other random acts of violence often involve hard blows to the head and can cause substantial damage.
Medical Malpractice
When healthcare professionals make mistakes that harm patients, it often falls under medical malpractice. This can include errors during surgery or childbirth, improper medication dosages leading to seizures and subsequent brain damage, or other forms of harm. The effects of these missteps could range from mild injuries like concussions to severe ones such as internal brain hemorrhaging and permanent injury.
Defective Products
Sometimes, products come with design or manufacturing defects which can lead to unfortunate accidents causing head injuries. Examples might involve a faulty helmet failing to protect your head during a biking accident, defective airbags not deploying on time in car crashes, or heavy machinery that malfunctions and causes a brain injury.
Understanding the various circumstances leading to brain injuries through personal injury claims is crucial when pursuing justice. Regardless of what causes the injury, it’s essential to engage with knowledgeable and experienced legal professionals who can guide you toward adequate compensation.
Pursuing Compensation for Your Traumatic Brain Injury
If you’ve sustained a brain injury due to someone else’s negligence or intentional act, here are the types of compensation you can pursue:
Economic Damages
These include quantifiable financial costs relating to your injury. For instance, all past and future medical expenses such as hospital stays, rehabilitation, treatments, and prescription medications fall under this. So do lost wages if it has affected your capacity for work. Additionally, if you have property that was damaged in the accident, you can seek compensation for that as well.
Non-Economic Damages
These refer to less tangible costs associated with your injury, including emotional distress as well as pain and suffering. It can also involve compensation for loss of companionship or loss of enjoyment in your life as a result of being unable to participate in activities and hobbies you once enjoyed.
Punitive Damages
Some cases may warrant seeking punitive damages — these are intended not to compensate you but to punish and deter particularly reckless behavior by other parties involved. These types of damages are rare and could arise from extreme negligence like a drunk driver causing a serious accident.
Every case is unique, and the type and amount of damages you will recover are very fact-specific. Always speak with an experienced lawyer to determine what you may be entitled to.
Proving Your Brain Injury Case
Proving a brain injury case, like other personal injury lawsuits, usually involves establishing that negligence occurred. Negligence refers to the failure of an individual or entity to act with reasonable care under specific circumstances resulting in harm to others. Here are the four key elements you need to prove:
Duty of Care
This requires demonstrating that the defendant owed you a duty of care. For example, if your brain injury occurred after a car accident you would need to show that the other party had a duty to take precautions to keep you safe.
In this case, this element would be easy to prove, as all drivers inherently owe other road users (drivers and pedestrians alike) an obligation or ‘duty’ to operate their vehicles safely and according to traffic laws.
Breach of Duty
Next, you must prove that the defendant breached this duty by engaging in negligent behavior, like violating driving rules such as driving under the influence, texting and driving, speeding, or running a red light.
Causation
You must then draw a direct connection between the defendant’s conduct and your injuries. This means showing that you would not have suffered your brain injury if they had not breached their duty of care. You can do this by showing that another driver broke the traffic rules and as a result, hit you — they ran a red light and ran into your vehicle.
Damages
Lastly, you must establish that you have suffered damage as a result of the accident. In the car accident example, medical evidence and a doctor’s testimony could demonstrate that your brain injury arose directly from the collision caused by the negligent driver and that you suffered losses, like medical expenses and lost wages.
Compiling substantial proof for each of these aspects may seem daunting, but an experienced attorney can help guide you through this complex process to build a compelling case.
Statute of Limitations for Brain Injury Cases in California
In California, the statute of limitations for personal injury cases including brain injuries is typically two years. This indicates that you have a period of two years from the date the injury occurred to file a lawsuit. If you fail to file it in time, you will lose out on the ability to obtain compensation.
However, be mindful that there are potential exceptions that may apply. For example, if the injured party is a minor, the statute of limitations may be extended.
Because these circumstances can be complex, it’s critical that you seek legal counsel as soon as possible once confronted with any kind of traumatic brain injury.
FAQs
Can a brain injury cause epilepsy?
Yes, a traumatic brain injury can sometimes lead to epilepsy, which is a neurological disorder characterized by recurring seizures. This is called post-traumatic epilepsy.
What type of epilepsy is caused by trauma to the brain?
Epilepsy occurring after a traumatic brain injury is known as post-traumatic epilepsy. Traumatic brain injuries are the most common cause of symptomatic epilepsy in young people between the ages of 15 and 24.
Contact Gomez Trial Attorneys for Help With Your Brain Injury Claim
If you’ve suffered a brain injury due to someone else’s negligence, navigating through this challenging time is difficult. Fortunately, you don’t have to do it alone; with the help of Gomez Trial Attorneys, you have the best chance of recovering the compensation you’re entitled to. Our team has an in-depth understanding and experience handling complex brain injury claims, ensuring you receive justice. For help with your claim, contact us today to schedule a free consultation with a brain injury lawyer by calling 619-237-3490 or by contacting us online.
