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"We get many calls from brain injury survivors or family members looking for resources to help them with a legal problem. We always tell them it's critical to find someone who understands brain injury. We never hesitate to refer them to Gomez Trial Attorneys. We know they will be understood, taken seriously and expertly represented by brain injury specialists.
- Susan Hansen, CEO, SDBIF- Susan Hansen, CEO, SDBIF

Brain Injury Attorneys

The brain is one of the most essential organs of the body, controlling thoughts, behavior, understanding, and all of the body’s involuntary and voluntary responses. For that reason, traumatic brain injuries (TBIs) constitute one of the most complex and life-altering injuries a person can suffer. They can come with enormous financial burdens, not to mention the extraordinary non-economic impacts a TBI can inflict on a victim’s life and his or her family.

If you have suffered a brain injury as a result of someone else’s careless or reckless actions, then you may have the right to obtain substantial compensation. The experienced brain injury lawyers at Gomez Trial Attorneys have the skill and resources to help.

Gomez Trial Attorneys’ Dedicated Brain Injury Lawyers Can Help

If you or your loved one suffered a brain injury due to the reckless or careless actions of someone else, the experienced brain injury lawyers at Gomez Trial Attorneys would like to help you understand your legal options for recovering damages through a brain injury lawsuit.

Our dedicated brain injury practice includes a brain injury client liaison who helps brain injury survivors and their families understand the medical and legal issues they’re going through. He also helps us to better understand and communicate with those suffering from TBIs.

Some of the other services we provide for our brain injury clients include:

  • Thoughtful guidance regarding the legal process of obtaining the compensation they need to address the expenses and impacts that a traumatic brain injury has caused and will cause throughout their lives.
  • Assistance from a brain injury client liaison that works directly with clients to understand both the legal and medical processes involved with this type of injury.
  • Timely filing of court-required paperwork in the proper jurisdiction.
  • The determination of all liable parties and insurance resources in their cases.
  • Establishment of a value to their cases based on the expenses they incurred and the impacts they face.
  • Collection of evidence including accident reports, medical reports, and other information that will help prove liability.
  • Deposition of witnesses and networking with expert witnesses such as brain injury specialists and accident reconstruction professionals.
  • Attendance at all pre-trial conferences and hearings.
  • Skilled negotiation to obtain a fair settlement on their behalf.
  • In lieu of a fair settlement offer, litigation of their cases in court.
  • Pursuing collection of a settlement or jury award.

Over the years, we have recovered more than $500 million for our clients. The compensation we have obtained in just a few brain injury cases alone include:

  • $16,200,000 jury verdict for a brain injury sustained in a slip and fall accident
  • $13,500,000 jury verdict for a brain injury caused by a car accident
  • $12,300,000 jury verdict for a “mild” traumatic brain injury
  • $10,800,000 jury verdict in a case involving both a brain injury and a cervical fracture
  • $5,750,000 settlement for a brain injury
  • $5,200,000 settlement for a brain injury caused by an auto accident

We cannot promise similar results in every case, but we do believe that our reputation can precede us, and that defense lawyers know to take our clients and their cases seriously. Please call us now to see if you can benefit from our representation.

About Brain Injuries

A traumatic brain injury is a type of brain injury that occurs when a sudden trauma—such as a violent blow or jolt to the head or body—causes brain damage. Some of the common sources of this type of injury include:

  • Motor vehicle accidents, which are the most common cause of traumatic brain injuries in teens and young adults.
  • Falls, which are the most common cause of traumatic brain injuries in adults over the age of 65.
  • Assault, including domestic abuse, child abuse, and other physical altercations. Child abuse is the most common cause of traumatic brain injuries in children aged four and younger.
  • Blast injuries, including explosions, which are a common source of traumatic brain injuries suffered by military personnel.

The brain has only limited ability to heal itself, which means TBIs often result in permanent impairments and disabilities. The nature and persistence of symptoms of a TBI depend not only on the severity of the injury itself but also on which area of the brain sustained damage. The brain contains sections, known as lobes, which control different functions in the body.

Here is a look at those lobes, which functions they control, and which deficits are commonly associated with damage to that part of the brain:

  • Frontal lobe: As its name suggests, the frontal lobe is located in the front of the brain and is responsible for functions such as speaking and understanding spoken language, paying attention, self-monitoring, impulse control, personality, emotions, and judgment. Injuries to this part of the brain affect an individual’s ability to control emotions or behavior and cause difficulties with memory as well as communication.
  • Temporal lobe: Located on the sides of the brain, beneath the ears, the temporal lobes are responsible for functions such as memory, understanding spoken language, sequencing, organization, and hearing. Damage to the temporal lobe can result in difficulty with memory and communication.
  • Occipital lobe: The back portion of the brain, called the occipital lobe, controls the body’s ability to see. Damage to this area of the brain results in difficulty seeing or perceiving the size and shape of objects.
  • Parietal lobe: The middle portion of the brain is known as the parietal lobe, and it is responsible for the five primary senses: sight, hearing, smell, taste, and touch. Damage to this area of the brain often causes damage to those senses.
  • Cerebellum: Located on the top part of the brain stem, the cerebellum is responsible for functions such as balance and coordination, skilled motor activity, and visual perception. Damage to this part of the brain results in difficulty with balance, movement, and coordination.
  • Brain stem: Located at the base of the brain, the brain stem controls the body’s involuntary responses such as breathing, arousal, consciousness, heart rate, and sleep/wake cycles. An injury to the brain stem is generally catastrophic as it impairs these life-sustaining responses.

The deficits incurred through a traumatic brain injury also depend on the side of the brain that suffered the injury. Both the left and right side of the brain are responsible for different functions and traits:

  • The left side of the brain controls movement on the right side of the body and is also responsible for traits such as analysis, logic, precision, organization, and literal thinking. Damage to this side of the brain results in difficulties speaking and understanding spoken language, impaired logic, sequencing difficulties, and loss of movement to the right side of the body.
  • The right side of the brain controls movement on the left side of the body, as well as traits such as creativity and imagination, intuition, empathy, and figurative thinking. Damage to the right side of the brain results in deficits such as loss of control of left side body movement, visual-spatial impairment, and visual memory deficits, altered creativity and music perception, and loss of big picture thinking.

Because damage sustained by an initial injury to the brain is often permanent, early treatment of a brain injury seeks to prevent further damage from occurring. About half of all brain-injured individuals require surgery to control bleeding, remove an object that has entered the skull and penetrated the brain, or to place a shunt to drain cerebrospinal fluid away from the brain. Another important aspect involved in early treatment includes ensuring that the brain and other parts of the body are receiving an adequate supply of oxygen.

After doctors stabilize the patient and prevent further damage, the patient typically receives various therapies to learn to live with the existing damage, including physical, occupational, and speech therapy.

The Gomez Firm | Brain Injury
  • Blast Injuries/Explosions
  • Falls
  • Motor Vehicle Accidents
  • Assualts
  • Contruction Negligence
  • Medical Negligence

Complications Associated with Brain Injuries

“Brain injuries are complex and require specialized experience and understanding. Brain injury survivors and their families require understanding and empathetic care. For those reasons, I am proud to announce the launch of our law firm’s dedicated Brain Injury Practice group. Chaired by Senior Trial Attorney Benjamin Coughlan, the sitting Vice President of the San Diego Brain Injury Foundation and editor of the Journey Toward Recovery: A Brain Injury Guide for Survivors, we provide experienced, dedicated legal care and services to survivors of brain injuries of all types. Call or write today to learn more about our impressive credentials, experience, and services or to find out how we can help a brain injury victim that you may know.”

In addition to the severe deficits that result from the injury itself, traumatic brain injuries also frequently result in serious complications, including:

  • Altered consciousness: If the injury damages the part of the brain that controls sleep and wake cycles, an individual may experience a consciousness disorder. Common consciousness disorders include coma, a vegetative state, or a minimally conscious state.
  • Seizures: Some people experience seizures almost immediately after the injury occurs, while others may experience this complication after years of living with the injury. Recurrent seizures after a brain injury are known as post-traumatic epilepsy.
  • Hydrocephalus: This condition involves a buildup of cerebrospinal fluid on the brain that may require the surgical placement of a shunt to drain the fluid. Increased pressure caused by the excess fluid can inhibit oxygen flow to the brain and result in further damage.
  • Infections: Infections in the protective covering around the brain—known as the meninges—are common in injuries involving penetration of a foreign object into the brain. Other infections may also result from loss of mobility following the injury.
  • Fever: Fevers are often the first sign of an infection in a brain-injured person. However, fevers associated with a brain injury can also occur due to damage to the part of the brain that regulates body temperature.
  • Damage to blood vessels: Blood vessel damage occurring as a result of the injury increases the injured person’s risk of suffering a stroke or blood clots.
  • Blood clots: Blood clots may form in the brain as a result of damage to the vessels or can also occur in the deep veins of the legs as a result of lack of mobility after the injury. Blood clots in the legs pose an increased risk of developing a condition called pulmonary embolus, which results from the clot traveling through the blood system from the leg to the lung.
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The Gomez Firm | Brain Injury Chair of Department The Gomez Firm | Brain Injury

The Non-Economic Impacts of Brain Injuries

Around 60 percent of the individuals who have suffered a brain injury remain unemployed two years after the injury takes place. More than half of the nation’s homeless population is living with brain injuries that were either acquired as a result of homelessness or were the catalyst for the homelessness occurring. These statistics are testimony to the severe impacts that a brain injury places on every aspect of the injured person’s life.

Some of those impacts include:

  • Family life: Family members often find that the injury permanently alters the relationship they enjoyed with the injured person. Spouses, parents, and children of the brain injured person often are expected to take on the role of caregivers. The spouse may find that the injured person is no longer interested in intimate relations due to hormonal imbalances resulting from the injury, or a change in body image and sexual desires following the injury. The extraordinary expenses associated with this type of injury place a financial burden on the family members, particularly when the injured person was the primary bread-winner.
  • Work: Many individuals can’t resume the job-related tasks they previously performed after incurring a brain injury. If they can still perform some type of work, they often must undergo occupational therapy as well as training to learn new, employable skills. Many never resume work at all. For those who can return to the job they held before the injury, there is often a need for shorter days, longer breaks, and a lightening of the workload as fatigue is a common condition experienced after brain injuries.
  • School: Contrary to popular belief, children who suffer brain injuries do not heal better than brain-injured adults. In fact, it may take many years to fully understand the deficits that the child experiences because of a brain injury, because the child’s brain is still developing. Children who return to school after a traumatic brain injury also frequently need longer breaks and shorter hours to manage their symptoms in an educational setting. Many children also require assistance at school, including help from a paraprofessional to organize schoolwork and to manage impulse and behavior issues resulting from the injury; the opportunity to take tests orally or in a multiple-choice format rather than essay-format; and additional time to complete assignments.
  • In society: The impulse and behavioral issues frequently caused by brain injuries, and other physical and cognitive issues resulting from the injuries, prevent many individuals from participating in community activities they previously enjoyed. Further, many family members report that the friends who lined the hospital hallways immediately after the injury occurred often fall away over time, which can have a significant isolating impact on the brain injured person.
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Call Our Brain Injury Attorneys Today

If you or your loved one suffered any kind of brain injury (even a so-called mild one) as a result of someone else’s careless or reckless actions, then you may have the legal right to receive substantial compensation. The sooner you get started, the better your chances of recovering the compensation you need and deserve after suffering a traumatic brain injury.

The skilled brain injury lawyers at Gomez Trial Attorneys have garnered national recognition for the quality of service they provide to their clients. We also frequently team with an impressive network of brain injury attorneys from across the nation in representing TBI victims in every corner of the United States. For a free, confidential, no-obligation initial case evaluation, contact the brain injury legal team at Gomez Trial Attorneys online or by calling (619) 237-3490.

Call or write today to learn more about our impressive credentials, experience, and services or to find out how we can help a brain injury victim that you may know.”

Brain Injury FAQs

The brain is a complex organ responsible for controlling voluntary and involuntary functions of the entire body. The brain has only a limited ability to heal itself after injury. Because of this, brain injuries rank among the most serious and life-altering injuries that a person can suffer.

If you or your loved one sustained a brain injury because of the careless or reckless actions of someone else, you undoubtedly have many questions about what the future holds, how you will pay for medical treatment, and what the legal process is for obtaining the compensation you need for your recovery. Here are answers to some of the questions clients most frequently ask us about brain injuries.

I don’t know anyone else living with a brain injury. Are brain injuries rare?

No, they are quite common. Traumatic brain injuries (TBIs), usually caused by a violent blow or jolt to the head or body, constitute a major cause of death and disability in the U.S., leading to more than 2 million visits to hospital emergency departments each year. Around two percent of Americans—roughly 6 million people—live with a brain injury.

The symptoms and effects of a traumatic brain injury can impact every part of a victim’s life, including the ability to work or go to school, to participate in community life, and to sustain personal relationships. At home, a traumatic brain injury can upend family dynamics. The injured person’s spouse or children often find themselves thrust into the role of the victim’s caregiver. Families living with a loved one who has suffered a TBI can feel as though no one else understands what they’re going through.

What is the process of obtaining compensation for a brain injury?

If you have suffered a brain injury that was caused by someone else’s carelessness or recklessness, generally the process you would use to obtain compensation for your expenses is a personal injury lawsuit. A personal injury lawsuit is a civil action in which the injured person (with the help of an experienced brain injury lawyer) proves someone else’s legal liability and seeks damages (usually money) as compensation. The vast majority of these cases settle out-of-court through negotiation between the injured person’s attorney and the liable party’s insurance provider and/or defense attorney. However, some cases do not settle and instead go to trial, where a judge or jury resolves them in court.

I can’t work since my TBI. What if I can never return to work?

Many individuals who have endured a brain injury struggle to return to work in their former job or capacity. Some might continue working with the help of accommodations by their employer, while others may never work again. Research shows that 60 percent of brain-injured adults are unemployed two years after suffering their injuries.

One of the services an experienced brain injury attorney can provide is to explore a TBI victim’s avenues for replacing income lost because of an inability to work. That may include pursuing disability benefits from public or private insurance plans. It also often includes seeking compensation for that current and future lost income through a lawsuit.

The doctors called my brain injury “mild,” but I’ve had long-lasting problems because of it. Can people get compensation for a “mild” TBI?

Yes, they absolutely can in many cases. Regardless of the words doctors use to classify a brain injury, there is nothing “mild” about suffering a TBI. So-called mild traumatic brain injuries can inflict permanent damage and cause debilitating problems such as chronic headaches, memory loss, persistent fatigue, brain fog, cognitive and emotional difficulties, and motor impairments, among others. These problems can interfere with a victim’s ability to work or go to school and have widespread impacts on a person’s lifestyle and relationships. These harms deserve compensation no matter how a doctor classifies the severity of the injury that causes them.

What damages can I seek for my brain injury?

Damages refer to (typically) money you might recover to pay for the expenses and life impacts caused by your TBI. In a lawsuit, a lawyer will often seek to obtain two categories of damages for the injured person.

The costs of treating a TBI can range from $85,000 to $3 million by some estimates. These economic damages may include:

  • Medical expenses, including the cost of emergency treatment at the scene of the accident or in the emergency department, transport to the hospital by ambulance or aircraft, diagnostic testing, physician and surgical services, hospitalization, prescription medication, physical therapy, and rehabilitation.
  • Modifications to your home or vehicle that are necessary due to disabilities caused by the injury. Mobility devices such as a wheelchair or crutches are also considered a recoverable expense.
  • Loss of income due to being too injured to work or having to miss work to attend injury-related medical appointments.
  • Loss of future earning capacity if your brain injury leaves you unable to work at all or you can’t earn a similar income or perform a similar job as you did before the accident.

Non-economic damages that may include:

  • Physical pain and suffering
  • Emotional distress
  • Permanent disability
  • Loss of the enjoyment of life
  • Loss of consortium, which is damage recovered on behalf of the injured person’s spouse for the loss of physical intimacy and companionship due to particularly severe injuries, such as traumatic brain injuries

No lawyer can guarantee you will recover all, or even any, of these categories of damages in a lawsuit. To give yourself the best shot at obtaining compensation, however, work with an experienced brain injury attorney.

How do I prove liability in my brain injury case?

First, a lawyer handles the job of proving liability on your behalf. Your job is to focus on healing from your injury.

Lawyers prove someone else’s liability for your injury by collecting and presenting evidence that:

  • The at-fault party owed you a duty of care not to act in a way that put you at an unreasonable risk of harm. The nature of this duty depends on the circumstances. A driver has a duty of care not to speed or disobey traffic laws. A shop owner has a duty of care to clean up slippery spills. And so on.
  • The party breached the duty of care through dangerous or careless actions that put you in harm’s way.
  • The breach caused the accident or incident resulting in your injury.
My brain injury occurred at work. Should I sue my employer?

Generally, an employer’s workers’ compensation insurance protects employees against the costs associated with a workplace injury. Employees covered by workers’ comp usually do not have the option of suing their employer for an injury.

However, an injured worker might have the ability to take legal action against a third party (someone who is not the employer or a co-worker) in some cases. For example, if you suffered injuries in a crash while driving a company vehicle for work, you may have a third-party claim against another driver who caused the accident.

An experienced brain injury attorney studies the details of your case to determine which sources of compensation you may have available for a workplace brain injury.

My child suffered a brain injury. What can we expect for his future?

Contrary to popular belief, the prognosis for children who have experienced a brain injury is not better than that of adults. Many of the symptoms of the injury in children will not become apparent for quite some time, as the child’s brain continues to develop and the child faces increased expectations, both cognitively and socially.

Children with brain injuries often require assistance in school to help them stay motivated, engaged, and socially functional. This may involve giving children additional time to complete assignments or tests; to test orally or through multiple choice rather than essay-format; to access recordings or videos of lessons taught to assist with memory deficits, and to take more frequent breaks to counter fatigue.

What is the average brain injury payment?

Because settlement amounts depend on the expenses and life impacts experienced as a result of a brain injury, there is no average settlement. Brain injuries cause a wide range of health and life complications for victims, making each brain injury case unique.

Factors that can influence the amount of money a victim might receive include:

  • The at-fault party’s financial resources. Most personal injury settlements and judgment get paid by insurance, with the remainder coming directly out of a liable party’s pocket). Thus, the amount of insurance a party carries, and the size of that party’s assets, can influence the amount of money a brain injury victim might recover.
  • The severity of the injury. While any injury to the brain can cause severe, life-long deficits, more-severe injuries often require extensive treatment, impair the ability to work, and impair every aspect of a victim’s life. These impacts can influence the size of a settlement or jury award.
  • The victim’s age. No person’s life is worth more than another. However, the financial impact of a brain injury can differ depending upon the stage of life of the victim. A victim who gets injured mid-career will likely claim more money in the way of lost income than someone just starting out, for example. A child facing a lifetime of therapy and impairment may claim a greater sum than a senior citizen who had already begun to experience cognitive decline.
  • Patience. Some people afflicted with brain injuries in a preventable accident get offered a quick settlement by the party at fault. Accepting these quick settlements is often a mistake. A quick settlement typically under-values the full impact of the injury and the expenses the victim will likely face in the future. That is often the point of these offers: to get the liable party off the hook as cheaply as possible. A victim who has the patience and financial wherewithal to say “no” to a quick settlement offer, and to trust our brain injury attorneys to investigate the full value of a claim, and to pursue that claim to the maximum extent possible, can often hope to recover a greater amount of compensation than the person who jumps at fast money.
Do I need an attorney to help with my brain injury case?

Yes, you do. In fact, not only do you need an attorney to handle your case, you need legal counsel who has specific experience in representing brain injury victims. Brain injuries are extraordinarily complex and expensive to treat. Lifetime costs of medical treatment alone for a TBI can range from tens-of-thousands to millions of dollars. An attorney experienced in brain injury cases has the know-how to evaluate your present and future financial needs and entitlements, to ensure you seek (and hopefully recover) the maximum amount allowed under the law.

But that’s not all. A skilled brain injury lawyer can also:

  • Provide guidance about legal options available to you based on the facts of your case.
  • Investigate and identify all parties with legal liability to you, and which of those have the financial resources to pay you damages.
  • Prepare and file a lawsuit on your behalf.
  • Collect evidence and witness testimony to help prove your case.
  • Work with a network of experts, including medical and occupational specialists and forensic scientists, who may offer opinions that bolster your case.
  • Advocate for you in court, if necessary.
  • Advise you about settlement offers.
  • Do the legwork involved in collecting your settlement or award.

Books and ArticlesBook And Articles

Book And Articles Brain Injury Book Journey Toward Recovery Journey Toward Recovery is a family's comprehensive guide to working their way through a brain injury. From what to expect to legal issues to coping with the day to day, this guide helps survivors and families tackle the issues big and small as effectively as possible. Buy on Amazon
Brain Injury Article Out of the shadows into survival Journey Toward Recovery is a family's comprehensive guide to working their way through a brain injury. From what to expect to legal issues to coping with the day to day, this guide helps survivors and families tackle the issues big and small as effectively as possible. Read the Article Here

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