Gomez Trial Attorneys » San Bernardino Brain Injury Lawyer

San Bernardino Brain Injury Attorneys

Trauma to the brain can lead to devastating effects that are physical, mental, and emotional. In addition to extreme financial loss and extensive medical bills, a catastrophic injury can result in substantial changes in a victim’s life.

If you or a loved one has suffered a brain injury due to someone else’s actions, contact our experienced San Bernardino brain injury lawyers. Our San Bernardino personal injury lawyers at Gomez Trial Attorneys can help you fight for the compensation that you deserve. Focus on your recovery while our San Bernardino brain injury lawyers handle the complex legal proceedings.

Gomez Trial Attorneys: Our San Bernardino Brain Injury Practice

At Gomez Trial Attorneys, our team has been fighting for the rights of injured clients for more than a decade. The dedicated brain injury division at the firm has not only appeared before state and federal courts all over the country, but have provided clients with positive results adding up to millions of dollars awarded in jury verdicts and settlements related to brain injuries over the years.

Some of our major accomplishments include:

• $16,200,000 jury verdict for a slip and fall brain injury
• $16,200,000 settlement for a slip and fall brain injury
• $13,500,000 jury verdict for a car accident brain injury
• $12,300,000 jury verdict for a “mild” traumatic brain injury
• $10,800,000 jury verdict for a brain injury and cervical fracture
• $5,750,000 settlement for a brain injury
• $5,200,000 settlement for a car accident brain injury

These are only examples, and results will vary according to the facts of any given case, but they point to the kind of law firm that we try to be — caring and protective our clients, but thorough in our attempts to recover all of the compensation they deserve and need to move forward.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a jolt or blow to the head or a penetrating head injury that disrupts the function of the brain. This type of injury usually results when the head is shaken violently or when an object strikes the head, penetrates skull and enters the brain tissue. While the severity of such a trauma can vary, the dangerous effects it can produce are long-lasting and, in some cases, may be permanent. These accidents are prevalent. According to the CDC, about 1.7 million Americans suffer a TBI accident each year; of that, 53,000 people will die from this injury, and 1.1 million individuals will have to go to the emergency room because of their debilitating symptoms.

People tend to associate traumatic brain injuries with concussions. Concussions are simply one type of traumatic brain injury. While concussions are the most common type of brain injury, many other brain injuries can leave victims with serious, disabling, conditions.

• Skull fractures: This usually involves a break in the bone surrounding the brain.
• (Brain) Contusions: These are bruises on the brain.
• Diffuse axonal injuries: These are lesions on the brain’s white matter, where brain cells are sheared or twisted.
• Coup contrecoup injuries: This results from a blow to the head that causes the brain to strike the opposite side of the skull. This is often associated with whiplash, where the head is jolted back and forth very quickly.
• (Brain) Hematomas: A collection of blood in the brain, outside of the blood vessels.
• (Brain) Hemorrhage: Bleeding in the brain due to escape of blood from the blood vessels.

Common Signs of a Brain Injury

Each brain injury is unique and can produce varied symptoms that range in degree of seriousness. In addition, some brain injury symptoms may appear right after an accident, while others may take time to develop.

While all brain injuries, like people, are different, here are some common symptoms to watch out for:

• Consistent headaches.
• Persistent neck pains.
• Having a hard time paying attention, making decisions, or remembering things.
• Slowed functioning (such as thinking, acting, reading, or even speaking).
• Feeling like you lack energy or are always tired.
• Swift mood changes.
• Easily confused.
• Blurred vision.
• Inability to concentrate.
• Dizziness or lightheadedness.
• Loss of balance and perception problems.
• Increased sensitivity to sound or light.
• Forgetfulness.

Common Causes of Brain Injuries

Brain injuries can result from many different circumstances. However, certain types of accidents result in a higher number of brain injuries because of the specific impacts they often produce; these accidents include:

• Motor vehicle accidents
• Slip and fall accidents
• Bicycle accidents
• Pedestrian accidents
• Work-related accidents
• Sporting injuries
• Construction site accidents
• Physical assaults

Regardless of how the accident occurred, victims of such injuries should protect their legal rights. Speaking with one of our San Bernardino brain injury lawyers after your accident may help you assess the situation and begin any necessary legal proceedings required to pursue proper compensation.

What Do Victims Need to Prove in a San Bernardino Brain Injury Lawsuit?

Fault

To successfully file a claim after suffering a brain injury, you will need to show that the other party was “at-fault” for your injuries. More specifically, you must show that they caused the incident that and that the incident resulted in your brain damage. To prove that the defendant was at-fault, you will need to show that they did not act the way a reasonable person would be expected to act in the same or similar circumstances.

In addition, you will need to prove that the defendant’s negligent actions were a proximate cause of the accident and that this accident resulted in your injuries and damages. This process may seem overwhelming. Our San Bernardino brain injury lawyers are better positioned to take over the process by investigating the claim and determining whom you might hold responsible for your injuries.

Time Limits

When it comes to filing lawsuits, California holds individuals to a variety of stringent timelines. For most personal injury claims, there is a two-year statute of limitations, meaning you have two years from the date of the injury to file your request. However, there are some cases where the statute of limitations is shorter, and some cases where it may be longer. For example, if your brain injury was caused by a California public entity, there are very quick deadlines and requirements that must be met to make a claim, beginning at six months after the injury. It is imperative that you speak with an attorney, like those at Gomez Trial Attorneys, as early as possible so as to ensure all deadlines are met. Likewise, contacting an attorney promptly after an accident may help protect against the loss of potentially vital evidence while the memories of the accident are still fresh.

Factors That Affect Settlement Amounts

Even though personal injury lawsuits can be complicated, brain injuries often take that complexity to the next level. Brain injury cases can get intricate, as many involve disastrous life-long effects and expensive treatment options. Multiple factors could affect settlement negotiations and may be taken into consideration when deciding on the compensation amount.

These can include:

• How severe was the brain injury?
• Does the plaintiff experience disruptions to daily activities?
• What is the certainty of the liability?
• What are the treatment options and chances of recovery?
• What emotional trauma did the plaintiff suffer?
• What is the cost of litigation for this injury?
• What are the costs of current and future medical treatment?
• What is the amount of lost income that the victim experienced while recovering?
• Did the brain injury affect future earning capacity?
• Is this brain injury permanent?
• Has the brain injury affected the relationship with the plaintiff’s spouse or partner?
• Did the defendant act with malice, fraud, or oppression?

With so many moving components that could affect a brain injury lawsuit, discussing your case with one of our brain injury lawyers may help navigate your options.

Brain Injury Damages

When your brain injury is the result of someone else’s actions, you may bring a claim and recover damages. This is especially important when you have suffered injuries requiring extensive and long-term medical care. It is essential to discuss all of your expenses and injuries with your attorney so that they can try to help you pursue compensation for any tangible and intangible losses you have experienced as a result of your injury.

Economic damages: These damages are the identifiable financial losses that the victim has endured as a result of the accident and their injury. These include:

• Medical bills: This can include any current medical expenses as well as future costs.
• Lost wages: Because these injuries can be extremely severe, many victims have to stop working for long periods of time to recover. Some victims may never return to their job because of their injuries. That is why these damages can include current and future lost wages.
• Medical services: These damages often refer to the specialized care a victim will need. This may include long-term therapy, rehabilitative services, medical devices, or any at-home care.
• Other out-of-pocket expenses.

Non-economic damages: These damages refer to the losses that the victim has suffered, but that are not strictly defined in monetary terms. These damages do, however, directly correlate to the wrongful actions of the defendant who caused the injury. These can include:

• Pain and suffering
• Emotional distress
• Loss of companionship
• Loss of emotional support
• Diminished quality of life

Punitive Damages: In certain, very limited instances, if the actions of the defendant are grave enough, California allows an award of punitive damages. This compensation is an extra amount awarded to a plaintiff for the sole purpose of punishing the negligent party and stopping them and others from performing the same action again. However, this amount may only be a possibility for victims who prove that the defendant acted with one of the following factors: malice, fraud, or oppression.

Why Consider a San Bernardino Brain Injury Lawyer from Gomez Trial Attorneys?

Any accident victim may benefit from the assistance of an attorney to tackle the complexities of their case. This may be especially apparent if the accident involves a brain injury. Brain injuries can be incredibly complicated and can take a significant toll on a victim’s normal daily functions and how they live their life. And, even a minor brain injury might have lasting effects on a victim’s physical well-being, cognitive ability, and their family’s future. A brain injury lawyer from Gomez Trial Attorneys may help you get the compensation that you need.

Additionally, our attorneys could assist with:

• Determining the cause of the accident: In brain injury cases, it is crucial to know the cause of the accident, the impact of the injuries, and have proof to ensure the victim’s case is strong. Your attorney could investigate, research, and identify potentially critical evidence required to help your claim and show what compensation may be adequate for your injuries.
• Case evaluation: Brain injuries often involve a lot of expenses and can take a toll on the victim and their entire family. With the help of your lawyer, you could get your case evaluated and assessed to help ensure that the costs of your recovery and trauma are represented in the amount of compensation you pursue.
• Collecting pertinent evidence: As is the case in most personal injury claims, the success of your brain injury case will depend upon the strength of your evidence. Even if you believe it is apparent you suffered a brain injury as a result of the defendant’s conduct, they may not be held liable if you do not have compelling evidence to prove causation and your damages. Our experienced attorneys understand this situation and know what has been required in proving these cases. With the help of CT scans, diagnostic imaging, medical documentation, photos of your injury, police reports, and history of your medical care, they may document and show your damages and whether the defendant may be held liable for your injuries.

How Could the San Bernardino Brain Injury Team at Gomez Trial Attorneys Help?

The legal team at Gomez Trial Attorneys understands that brain injury accidents result in a painful experience, not only for the victim but for the victim’s family as well. That is why we want to stand up for those individuals that have suffered a brain injury and pursue compensation against those parties that have caused their suffering and life-altering damages. We have fought for victims and for their rights every step of the way.

If you or a family member were injured in an accident that resulted in a brain injury and need representation in San Bernardino or its neighboring communities, do not wait any longer. Contact our law firm today or dial (619) 237-3490 to speak with one of our attorneys.