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.

San Bernardino Brain Injury FAQ

Numerous members of the San Bernardino community must struggle every day with the consequences of a traumatic brain injury (“TBI”). People in these positions do have legal rights. If their injuries were caused by someone else’s negligence or recklessness, they may even pursue compensation for damages.

There’s a lot about brain injuries that even medical experts don’t totally understand. The human brain is very complex. With that said, there are plenty of things that doctors and researchers do know about brain injuries and TBIs. Below, we’ll answer some of the most common brain injury questions our team receives.

If you’re a San Bernardino resident suffering from a brain injury caused by the negligence of another party, consider speaking with a compassionate brain injury attorney at Gomez Trial Attorneys as soon as possible.

How do brain injuries happen? What accidents cause brain injuries?

Somebody can suffer a brain injury under numerous circumstances. Many people think that you need to be in a severe or violent accident for brain injuries to occur. This is not the case. In fact, your brain can be seriously hurt without anything physically striking your head.

Some examples of situations where brain injuries are common include:

• Motorcycle accidents: People on motorcycles face more risk during an accident than most vehicle occupants. This is because motorcycles don’t afford the same protections as cars do (four walls surrounding you, safety features, etc.). If a motorcyclist isn’t wearing a helmet, then he or she is in even more danger of a TBI
• Slip and falls
• Sports injuries
• Workplace injuries
• Violent assaults

Is anyone at an increased risk of brain injury?

Yes. Three specific groups face an increased risk of brain injury:

• People who work in dangerous occupations or who enjoy potentially dangerous hobbies: If somebody works in a high-risk occupation or likes to play contact sports, for example, he or she is more likely to get a concussion than someone who doesn’t engage in those activities
• Children: There are a plethora of reasons that kids are more prone to brain injuries than most adults. For very young children, learning to walk and control motor skills is extremely challenging. It’s easy to fall. Even as kids grow, they all follow unique growth patterns. It’s difficult to keep up with a changing body, so injuries and accidents are very common. Children’s injuries may also go unnoticed because symptoms show differently than in adults (or because adults can’t afford to worry about every injury a child gets)
• The elderly: Older people are at high risk for brain injuries for a few reasons. Firstly, elderly people tend to fall more often than middle-aged adults. Some of them also have pre-existing health conditions that could make a brain injury more severe or may mask a brain injury. Blood thinners, which are common amongst older people, can make concussions more dangerous

Is it easy to recover from a brain injury?

In many cases, no. Even if you are not a brain injury survivor facing a long and arduous recovery, the recovery process isn’t always easy in less severe cases. Our brains are the centers of our bodies—if your brain takes damage, the consequences can be difficult to predict, and even harder to address. Recovery from a brain injury varies widely from person to person, but in the worst cases, recovery can become a lifetime pursuit.

Can a CT scan or MRI prove a concussion?

No. CT scans and MRIs might detect concussions in some cases. They also may help identify other types of injuries in the brain. Just because imaging came back clear after your injury, it does not mean that your brain is injury-free.

Who is responsible for my brain injury?

There’s no single answer to this question. Responsibility for brain injuries changes on a case-by-case basis. There are many different kinds of TBIs, and most of them can occur under a wide range of settings. The CDC states that slip and falls and car accidents are the two leading causes of brain injuries, but many other circumstances can cause them.

Determining who’s responsible for a brain injury may be difficult; and, even when it’s not, proving that responsibility is usually tricky. That’s why it’s best to work with an experienced San Bernardino brain injury lawyer who can help you with the complexities of your case.

Why is it so hard to predict the outcome of a brain injury?

An injury can affect so many areas of our brains that even the best doctors don’t always know what impacts a person may suffer. Medical science has given us additional insight into potential treatment options for brain injuries, but experts still don’t have extensive knowledge of how our brains fully work or, accordingly, how to fully restore functionality.

Why is my loved one acting differently after their brain injury?

Brain injuries can change how people feel and react emotionally, physically, and mentally. Sometimes these changes are temporary. Sometimes, they are long-lasting or permanent.

If someone’s behavior has changed because of a brain injury, you should not be alarmed. Depending on the circumstances, you may need to seek medical attention for them if you haven’t already. Many people act moody, tired, frustrated, and confused after brain injuries. As many as 10 percent of them may eventually need ongoing care—so if your loved one is acting up or displaying odd behavior, they may require professional treatment.

Are concussions common?

Yes. Concussions are common. Around 2.5 million Americans experience TBIs each year, and concussions account for a significant number of those injuries.

How long do concussion symptoms last?

There’s no way to predict how long the symptoms of a concussion might last. For some people, symptoms are almost imperceptible. Other concussion victims may experience symptoms for minutes or hours after their injury; it’s even normal to have concussion symptoms for days or a few weeks after the incident that caused the concussion.

What if concussion symptoms last years?

If your concussion symptoms don’t go away, ask your doctor for a closer observation. There is a condition called post-concussion syndrome that causes concussion survivors to feel concussion symptoms for years after their injuries.

What is the definition of traumatic brain injury (TBI)?

Traumatic brain injuries (or TBIs) are simply defined as injuries that impact our brains.

The specific circumstances and results of a brain injury usually give more context:

• Some TBIs result in concussions and/or less severe symptoms
• Other TBIs result in disability or death
• Many TBIs occur due to blows or jolts to the head
• If a trauma causes brain tissue penetration, it can lead to TBI

Most mild TBIs only impact someone’s brain cells temporarily. More severe TBIs (and even moderate TBIs) could cause long-term damage. Bruising, torn tissue, and bleeding may go on for some time.

What are some TBI statistics?

• TBI impacts over 2 million people every year
• Around 100,000 Americans every year become permanently disabled by TBI
• 20 times more people are hospitalized for TBI than for spinal cord injuries every year

What is the difference between “mild” TBI and severe TBI?

The degree of severity that your doctor may ascribe to your traumatic brain injury only applies to the initial presentation of symptoms—not to your prospects for recovering.

Don’t let these descriptions mislead you. “Mild” traumatic brain injuries may cause lifelong disabilities, and severe traumatic brain injuries may clear up shortly—and of course, the reverse could also apply. Understand that any traumatic brain injury is serious and the resulting symptoms are impossible to predict, regardless of what words your doctor uses to describe the injury.

How are traumatic brain injuries treated?

Remember that every brain injury is unique; there’s no easy way to answer questions about how all brain injuries are treated. With that said, some people who experience TBI do find relief via surgery and physical therapy. These are two ways that some people help restore some function to their brains and improve their lives after an injury.

Unfortunately, the damage caused by a TBI is often permanent. This is why brain injuries are considered some of the most devastating injuries—and it’s why there’s an entire subset of the law that focuses on situations like these.

Can traumatic brain injury impact different parts of the brain?

Yes. The way that a TBI manifests and the degree that it impacts someone’s life is often directly related to which part of their brain was injured.

• Frontal lobe injuries may make it difficult to use judgment or control seemingly voluntary movements
• Temporal lobe injuries can cause people to talk excessively or have difficulties understanding when other people speak to them
• Parietal lobe injuries may make it hard for someone to describe or name objects and feelings
• Occipital lobe injuries often impact vision; they can make it difficult to see, may cause hallucinations, and can make it hard to identify and name colors
• Cerebellum injuries cause tremors, staggering, and other consistently bodily movements
• Brain stem injuries cause headaches, slurred speech, nausea, trouble controlling movement, and more

Do people lose consciousness during a brain injury?

Sometimes, but not always. Plenty of mild and moderate brain injuries can occur without any loss of consciousness at all. Sometimes, there aren’t even any noticeable symptoms. Many people do lose consciousness during a brain injury, though. This may last from a few moments up to a few minutes. Some people lose consciousness for hours or days after head injuries.

What can I recover after a brain injury?

A qualified San Bernardino brain injury attorney can help you seek compensation for damages incurred due to your brain injury.

You may recover damages for:

• Medical bills: You can pursue compensation to account for past and present medical bills incurred because of your brain injury. You may also pursue damages for projected medical bills that your injury will necessitate.
• Lost wages or diminished earning capacity
• Pain and suffering and mental anguish
• Physical damages
• Disability

Should I talk to a brain injury lawyer?

Yes. Gomez Trial Attorneys offers prospective San Bernardino clients free consultations. Once you find a seasoned brain injury attorney you trust, you should speak with him or her about your circumstances as soon as possible. Your attorney can help you pursue compensation for your injuries, and maximize the odds of a return to as normal of a life as possible following a brain injury.

You may benefit from legal assistance even more than some people if:

• Your brain injury caused you a sizable financial loss
• A brain injury impacted or removed your ability to perform daily tasks
• You are experiencing emotional suffering and/or physical pain because of your TBI
• Your TBI was caused by an accident and the accident is traceable to someone else’s recklessness or negligence

Gomez Trial Attorneys: San Bernardino Brain Injury Lawyers

If you or somebody you love has suffered a brain injury in San Bernardino, there is compassionate legal support available to you. Reach out to the team at Gomez trial attorneys today to be connected with one of our experienced brain injury associates. We have extensive experience helping clients with cases just like yours pursue justice, and are proud to serve as a resource for members of our San Bernardino community grappling with the effects of a brain injury.

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.