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San Diego Brain Injury Lawyer

accident victims. Fortunately, legal consequences can be implemented against the liable party. You will need to find a personal injury law firm, like West Coast Trial Lawyers, if you are interested in starting the filing process.

Our experienced brain injury attorneys are readily available to offer assistance. We have over 150 years of collective knowledge in handling personal injury cases, and are confident that we will meet your legal needs by delivering quality services. We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case.

To schedule a free case evaluation, we welcome you to reach out by calling (213) 927-3700 or completing our online contact form.

Red and blue 3D rendering of a human brain.

How Does a Traumatic Brain Injury Occur?

A traumatic brain injury occurs when an external force makes direct contact to the head and creates a jolt-like sensation that can damage the area. It can lead to short- or long-term effects depending on the severity of the blow. TBI victims may notice life-altering changes to their cognitive, physical, and psychosocial functions, and may require medical treatment to improve their quality of life.

Traumatic Brain Injury Statistics

Based on 2020 data, about 214,110 hospitalizations were made to treat a traumatic brain injury, and 69,473 deaths were reported. This depicts an average of 586 TBI-related admissions and 190 deaths per day. The information provided does not mention any wellness services that were administered at an urgent care, primary care, or emergency department. Remaining cases of TBI have also gone unreported since others who sustained such bodily damage did not seek medical care.

The most common age group to endure a traumatic brain injury are people ages 75 and older. They account for 32 percent of hospitalizations and 28 percent of fatalities. It was found that men with a TBI were two times more likely to become a patient at a health facility and three times more likely to die from worsening conditions than women.

Common Causes of a Traumatic Brain Injury

Traumatic brain injuries can be caused by multiple factors. Each one listed below has the ability to create a force of impact that may cause bodily damage to the head.

Motor Vehicle Accidents

Traffic collisions, such as motorcycle or car accidents, can cause traumatic brain injuries. It is not always expected for such harm to emerge instantly after a crash, but risks are higher due to the intense contact that occurs. Even seemingly minor accidents have the ability to bring about brain trauma. It all depends on the intensity of physical shock after the head has been struck with unexpected power.

Slip and Fall Accidents

Brain injuries caused by slip and fall accidents are particularly common amongst older adults and younger children. This can take place while:

  • Getting in or out of a bed,
  • Using a ladder,
  • Walking up or down the stairs, or
  • During a bath.

Younger people are known to experience sports injuries that may cause a TBI. It is likely to occur during high-impact activities, like boxing or football. Direct contact to another play can harm several parts of the body, especially the head. This issue may also develop if a player decides to act indifferently from what the game requires, and may give the victim the opportunity to file a brain injury claim.


Violence that involves objects penetrating the skin, like gunshot wounds or knife stabbings, can contribute to a skull fracture. This can happen to any age group. Aggressive movement is another factor that can trigger head trauma, especially with infants. This is referred to as shaken baby syndrome.

Explosive Blasts

Explosions or combat-related injuries that lead to brain damage typically occur with active-duty military members. It is said that when pressure waves enter the system, it can significantly interrupt your brain function. In addition, these blasts may cause falling debris. Contact with such force can pierce through the skin and result in a head injury.

Common Traumatic Brain Injury Symptoms

Woman sitting in front of her laptop with a coffee by her side putting her hands to her head in pain.

Traumatic brain injury symptoms may vary depending on what area was primarily affected and how serious the wound is.

Mild TBI

Victims diagnosed with a mild TBI may encounter the following:

  • Headaches,
  • Vision issues,
  • Lack of concentration,
  • Behavioral mood changes,
  • Light or sound sensitivity, and
  • Nausea or vomiting.

Moderate to Severe TBI

A person who is suffering from moderate to severe brain injury is expected to endure the symptoms listed below:

  • Persistent headaches,
  • Loss of vision,
  • Slurred speech,
  • Seizures,
  • Lack of sleep, and
  • Loss of consciousness.

It is encouraged to seek medical attention as soon as possible if you believe you are experiencing significant pain after direct contact to the head. In certain cases, not all brain injuries are noticeable quickly. Symptoms may appear days, weeks, or months after. Failing to act fast can progressively worsen the condition and prolong treatment.

What Is the Average Recovery Time for a Traumatic Brain Injury?

The recovery time for a traumatic brain injury will depend on several circumstances. To determine an estimate, the Harvard Medical School, the Medical College of Wisconsin, and the University of California, San Francisco created a study focusing on 484 participants who were diagnosed with a TBI and how it has affected their quality of life 12 months post-injury.

The group learned that nearly half of the patients with a severe TBI and three-quarters of those with moderate TBI regained the ability to function at home on their own for a minimum of eight hours per day. They were also exhibiting significant functional gains within two weeks to 12 months post-injury.

It was reported that 77 of participants who stayed unconscious in a vegetative state at two weeks gradually gained consciousness and 25 percent were fully oriented by 12 months. Although these findings shed some positive light on TBI recovery, Michael McCrea, the co-first author of the study, heavily emphasized that “these findings should not be misinterpreted to imply an overly optimistic picture of outcomes after moderate to severe traumatic brain injury because a high proportion of participants were left with considerable disabilities.”

He further went on to mention that “these data further inform the natural history of recovery after moderate to severe traumatic brain injury and indicate that a sizable subset of these patients can achieve meaningful improvement in life function over the first year after injury. These findings wield important translational implications for early clinical management of patients with moderate to severe traumatic brain injury.”

The research concluded by implying that although a substantial amount of patients face death or a long-term disability after a TBI, there is growing evidence that shows how severe acute impairment does not necessarily mean that there will always be a “uniformly poor long-term outcome.”

How to Prevent a Severe Brain Injury in San Diego

Three hard hats stacked on top of each other on a construction site floor.

To prevent a severe brain injury, it is encouraged to incorporate the suggestions mentioned below into your lifestyle.

Wear Seat Belts

Always have on a seat belt while in a moving vehicle. Children should be in the back seat, and secured in a safety or booster seat that is in accordance with their size and weight.

Have on Safety Gear When Engaging in Sports Activities

To minimize the risk of brain trauma resulting from sports injuries, you should have on protective gear, such as a:

  • Helmet,
  • Eyewear,
  • Mouth guard,
  • Protective pad, and
  • Pair of gloves.

It is also encouraged to follow the rules of the sport to prevent severe brain injuries from emerging after making an illegal or unnecessary game play against another player.

Avoid Driving While Impaired

Do not drive a vehicle while you are under the influence of drugs or alcohol. You may react slower to hazards ahead and are more expected to make poor decisions that can increase your likelihood of getting into car accidents.

Put on a Fitted Helmet

If you are riding a motorized vehicle, like an e-scooter or motorcycle, it is heavily encouraged that you wear a fitted helmet that is in compliance with the U.S. Department of Transportation (DOT) rules and regulations (CVC §27803). Wearing protective headgear will lessen the chances of you sustaining fatal or severe brain injuries if you get into a collision.

Pay Attention to Your Surroundings

Remain alert at all times. Do not allow distractions, such as cell phones, to divert your attention away from walking on the sidewalk or driving a vehicle. Even a few seconds of your time being succumbed to another activity could put you in a dangerous position. If you absolutely need to fulfill a specific task, you should find a safe location where you are confident it can be catered to.

Safe Proof Your House

Slip and fall accidents are known to occur in bathrooms and on the staircase. To avoid tumbling down, you should do the following:

  • Maintain good lighting throughout the house,
  • Place mats next to the bathtub or shower, and
  • Install handrails in the bathrooms and on the sides of the staircase.

If you have children living on your property, it is suggested that you:

  • Place window guards,
  • Put safety gates at the top and bottom of the staircase, and
  • Have secured area rugs.

What to Do in a San Diego Brain Injury Lawsuit

Gavel on a wooden desk with attorney and client in the background.

Serious brain injuries can happen when you least expect it to. The outcome can lead to lifelong changes that may impact you physically, emotionally, and financially. Accident victims may be granted with the opportunity to take legal action against the liable party to recover compensation for the losses endured. Under such circumstances, you should consider fulfilling the actions sectioned below to maximize your likelihood of delivering a strong brain injury case.

Gather Evidence

Be sure to obtain medical records pertaining to your brain injury. This will prove that you did, in fact, get harmed by a negligent individual or entity and needed medical treatment. If possible, you should also try to take photographs or video footage of your wounds, other damages, and the accident scene. Do not forget to exchange contact information with all parties involved, and to ask for contact details from bystanders.

Get Medical Treatment

To learn whether you sustained a serious brain injury, you should get examined by a medical professional. They will run procedures, like CT scans or MRIs, to determine a diagnosis. If all signs point to a head injury, you may be asked to follow a treatment plan that is best suited to heal or improve your condition. All doctor visits, prescriptions, and medical evaluations will be saved on file and can be used as evidence to include in your lawsuit.

Hire a San Diego Brain Injury Lawyer

Brain injury cases can be difficult to go through on your own. It is crucial for you to submit a well-constructed claim that will better your chances of winning a reasonable settlement. To achieve such an outcome, you will need to hire a San Diego brain injury lawyer to assist you through each step of the legal process.

Can I File a Personal Injury Lawsuit if My Brain Injury Was Caused by a Defective Product?

If your brain injury was caused by a defective product, you may file a lawsuit against the:

  • Manufacturer,
  • Distributor, or
  • Others associated with the chain of distribution.

To determine liability, you should present your case to a brain injury attorney. Based on the details provided, they will identify the accountable party and establish a plan to ensure you get maximum financial compensation.

Brain Injury and Wrongful Death

Under specific factors, a traumatic brain injury can turn fatal. The decedent’s estate or surviving family may file a wrongful death lawsuit against the at fault party to seek justice and compensation for the losses endured. You will only be allowed to submit one claim under California’s wrongful death “one-action” rule to allow the court to resolve the issue in a timely manner.

You will be required to prove that:

  • The defendant owed the decedent a duty of care,
  • The defendant breached their duty of care,
  • Their reckless behavior led to the victim’s passing, and
  • You, the plaintiff, sustained financial and emotional damages as a result.

Your legal representative will help you acquire evidence to ensure you are awarded with a full and fair settlement that will help cover the expenses you incurred after your loved one’s passing. Common types of damages that are typically granted in a wrongful death lawsuit are:

  • Medical bills,
  • Funeral and burial costs,
  • Lost wages,
  • Emotional distress, and
  • Pain and suffering.

Statute of Limitations to File a San Diego Traumatic Brain Injury Case

The statute of limitations to file a San Diego traumatic brain injury case is two years from the initial date of when the incident occurred or when symptoms were discovered. Although you are granted a significant amount of time to take legal action against the opposing side, you should act quickly by collecting enough evidence and finding the right San Diego brain injury lawyer to represent you.

If you fail to submit a personal injury claim prior to the deadline, you will no longer be eligible to obtain compensation for the damages you suffered as a result of the brain injury. However, there are some exceptions that may toll the statute of limitations. Some examples include the following:

  • The defendant is out-of-state,
  • The defendant is in prison, or
  • The defendant is a minor.

Once the reason for the tolling has ended, the perspective legal period may start again.

Compensation Available in a Traumatic Brain Injury Lawsuit

Attorney writing out a check for their client.

Traumatic brain injury survivors are entitled to sue the at fault party to obtain compensation. You will be required to gather evidence to use as proof that the opposing side breached their duty of care, and how their negligent behavior contributed to your losses. If successful, your brain injury settlement will include economic and non-economic damages.

Economic Damages

Economic damages are monetary setbacks you encountered due to the incident. This includes:

  • Medical expenses,
  • Rehabilitation fees,
  • Lost wages, and
  • Future earning capacity.

Non-Economic Damages

Non-economic damages are intangible costs that are difficult to measure in monetary terms, such as:

  • Emotional distress,
  • Loss of enjoyment of life,
  • Loss of consortium, and
  • Pain and suffering.

Punitive Damages

Punitive damages are rarely awarded. The intent behind it is to punish the wrongdoer for exhibiting egregious conduct by enforcing them to provide additional compensation to cover financial hardships you encountered and to prevent any possibility of similar actions from being committed in the future. To attain punitive damages, you will need to prove that the defendant displayed fraudulent, malicious, or intentional behavior against you.

How Will a San Diego Brain Injury Attorney Help With a Personal Injury Case?

San Diego brain injury attorneys can play an important role in a personal injury case. Since they specialize in handling legal matters associated with injuries and/or damages caused by accidents, they will have a thorough understanding of what particular tasks must be done to ensure the client is satisfied with the outcome of the settlement.

The list below will discuss what to expect out of a brain injury attorney.

  • A case evaluation will be administered to learn about the incident and whether you should sue the opposing side.
  • If your legal team believes you are eligible to file a brain injury lawsuit, they will initiate an investigation and assess the evidence provided to determine how to approach the problem.
  • They will calculate the total amount of damages you endured to get an idea of what you should be owed.
  • Your brain injury attorney will negotiate with the opposing side on your behalf to make sure you reach a fair settlement.
  • Emotional distress is a common response that many brain injury victims may experience while in recovery. Your legal team may provide you with comfort and reassurance as you go through such a challenging time in your life.

If you sustained a brain injury due to someone else’s negligence, you may be entitled to file a claim against them. At West Coast Trial Lawyers, our San Diego legal team is available 24/7 to assess the situation. From there, we will protect your rights, aggressively negotiate with the defendant, represent you in court if needed, and get you the financial compensation you deserve.

To schedule a free consultation with one of our top-rated brain injury attorneys, we welcome you to reach out to us by calling (213) 927-3700 or filling out our quick online contact form.

More Resources

Left Brain Vs Right Brain Injuries and Recovery

Brain Injury Lawsuit and Fatigue Scale

Working After a Brain Injury

When Brain Injury Symptoms Show Up Later in Life

Traumatic Brain Injury Lawsuit Regulations in California

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