San Francisco Brain Injury Lawyer

The brain is arguably the most important organ in the body, it controls everything from housing our thoughts and memories to maintaining necessary functions that regulate our body. Any type of damage done to the brain can affect a person’s day to day life, especially if forceful contact is directly applied to the head, it will likely result in a traumatic brain injury (TBI). This could result in temporary or permanent paralysis, or even death.

According to the Brain Trauma Foundation (BTF) about 2.5 million people sustain a traumatic brain injury every year and currently serves as the leading cause of death and disability in children and adults ages 1 to 44. As TBIs can exhibit an infinite variety of physical, psychological, and emotional effects, rehabilitation is almost always an ongoing challenge for traumatic brain injury victims. So if you or a loved one has sustained traumatic brain injuries from an accident, it is vital that you seek an experienced brain injury lawyer who can help you recover damages so you won’t be forced to pay any medical expenses out of pocket and a hefty financial burden.

At West Coast Trial Lawyers, our team of brain injury attorneys are ready to serve as your personal legal representation throughout this endeavor. We are a law firm specializing in personal injury law and with over 20 years of legal experience, our lawyers are confident that they can get you the full and fair compensation you deserve for your damages.

We have recovered over $1.6 billion in financial compensation to our clients and we will continue to give them the best legal representation and look out for their best interests. Whether you or your loved one has suffered a brain injury from a car accident or from medical malpractice, our team of brain injury lawyers are there to answer every question and concern you may have regarding your case.

To schedule a FREE consultation, you can get in touch with our 24/7 legal team by calling us at (213) 927-3700 or by filling out our quick online contact form.

Defining a Traumatic Brain Injury

The National Institute of Neurological Disorders and Stroke (NINDS) defines a traumatic brain injury (TBI) as a brain dysfunction caused by a forceful bump, blow, or jolt to the head. While the severity of the head injury will be dependent on the strength and force of the blow, the range of injuries will vary on a case-by-case basis. However, they can be generally categorized in one of two types: Penetrating and Non-Penetrating.

Penetrating Head Injury

A penetrating head injury (sometimes referred as an open TBI) is when an object pierces the skull and enters into the brain tissue causing damage to certain parts of the brain. This type of injury is typically seen in incidents where there are gunshot wounds, blunt force trauma, shrapnel explosions, and skull fractures.

Due to the direct damage to the brain tissue, open TBI’s are classified as a severe type of injury that requires immediate medical care. Should a brain injury victim survive, a CDC infographic states that they have a 50% chance of experiencing serious consequences such as a decline in cognitive function or motor functions and about half of that percentage will die within 5 years of their injury.

Non-Penetrating Head Injury

A non-penetrating head injury (sometimes referred to as a closed head injury or a blunt TBI) is when an external force/blow has been applied to the head and the force moves the brain within the skull causing brain tissues to be bruised and blood vessels torn. This type of injury is usually seen in car accidents, falls, sports related injuries, and blunt force trauma to the head.

Due to the nature of non-penetrating head injuries, the severity will vary depending on the applied force and which part of the brain is damaged. While there is a higher survivability rate compared to penetrating head injuries, there is a possibility of developing long-term health complications that may affect your day-to-to-day lives.

Common Causes of a Traumatic Brain Injury (TBI)

There are multiple factors that can contribute to the cause of a traumatic brain injury, however, from what is typically seen in San Francisco, motor vehicle accidents, sports injuries, violent assaults, and slip and falls are the most common. While you can file a brain injury claim to recover damages, it is important to understand some of the differences between them in order to get a better understanding of what kind of challenges await you.

Motor Vehicle Accidents

According to a Motor Vehicle Traffic Crash report from the NHTSA, there were around 6,102,936 police-reported traffic crashes in the United States throughout 2021 and according to a brain injury study conducted by the National Institute of Health, around 37% of all car accident victims have suffered traumatic brain injuries.

As the liability of car accidents is going to fall onto the responsible party, opposing counsel and insurance adjusters may try to gather as much detailed information about the accident as possible in order to partially shift the blame onto the victim in order so that the responsible party and their insurance company won’t have to pay as much. In these cases, it is vital that you seek legal advice from an experienced brain injury lawyer because car accidents can potentially cause a variety of traumatic brain injuries and the associated costs needed in order to recover can be very costly.

Sports-Related Activities

The American Association of Neurological Surgeons has reported in a sports injury study that at least 1.7 million traumatic brain injury cases occur each year in the United States, and within that number around 10% were due to sports and recreational activities. As high-impact sports such as football, hockey, soccer, and rugby require players to tackle one another for a ball or puck, if a player is hit with a powerful blow to the head, they could endure serious head trauma. This can not only drastically affect how they play the game, but the liability would essentially fall into the injured player and their insurance policy unless there is evidence that the injury was intentionally inflicted.

Violent Assaults

Violent assaults are an unfortunate common occurrence for brain injuries and majority of these assaults tend to arise from domestic violence cases. According to the American Brain Foundation in a domestic violence report, over 75% of domestic violence survivors suffer single or repeated traumatic brain injuries and most of which go unreported.

As any physical abuse that is directed to the face could affect the victim’s brain, especially if a gun or knife is being used. While the severity can range from mild traumatic brain injuries to serious brain injuries, it is important for those suffering from violent assaults to seek help from friends, family, and personal injury attorneys to help you recover and be on a healthier path.

Slip and Fall Accident

According to a CDC fall fact sheet, slip and falls are some of the most common causes of traumatic head injuries with approximately three million people being treated in emergency departments for fall injuries. Due to the fact these accidents can happen anywhere, the Brain Trauma Foundation has reported through a fact sheet that around 28% of all brain injury claims have been due to falls. As there are many factors that can cause a slip and fall accident, if a liable party can be held responsible for their neglect then it is recommended for the victim to file a claim or else they would be forced to pay for the medical expenses out-of-pocket.

Traumatic Brain Injury Symptoms

Traumatic brain injuries can extend to a wide variety of symptoms that affect us physically and cognitively. So it is essential for those in an accident to seek medical attention if you have experienced any of the following symptoms. If you choose to ignore these symptoms, the possibility of your condition worsening is very likely and would require more extensive medical treatment and care.

Physical Symptoms

• Headaches
• Dizziness
• Vision issues
• Seizures

Cognitive Symptoms 

• Loss of or change in consciousness anywhere from a few seconds to a few hours
• Mild to profound confusion or disorientation
• Problems remembering, concentrating, or making decisions
• Drastic changes in sleep patterns

Can I Sue for a Traumatic Brain Injury?

If you have been involved in an accident and have received a traumatic brain injury, you can sue the responsible party and recover damages for your injuries and any other applicable damages. Depending on the scale and severity of the accident, victims can recover either economic or non-economic damages, but depending on the case and the attorney, they can potentially recover a mixture of both.

Economic damages are calculable damages designed to financially recover costs that has accumulated due to an accident. This type of damage includes things such as medical bills, lost wages, physical therapy, and quality of life adjustments. Meanwhile, non-economic damages are incalculable damages designed to compensate victims for subjective experiences that derived from an accident.

For example, pain and suffering, emotional distress, and any other mental health problems that derive from a traumatic accident will vary from person to person and the value of these damages will be dependent on the severity of the accident and the attorney arguing for them. If you are unsure what kind of damages you may be entitled to, it is recommended to consult with a traumatic brain injury attorney so you can have a better grasp of your situation.

What Should I Do if I Have Suffered a Traumatic Brain Injury?

If you have suffered a traumatic brain injury or any trauma to the head, it is important to seek immediate medical attention as soon as possible to determine the severity of your injury. As some brain injuries can be asymptomatic, the severity of a dormant brain injury can potentially cause serious and possibly even fatal results, so it is vital that you get it checked out and follow all recovery procedures to ensure your condition does not get worse.

Should you choose to seek legal action for your brain injury, it is recommended to gather as much information as possible regarding the incident. Evidence such as CT scans, MRIs, police reports, and even pictures of the incident are all acceptable forms of proof that can be used in a brain injury lawsuit. Once you have gathered the necessary amount of proof to leverage your TBI to a responsible party, then your claim becomes a valid brain injury case and your personal injury attorney can get started on the legal process.

West Coast Trial Lawyers Is Here to Help

If you or a loved one has suffered a brain injury due to someone else’s negligence, you may sue to recover damages. As brain injuries can accumulate high medical expenses and treatments, it is imperative that you hire an experienced brain injury attorney to represent you and your case so you can be on the proper path of recovery.

At West Coast Trial Lawyers, our team of traumatic brain injury attorneys are ready to take on your case and fight for you during this stressful time in your life. With over 20 years of legal experience, our attorneys will handle your brain injury case with the utmost care and respect that it deserves and they are confident that they can get you the maximum compensation you deserve for your damages.

We have recovered over $1.6 billion in financial compensation for our deserving clients and we will continue to do our duty to fight for them and represent their best interests. Whether you have sustained a mild traumatic brain injury or experienced severe brain damage, our attorneys have seen them and will be there every step of the way to address any questions or concerns that may arise in your case.

We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE consultation for your case, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or completing our easy online contact form.

Frequently Asked Question About San Francisco Burn Injury Claims

Why it is So Important to Get Medical Treatment After a Brain Injury

Sustaining a brain injury can result in a number of possible medical conditions with long-term health complications. Whether those injuries are showcasing symptoms or not, not getting medical treatment for your brain injury can be life changing and in some cases, fatal. So it is vital that you seek medical professionals to treat or even diagnose your injury after an accident, so you won’t have to suffer any severe injuries in the future.

How Much Money Can You Get From a Brain Injury?

The severity of your traumatic brain injury will be the main factor in determining how much money you can be compensated for. For instance, a severe head injury that has left you with impaired cognitive and or physical functions can allow you to be compensated for a sum within the seven figure range in order to accommodate for any medical procedures and quality of life adjustments.

What Are the Risks of Not Hiring an Attorney for a Brain Injury Accident?

If you do not hire an attorney for your brain injury case, you risk becoming financially responsible for all of your medical bills and any other sudden costs that may have accrued during the accident. Without proper compensation, your road to recovery will take longer than most in similar cases, and it will add more stress on your finances and will possibly take toll on you physically and mentally.