The human brain has many parts, each responsible for certain functions. Together, these parts form the control center for the human body. The human brain controls virtually any activity necessary to survive, including thought, breath, thirst, and hunger. Injury to the head and brain can result in permanent or temporary loss of vital functions. Tragically, severe head and brain injuries can also result in death.
Shockingly, more than 130 people die every day in the U.S. from sustaining a head injury. Sadly, a large majority of these deaths occurred in preventable acts of negligence. At the Mitchell Law Corporation, our aggressive attorneys in San Diego have successfully represented clients seriously injured through no fault of their own and can assist you in your quest for justice. We have recovered hundreds of millions of dollars for our clients’ work-related injury damages and are committed to helping victims obtain fair settlements.
If you ever receive a traumatic brain injury (TBI) due to the preventable negligence of another party, then it is essential to work with an attorney.
There are many ways your claim can benefit from the support of a San Diego brain injury attorney. To start, it isn’t uncommon for insurance providers to complicate the process and deny injury claims, no matter the evidence or the severity. Ultimately, insurance companies will prioritize their bottom lines rather than the health and well-being of their clients—if you don’t know how to best interact and negotiate with them, then speaking to your insurance provider (without an attorney) can do more harm than good.
However, an attorney understands how to speak with insurance companies in a way that won’t be misconstrued as an admission of fault. This will give you the best possible chance at receiving a reasonable settlement from your insurance provider before your brain injury case is litigated.
Proving liability can be especially difficult without an experienced San Diego brain injury lawyer. As with any personal injury case, to receive the best possible settlement, you will need to prove that the opposing party was at fault for the accident. If you cannot prove the other party’s negligence, your personal injury claim isn’t going to succeed.
If you’re unfamiliar with how to prove liability for an accident, and if you lack an understanding of the evidence you’ll need to present, there is a strong chance that your personal injury claim won’t end up in your favor. However, an attorney will be able to perform a thorough investigation of the accident—they will also know the kinds of evidence the court is looking for to successfully prove the other party’s liability.
Additionally, a TBI attorney will have a clear understanding of the damages you are rightfully owed. Determining damages during a personal injury case can be highly complex, considering the large number of variables that need to be accounted for. Your attorney will help ensure that you’re receiving all the damages you’re owed, based on the unique circumstances and details of your situation.
As you can see, representing yourself during a personal injury case can easily backfire. Therefore, if you’re looking to receive an adequate settlement, it is essential that you bring in a highly experienced brain injury attorney.
Brain injuries are usually classified by severity, mechanism (open or closed), and location of injury:
Brain injuries come in many forms and levels of severity, and the symptoms can vary tremendously. Nevertheless, there are some common TBI symptoms to look for if you’re ever concerned that you may have suffered a brain injury. These symptoms can also vary, depending on your injury’s level of severity.
Some of the most typical symptoms of a mild traumatic brain injury (physical, sensory, and cognitive) are:
Alternatively, while all brain injuries are serious, some will cause more damage than others. Symptoms of a moderate-to-severe TBI might take some time to appear, from a few hours to a few days after the initial accident. Moderate to severe brain injuries will generally result in the same symptoms as a mild TBI; however, you can also expect to experience some of the following:
This can be a difficult question to answer because TBIs can vary significantly in their impact and level of severity. Although it is possible to suffer a mild brain injury without it leading to a significant shortening of your lifespan, moderate-to-severe brain injuries can take a more noticeable toll.
According to data collected by the CDC, within five years of receiving a moderate-to-severe traumatic brain injury, just over one-fifth of the individuals tracked had passed away. However, another 30 percent saw a worsening of their condition in that time.
Keep in mind that, even though a severe TBI won’t always lead to death, it will almost always result in serious long-term symptoms and adverse health effects on the individual. These individuals are at a far higher risk of experiencing seizures or developing certain infections, for instance. And, even if the TBI sufferer doesn’t die as a result of their injury, a moderate-to-severe brain injury can shorten someone’s lifespan by an average of about nine years.
Simply put, while not all head injuries can result in a brain injury, most brain injuries are the direct result of a head injury.
Saying that an individual experienced a head injury, technically speaking, refers to an injury of the skull. The purpose of our skull is to protect our brain, and often, it will succeed at doing so. That is how someone can receive a head injury, possibly leading to bruising or other external injuries, without developing a TBI.
On the opposite hand, if the skull is unable to protect the brain from injury, a head injury can lead to a traumatic brain injury, as well. Traumatic brain injuries won’t always be accompanied by damage to the skull, however, which is why they are sometimes overlooked—especially if the TBI symptoms don’t develop immediately after an accident, but take several hours (or even several days) to appear.
If the brain is jostled within the skull, this is a traumatic brain injury. And, although this can be the result of suffering a head injury, it can occur without an external injury or damage to the skull itself.
Head and brain injuries can stem from a broad range of work-related accidents, including:
For your traumatic brain injury claim to succeed, you will need to prove that the opposing party was liable for the accident, but you will also need to prove that the brain injury exists in the first place.
After experiencing an accident that leads to a head injury, it’s essential that you receive medical attention. Having medical documentation of your TBI is one of the most substantial ways to prove the existence of a brain injury. You will also need to present evidence of the accident, demonstrating how it occurred and how it led to the injury you suffered.
In court, you may also be expected to testify about the accident that led to your TBI, providing detailed information about how the injury has impacted your life and about the trauma that you have experienced.
The average payout for a head or brain injury is highly dependent upon the individual circumstances and complexity of your case. That’s to say, the size of your brain injury settlement will vary substantially based upon a number of critical factors.
To determine a TBI settlement, the personal injury court will need to account for:
If you’re ever unclear where your settlement money is coming from, be sure to discuss this with your San Diego personal injury attorney. They will be able to break down the damages you should rightfully be receiving, explaining why your total settlement is what it is.
If you or someone you know suffered a serious head injury at work, do not wait to contact an ethical lawyer in Los Angeles at the Mitchell Law Corporation. We can prevent you from being denied the ability to file a workers’ compensation claim. Please keep in mind, per California law, victims usually only have one year from the date the injury occurred to take legal action. One year may sound like a long time, but the legal process is complex and cannot be rushed. Do not risk losing your legal right to significant compensation for injury-related damages.