Have you or a loved one fallen victim to a traumatic brain injury in San Bernardino? Traumatic injury to the brain, or TBI for short, occurs when something outside of the head causes brain dysfunction. Usually resulting from a violent jolt or blow to the head, traumatic brain injuries are also caused by objects that penetrate the skull, such as a bullet or sharp object. Some brain injuries are mild, causing only temporary brain cell dysfunction. On the other hand, severe brain injuries can tear tissues, cause hemorrhaging, and result in long-term complications. Many brain injuries are fatal.
Traumatic brain injuries from car accidents, trip and falls, or workplace incidents, for example, can change your life. Some victims of head and brain injuries never fully recover. If you or a loved one fell victim to a traumatic brain injury (TBI), you need an experienced lawyer to support you during litigation. A personal injury lawsuit could go a long way toward your recovery.
The Facts and Statistics about TBI’s
According to the Centers for Disease Control and Prevention (CDC), there are an estimated 2.8 million emergency department visits, hospitalizations, and deaths relating to traumatic brain injury in the U.S. every year.
According to the 2013 statistics, here are the leading causes of TBI’s:
- Falls (47% of ER visits)
- Struck by Objects (15% of ER visits)
- Motor Vehicle Accidents (14% of ER visits)
Intentional self harm was also shown to be a major factor in TBI injuries as well, as of all of the brain injuries recorded in 2013, 33% of them were from self-infliction.
Those most at risk of sustaining TBIs are people aged 75 and older. Traumatic brain injuries contribute to almost one-third (30%) of all injury deaths in the U.S. TBI-related deaths take the equivalent of 153 lives every day.
TBIs can cause confusion, memory loss, difficulty concentrating, cognitive problems, and motor function disabilities. While minor TBIs will only result in temporary symptoms, major ones can lead to permanent brain damage, seizures, coma, and death. Some TBIs can leave victims paralyzed. There is no such thing as a “minor” brain injury – all are serious and can result in lifelong health effects. In many cases, TBIs result from negligence. A distracted driver, careless property owner, or individual with intent to harm can transform a healthy person’s life into one with the effects of a brain injury.
In some cases, preventable brain injuries occur during difficult births. If a doctor fails to properly monitor fetal vital signs, he or she could miss fetal distress. This could lead to brain hypoxia (lack of oxygen) and temporary or permanent brain damage, as well as disorders such as cerebral palsy and Erb’s palsy.
If someone else’s negligence caused your brain injury, that person may be responsible for your medical bills, home modifications, lost wages, lost quality of life, emotional distress, and more. We know a lawsuit won’t take back your pain. It can, however, remove a significant financial burden from your family during this difficult time.
Brain Injury Frequently Asked Questions (FAQs)
Brain injuries are highly complex, with virtually endless possibilities in terms of symptoms and health effects. Every brain injury is different – no two TBI patients will have the same experience. That being said, there are a few frequently asked questions with general answers that could help you navigate this complicated medical field:
#1. Can Someone Recover from a Brain Injury?
Recovery depends on the situation. Most TBIs do not cause permanent damage, especially in minor injuries. Traumatic brain injuries such as concussions will heal on their own with rest. A severe TBI, however, can wreak permanent havoc on the brain, mind, and body. With therapy and rehabilitation, it can be possible to reduce the effects of a brain injury over time.
#2. What are the Main Symptoms of Brain Injury?
If you or a loved one have experienced a forceful impact to the head and experience any of the following symptoms, seek medical help immediately:
• Loss of consciousness, from a few minutes to a few hours
• Constant headache, or a headache getting worse
• Nausea and vomiting
• Convulsion or seizure
• Pupils dilating in one or both eyes
• Blood or other fluids draining from facial orifices, especially ear and nose
• Weak or numb extremities (fingers and toes)
• Loss of coordination
• Cognitive symptoms, such as confusion, agitation, slurred speech, or coma
#3. Should I Seek Medical Attention for my Head Injury?
Always see a doctor if you or a loved one has experienced an impact to the head. Your concerns, no matter how small, matter. The mildest injuries to the brain require immediate attention from a medical professional.
You should also seek assistance from a skilled, experienced attorney in San Bernardino, especially if you believe yourself to be the victim of a negligent party.
#4. Is a lawsuit worth the expense?
At Estey & Bomberger, LLP, we take all the risk for our clients. Our San Bernardino County injury attorneys work on a contingency fee basis, so our clients don’t pay us anything unless we win them monetary compensation. With something as serious as a brain injury, it is worthwhile to consider bringing a claim.
#5. How can an attorney help with my TBI case?
There are dozens of laws that may affect your case, from premises liability to workers’ compensation. Trusting an attorney with your case can optimize your odds of navigating this complex legal field and receiving maximum compensation for your damages.
Negligence and Brain Injuries
Negligence is a major contributing factor to the occurrence of brain injuries, which means oftentimes someone else is at fault. Because there are so many potential causes of brain injuries, there are numerous different forms negligence can take. To prove negligence, the victim must establish fault, such that the negligent party was not fulfilling their safety obligations, ultimately causing the victim’s injuries.
For example, a driver who swerves out of his or her lane and hits an oncoming car head-on is at fault in a negligence case, compounded by the fact that his or her blood alcohol content is higher than the legal limit. If the victim hurts his or her head on or is propelled through the windshield, he or she is likely to suffer from a severe brain injury that may affect cognitive function or cause a chronic migraine condition.
Furthermore, if the car failed to deploy its airbag, the victim in this case would be well within his or her right to pursue compensation from the motor vehicle manufacturer. There are countless other possible scenarios for negligence causing serious injuries.
Get an Experienced Brain Injury Lawyer in San Bernardino on your side!
At Estey & Bomberger, LLP, we can help you navigate the complex legal maze of seeking the compensation you deserve for your traumatic brain injury, including covering medical and other therapeutic expenses.
Contact us at our San Bernardino office to learn more about how we can help, or call to speak with a legal representative today! 909-882-2016