Traumatic brain injury (TBI) is a leading cause of disability and death in the United States. According to TBI statistics by the CDC (Centers for Disease Control and Prevention), about 1.7 million people suffer trauma to the brain each year. TBI patients and their families often face many challenges following these injuries. They may experience mounting medical bills, lost time at work, and debilitating long-term consequences.

If you sustained a traumatic brain injury in an accident, you might have compensation available to pay for medical bills and other expenses. A skilled attorney in Escalon can help you with your TBI case. Contact our law firm at (209) 227-1931 or (800) 404-5400 for free, friendly advice.

Our attorneys have decades of experience handling traumatic brain injury cases and seeking justice on behalf of people like you. Thanks to our knowledge, skills, and resources, we know what it takes to recover fair compensation in TBI cases. On top of that, our brain injury attorneys in Escalon know that TBI patients and their families often struggle financially and emotionally in these situations. Through a compassionate approach, our legal team can help alleviate some of the burdens of suffering such trauma.

As explained by the National Institute of Neurological Disorders and Stroke (NINDS), a traumatic brain injury occurs when blunt force trauma to the head causes damage to the brain. Some of the potential signs and symptoms of a TBI may include the following:

• Brief loss of consciousness
• Changes in personality or mood
• Difficulty speaking, walking, or waking up
• Drainage of fluids from the nose or ears
• Numbness or weakness in the legs or arms
• Repeated nausea or vomiting

A head injury is severe and has the potential to result in lasting effects. The mood of a TBI patient may change, making them feel sensitive, anxious, or angry. The ability to focus and think may be affected, as well as memory retention. If you have suffered a blow to the head in a catastrophic accident in Escalon, CA, always seek medical attention immediately.

When an individual seeks medical care for a TBI, the patient is generally assessed on the Glasgow Coma Scale (GCS). This scale describes a patient’s level of consciousness following head trauma. This standard scoring system helps medical professionals determine the severity of brain damage. The GCS is responsible for measuring these functions:

• Eye Opening: The GCS scale ranges from one (where the TBI patient will not open their eyes) to four (the spontaneous opening of the eyes).
• Verbal Response: Number one on the verbal response scale means that the TBI patient is not verbal, whereas number five implies the patient’s responses are oriented.
• Motor Responsiveness: The motor response scale has six numbers. A six, the highest on the GCS, means that the patient provides an appropriate motor response to commands, and a one on the GCS means there is no motor responsiveness.

The lower the score on the Glasgow Coma Scale, the more severe the TBI. Watch the video below for a brief overview of traumatic brain injuries and potential treatment options.

If a TBI suffered in a catastrophic accident caused by someone else’s negligence, personal injury laws in California allow injured parties to seek compensation for damages incurred. Injured individuals may seek compensatory damages for medical expenses, lost wages, and pain and suffering by bringing a third-party claim with the insurance company representing the at-fault party.

When the person responsible for the Escalon accident has little to no insurance to cover TBI-related losses, the claimant may seek recovery through their insurance policy if they have uninsured and underinsured motorist coverage (UM and UIM). However, those hurt in California may turn to a skilled Escalon brain injury lawyer for assistance by bringing a claim or filing a lawsuit against the at-fault party on their behalf.

Following are some of the personal injury laws in California that may affect a TBI claim:

• Proving a TBI Case: For a successful outcome to a traumatic brain injury suit, negligence must be demonstrated by the at-fault party. The elements of negligence are established in a brain injury lawsuit by proving that the negligent individual owed a duty of care to the claimant, there was a breach in that duty of care owed to the TBI patient, and this breach resulted in the catastrophic accident that caused the traumatic brain injury. Damages were suffered because of brain damage.
• Types of Traumatic Brain Injury Damages: In a TBI lawsuit, economic and non-economic damages may be sought. Economic damages represent financial losses, including past and future medical expenses, lost wages, loss of future earning potential, and out-of-pocket costs related to the TBI, such as travel to and from the doctor’s office. Non-economic damages are considered intangible harms, including loss of consortium, quality of life, and pain and suffering.
• Statute of Limitations: In a traumatic brain injury case, the statute of limitations for filing a lawsuit is two years from the accident date. If that time passes before a lawsuit is filed, the court may dismiss the case for failing to meet the deadline, and the TBI patient may lose the legal right to compensation for their losses.
• Comparative Fault: California follows a system of comparative negligence for TBI cases. This means that a TBI patient may still seek compensatory damages from the at-fault party even if they were partially at fault for the accident that caused the traumatic brain injury. However, any award obtained through the TBI lawsuit may be reduced by the percentage of negligence assigned to the claimant. For instance, if an injured party was 20 percent responsible for the catastrophic accident that caused brain damage, the court may reduce their compensation award by 20 percent.

If you or a family member has sustained a TBI in the Escalon area, you may be entitled to financial compensation for your injury and the damages incurred. That said, traumatic brain injury cases are often challenging, especially when dealing with complex insurance companies looking to protect their bottom line. You need an experienced Escalon, CA, traumatic brain injury attorney on your side who has the skills and resources your case needs.

Our law firm’s injury lawyers leverage all necessary resources when seeking justice and compensation through a TBI case. That may involve working with medical professionals who can assess your traumatic brain injury and determine the link between the TBI and the factors in the accident that caused it. We may also retain medical professionals who can provide expert witness testimony during litigation. We also work with economists to give a fair assessment of past and current damages and project future losses.

To discuss your TBI case with an experienced attorney, contact our law firm today to schedule a free consultation. If we take on your traumatic brain injury case, we will handle it under a contingency fee arrangement. Our legal team will not charge attorney fees unless we recover fair compensation on your behalf.

^{Editor’s Note: updated 11.7.23 Photograph Credit: Image by Raman Oza from Pixabay ds [cs 1222]}