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Stockton Brain Injury Lawyer


Few accident-related injuries have the same physical, emotional, and financial impact as a mild, moderate, or severe traumatic brain injury. When trauma to the head is caused by the negligent, reckless, or intentional conduct of an individual, government entity, or business, the injured party has a legal right to financial compensation. Whether head trauma results from a car accident, tractor-trailer collision, construction accident, or a slip and fall, the consequences of a TBI can include permanent disability from employment and limitations on your ability to care for your family.

If you or a loved one suffers a traumatic brain injury (TBI) caused by negligent conduct, your TBI could adversely impact your mobility, cognitive functioning, and sensation. Because of the long-term consequences of a mild, moderate, or severe TBI, you need a skilled legal representative to recover maximum compensation on your behalf. The Stockton TBI attorneys at AutoAccident.com have a track record of success, extensive experience, and compassion toward those who have suffered head trauma due to negligence. Call us anytime to set up a free consultation at (209) 227-1931.

Common Types of TBI

If your brain is damaged when you experience a head injury, this is a “traumatic brain injury.” Generally, there are two significant categories of traumatic brain injury:

  • Open (Penetrating) Head Injury: This type of injury occurs when an object penetrates the skull and enters the brain. Skull fractures that cause a piece of the skull bone to penetrate the brain constitute the most common open-head injury. Open head injuries frequently are caused by motor vehicle accidents or falling accidents.
  • Closed Head Injury: With this type of head injury, there is no actual skull penetration. The injury occurs when a sudden, violent motion causes the brain to impact the hard interior of the skull. Car accidents are common causes of head injuries and often occur when a vehicle occupant’s head strikes the steering wheel, windshield, or airbag. Typical forms of closed head injuries include focal traumatic injury, meaning the trauma occurs in one area, and diffuse axonal injury, where tissues and cells of the brain are affected.

Damage to the brain that results from a head injury can take several forms:

  • Tearing of the Brain: Small tears occur when the brain is injured. The tears are microscopic and typically unobservable in an MRI or CT scan.
  • Bruising (Bleeding): When the brain is injured, blood vessels can tear. This causes blood to pool within the brain and exact pressure on brain tissue. This pressure can cause the affected brain tissue to die off, impairing the brain’s functioning.
  • Cerebral Edema (Brain Swelling): When the body recognizes that the brain has been injured, extra blood will be routed to the brain to facilitate healing, which causes swelling. Since there is limited space within the skull, this swelling also inflicts pressure that can damage areas of the brain. These damaged areas of the brain might cease functioning.

The video below provides a brief overview of traumatic brain injuries and types of therapy for TBIs.

Top Causes of Traumatic Brain Injuries

Many causes of TBIs might arise from negligent or intentional conduct. This type of injury can happen during a traumatic event, such as a motor vehicle accident or a slip and fall. A series of repetitive concussions can also cause a TBI. Repeated trauma to the head that causes TBI have been recently linked to sport injury accidents from football and boxing. The Centers for Disease Control and Prevention(CDC) indicate the most common causes of a TBI include:

  • Falls – 5 percent
  • Motor Vehicle Accidents – 3 percent
  • Struck by/Struck Against – 5 percent
  • Unknown Cause – 19 percent
  • Assaults – 10 percent

What Types of Accidents Cause TBIs?

Beyond these general statistics, many types of negligent conduct can cause accidents resulting in TBIs. Negligence that contributes to many accident-related head trauma includes the following:

  • Defective airbag deployment
  • Distracted driving
  • Alcohol or drug-impaired driving
  • Violating traffic safety laws (e.g., ignoring the right of way rules, tailgating, unsafe lane changes, etc.)
  • Falls from scaffoldings or ladders on construction jobs
  • Failure to wear a helmet while riding a bicycle or motorcycle
  • Medical malpractice during childbirth (e.g., birth injuries, cerebral palsy)
  • Improper safety practices during sports activities
  • Anesthesiology errors during surgical procedures
  • Physical attacks due to negligent security
  • Fatigued truck drivers
  • Rollover accidents
  • Vehicle ejections
  • Improper safety practices in nursing homes
  • Defective products

Who Can Be Held Liable for a Traumatic Brain Injury from an Accident?

These are a few examples of conduct that can contribute to severe brain injury. An experienced traumatic brain injury attorney in Stockton can help hold an individual, government entity, or company financially accountable for a TBI when there is a failure to exercise reasonable care to prevent causing foreseeable harm. In some cases, the inability of the victim to undertake reasonable safety precautions like wearing a seat belt or helmet can reduce the recovery in a personal injury lawsuit.

Prevalence of Trauma to the Brain

According to the CDC, although most people do not anticipate being involved in an accident that causes a brain injury, TBIs constitute a significant cause of disability and account for thirty percent of all injury-related deaths in the United States. Approximately 138 people throughout the nation suffer fatal brain injuries daily. TBIs play a role in about 50,000 deaths, 280,000 hospitalizations, and 2.2 million emergency room visits annually. Further, the prevalence of this type of debilitating injury appears to be on the rise because TBI-related emergency room visits increased by seventy percent, and hospitalizations rose by eleven percent over a recent ten-year period.

Tragically, severe head injuries impact the most vulnerable populations, such as children and the elderly. The age group most likely to suffer a TBI is adults over 65. Falls are the most common cause of fatal traumatic brain injuries among seniors. Motor vehicle collisions were the most common cause of death for people ages 5-24.

What are the Costs of a Severe TBI?

While insurance claims and lawsuits might not be your first concern if you or a loved one experiences a severe head injury caused by an intoxicated driver, the staggering cost associated with TBIs can be financially devastating. According to the CDC, the average lifetime cost of a TBI has been estimated to range between $85,000 and $3 million. At our law firm, our team of traumatic brain injury attorneys serving Stockton clients are prepared to investigate the facts of your situation, gather evidence, and seek full recovery. This will allow you the time to focus on receiving the medical treatment you need and rebuilding your life after the crash.

If you need immediate help, counseling, or brain injury support, San Joaquin Delta College Disabled Support program may be of assistance. They are located at 5151 Pacific Avenue in Stockton, California. Their telephone number is 209-954-5330.

Stockton Traumatic Brain Injury FAQ

What should you not do while recovering from a brain injury?

Avoid physically demanding activities, like heavy housecleaning and weightlifting, or activities that require a lot of concentration, such as balancing a checkbook. They can make your symptoms worse and slow your recovery. Avoid activities that could lead to another concussion, such as recreational or contact sports. Do not drink alcohol until your doctor gives you the green light. Alcohol may slow your recovery and put you at risk of further injury.

How much will someone recover from a traumatic brain injury?

Since no two brain injuries are alike, recovery outcomes are different for each person. The degree of recovery depends on several factors, such as the severity of the injury, where the brain was injured, and the quality of rehabilitative programs. Recovery can only be measured on a case-by-case basis. The return of functional skills may continue for years following an injury. Therefore, there isn’t an accurate way to know how long recovery will take or what degree.

Call a Stockton TBI Attorney to Discuss Your Case

If an accident left you with severe head trauma, our traumatic brain injury lawyers serving Stockton, California, can help you obtain maximum compensation in your TBI case. To learn more, call our law firm at (209) 227-1931 or (800) 404-5400 now for free, friendly case advice.

Editor’s Note: updated 12.6.23 Image by Pete Linforth from Pixabay  [cs 1446]