Traumatic brain injuries are serious conditions that can disable individuals or even cause death. The Centers for Disease Control and Prevention (CDC) reported nearly 70,000 deaths related to traumatic brain injuries (TBIs) in 2021. If you or a loved one recently sustained a TBI that resulted in personal injury, a seasoned Los Angeles brain injury attorney from Mitchell Law Corporation can aid you. Our lawyers have helped many people in the Los Angeles area recover damages following a TBI incident.
Following a workplace accident that leads to a TBI, your brain injury attorney can fight on your behalf to recoup medical bills and possible punitive damages so you can focus on recovery. Medical treatments for TBIs can be very costly. Once your TBI claim begins, we can pursue the monetary damages that you are entitled to.
A TBI can be caused by a forceful blow or jolt to the head. Traumatic brain injuries can also result from an object or projectile piercing the skull. Not all forceful blows to the head result in traumatic brain injury, though. Some instances of TBIs result in short-term loss of normal brain function, which can include cognitive impairments or loss of motor function. More severe cases can lead to disability or even death.
Medical professionals classify head injuries that result in TBIs as penetrating or non-penetrating. A penetrating TBI results from a sharp object piercing the skull. This type of TBI damages a specific part of the brain, and the symptoms will depend on which part of the brain is injured by the bullet, bone fragment, or weapon.
A non-penetrating TBI (blunt TBI or closed-head injury) results from a strong external force that causes the brain to move within the skull. Common causes of this form of injury include:
Some situations can lead to a combination of penetrating and non-penetrating TBIs. Any injury to the brain can lead to brain cell damage as well as chemical changes within the brain.
Many people associate TBIs with soldiers and professional athletes, but a TBI can happen to anyone at any age. Certain situations are more likely to cause a traumatic brain injury than others. If you experienced any of the following due to the negligence of another party, you can count on the legal services of Mitchell Law Corporation to fight for damages that can help you cover medical expenses and more. Here are common situations or factors that can lead to a TBI.
Age is a factor in falls, but any age group is susceptible to TBIs resulting from a fall. Many hospitals find that accidental falls are a leading cause of TBIs. Adults over the age of 75 are more likely to experience an unintentional fall that leads to an injury. Around one in four elderly adults experience a significant fall every year.
Injuries resulting from a slip or fall can be grounds for a premises liability claim. Wet floors, loose carpeting, or walkways that are not cleared of ice can cause dangerous conditions. When those injuries result from negligence on the part of one party, injured individuals can file claims to recoup medical bills and lost wages, among other potential monetary damages.
Second to falls, car accidents are one of the more common causes of TBIs. Speeding, violations of traffic laws, and distracted driving can lead to a car accident that leaves one or more individuals with a TBI. Although the term “accident” is usually used to describe motor vehicle collisions, the reality is that negligence on the part of one party is usually to blame.
A Los Angeles brain injury lawyer can investigate the circumstances of your accident and hold the responsible party accountable for damages and injuries. Our legal team has helped many clients win monetary damages from motor vehicle crashes, including cases that involve commercial vehicles like tractor-trailers.
Rounding out the more common causes of TBIs are assaults and falling objects. Anyone who has been the victim of a physical assault is a candidate for a personal injury claim. Even when criminal charges are brought against the assailant, you can still pursue a civil claim against the alleged attacker by hiring an experienced Los Angeles brain injury lawyer.
When an object is not properly secured, and it falls on an employee or visitor, the property owner can be held liable for medical bills, lost wages, and personal anguish resulting from that injury.
Traumatic brain injuries are generally classified as mild, moderate, or severe in nature. Of all the injuries that can lead to a personal injury claim, TBIs are often the most consequential to the victim because any damage to the brain often leads to an impaired quality of life.
Anyone who has experienced trauma to the head should seek immediate medical assistance. Symptoms do not always manifest right away. Someone may think they can just walk it off, but the brain is a complicated organ that requires specialized medical attention.
Mild TBIs are commonly known as concussions. Upwards of four million Americans experience a concussion every year. While concussions are fairly common, they should still be taken seriously because even a mild TBI can lead to temporary impairments that can make driving and other activities dangerous.
Moderate to severe TBI cases can lead to long-term health problems. Anyone who experiences this level of trauma usually requires medical care and a supervised recovery plan. Symptoms of a moderate to severe traumatic brain injury can include:
In most cases, these symptoms will slowly decrease as the brain heals. Long-term complications can lead to patients needing to take medications, sometimes as a means of addressing depression resulting from TBI symptoms. Physical therapy, psychotherapy, and pain management are also commonly required to address TBI symptoms.
A TBI is one of the most devastating types of injury that someone can sustain, so there is a potential for high settlements with these cases. Many traumatic brain injuries cause long-term physical and cognitive impairments that drastically lower the victim’s quality of life. TBIs frequently lead to long bouts of missed work and high medical bills. For these reasons, your Los Angeles personal injury lawyer can fight for the maximum compensation possible
There are never guaranteed outcomes in civil litigation, but a successful case can lead to the awarding of thousands to hundreds of thousands or more to the victim. It is not uncommon to see TBI claims award well over one million dollars to plaintiffs.
Those forms of compensation can result from a settlement or a trial. The severity of the injuries and degree of negligence on the part of the defendant are all factors that are considered when determining monetary damages. In some cases, punitive damages can be awarded in addition to damages for medical bills and lost wages. Working with an experienced attorney in Los Angeles can improve your chances of obtaining an optimal settlement.
TBI-related injuries may be confined to one part of the brain. This is known as a focal injury. If the damaged portions of the brain are more widespread, the injury may be classified as a diffuse injury. Bleeding and tearing forces that directly injure nerve fibers can cause inflammation that can, in turn, lead to further damage to the brain tissue.
One type of brain injury associated with traumatic brain injuries is known as diffuse axonal injuries (DAIs). This refers to damage to the white matter of the brain. Composed of tiny bundles of axons (the part of a nerve cell that carries electrical impulses), white matter is critical for proper brain function.
A DAI may result from trauma to the brain that tears or stretches the white matter. Common causes of DAIs include falls, sports injuries, and auto accidents. DAIs are particularly dangerous because the damage breaks down nerve cell communications. Damage from a DAI can be temporary, long-term, or permanent.
Traumatic brain injuries can also lead to hematomas. This refers to pockets of bleeding that result from a ruptured blood vessel. The type of hematoma is classified in part by the location of the bleeding.
Medical professionals generally sort the brain into three layers: outermost, middle, and inner. For example, epidural hematomas result from bleeding between the skull and the dura mater (outer layer). These types of hematomas can occur rather quickly, sometimes within minutes of the injury. Deeper hematomas are classified as subdural hematomas, while the deepest pockets of bleeding inside the brain may be classified as a subarachnoid hemorrhage.
Contusions refer to pockets or bruising that result from very small blood vessels bleeding into brain tissue. These injuries can develop near the impact site. These are known as a coup injury. If the brain is jolted, the injury can result on the opposite side of the brain (a contrecoup injury). Sometimes, coup and contrecoup lesions appear rather quickly, while other contusions may take a day or longer to develop.
Chronic traumatic encephalopathy (CTE) is a neurological disorder commonly associated with traumatic brain injuries. This progressive disorder can result in depression, loss of impulse control, or other symptoms. Boxers often develop CTE later in life. A severe blow to the head can lead to post-traumatic dementia (PTD). This disorder shares characteristics with CTE. A diagnosis of PTD may lead to an increased risk of dementia in later life.
Secondary injuries can result from the primary injury, often due to brain swelling and internal bleeding. This can expand the area of injury. Blood exposure can create toxic environments for brain cells and lead to further cell loss.
Other secondary injuries can result from a breakdown of the blood-brain barrier that protects brain cells from foreign substances. A breakdown of this barrier can lead to an inflammatory response that can further damage or kill brain cells. Inflammation can prevent blood flow to certain areas of the brain, depriving those areas of oxygen.
Other secondary forms of brain damage can include reduced blood pressure, low oxygen levels, seizures, and hydrocephalus (buildup of fluids in the brain).
Attorneys charge anywhere from $100 to $400 an hour, with some who focus on specific legal areas charging much higher rates per hour. Most attorneys are paid according to billable hours. This means that their hourly rate is charged for each minute spent researching and litigating cases. Communications with clients after the initial consultation are often subject to billable hours.
Experience matters in personal injury cases, especially complicated cases involving brain injuries. Having the right attorney could mean the difference between winning or losing a case. Even when a settlement is awarded, an experienced attorney can leverage the available evidence to find the highest settlement possible under the given circumstances. Mitchell Law Corporation has an experienced staff that collectively has many decades of professional legal experience.
Yes. If you suffered a traumatic brain injury due to the negligence of another party, then you may be entitled to monetary damages. Personal injury cases provide legal recourse for injured parties to recoup damages that result from an injury. During your consultation with one of our attorneys, we can analyze the details of your case. Our firm has helped hundreds of clients seek compensation for TBIs.
Factors that can determine monetary damages include:
In cases that involve assault and other malicious actions, you may be eligible for punitive damages in addition to other forms of compensation.
A: TBIs require some of the most expensive forms of medical treatment, and costs can easily run from the tens of thousands to over one million dollars. These injuries require the work of specialists like surgeons and neurologists, whose treatments are very expensive, even with good insurance coverage.
Due to the complexities of brain injuries, there are many other healthcare professionals who may need to provide additional services, such as physical therapy and psychotherapy. Medication costs are another expense associated with TBIs. Fortunately, an experienced Los Angeles brain injury attorney can help you recoup those expenses through civil court litigation.
A: Your case may take anywhere from a few months to a few years to resolve. Our attorneys understand that your bills and expenses cannot go unpaid forever, so we can work to resolve your case favorably and in a timely manner. Many cases are settled before they go to trial. If the other party makes an offer for settlement, we can provide counsel on the pros and cons of accepting that offer. If your case goes to trial, our attorneys have experience inside the courtroom, where a jury may ultimately decide the outcome of your case.
A: Due to the severity of many TBIs, many of our clients who file personal injury claims are unable to work for a period of time. Short-term recovery periods may be covered by PTO, but many cases may cause our clients to miss extended periods of time away from work.
Your time away from work as you recover will be one of the first considerations taken by our legal team. If you missed work due to the negligence of another party, you should not be responsible for those lost wages. We can fight to help you recoup those lost earnings, along with other damages.
A: California sets strict rules (statute of limitations) for filing civil claims. This is one reason why seeking legal counsel should be considered an urgent matter, especially if months have elapsed since the initial injury. Once the deadline is missed, the legal claim may no longer be valid.
Personal injury claims must be filed within two years of the date of the injury. If the injury was not diagnosed soon after the incident, then plaintiffs have one year from the date when the injury was first discovered. One of our attorneys can explain these deadlines in detail.
Medical expenses, missed work, and lost quality of life can make life difficult following a traumatic brain injury. The attorneys at Mitchell Law Corporation are here to help. We understand the complexities of personal injury law and have helped many clients win monetary damages from their personal injury cases.
Our legal team can work on your behalf so you can focus on your recovery. If you are facing stress from mounting medical bills, don’t wait. Contact our office today to schedule your consultation.
