Traumatic Brain Injury Claims in California

Author: Mesriani Law Group
Posted on: March 27, 2020

Traumatic brain injury (TBI) is medically defined as is a non-degenerative, non-congenital injury to the brain from an external mechanical force, possibly leading to permanent or temporary impairment of cognitive, physical, and psychosocial functions, with an associated diminished or altered state of consciousness.

Personal injuries as a result of accidents, such as a slip and fall or a motor vehicle accident, may result in traumatic brain injury (TBI). TBIs require serious medical evaluations and treatments, and the cost can easily exceed hundreds of thousands of dollars in current and future medical care and lost wages. The highest risk for TBI is in: children, young adults, adults age 60 and older, and males in any age group. If TBI was caused as a result of someone else’s negligence, you have a legal right to compensation. If you or someone you love has suffered from a TBI in the last two years you have the right to file damages against the party at fault as per California Code of Civil Procedure section 335.1. The skilled brain injury lawyers at Mesriani Law Group have extensive experience helping families obtain justice in such circumstances.

Types of TBI

Concussion: A concussion, is the most common type of brain injury. It is usually caused  by a sudden blow to the head, which causes the brain to accelerate in the direction of the applied force and essentially shake. Concussions range from mild to severe.

Coup – Countrecoup Brain Injury:  A coup – countrecoup brain injury occurs after  significant impact to the brain that causes the brain or skull to slam into the opposite side of the site of impact. The result is damage at the impact site, as well as on the opposite side of the brain. Any injury can cause a coup – contrecoup brain injury, these incidents are often violent, producing immediate symptoms. Serious car accidents, direct injuries to the head, forceful falls, and acts of violence are particularly common causes of these types of injuries.

Brain Contusion:  Brain contusions, or bruises, are similar to concussions; and often  occur in conjunction with them. If a brain contusion does not stop bleeding on its own, it may need to be surgically removed. The extent of damage associated with a brain  contusion depends on the size of the bleed, the length of time it lasts, the effects of  surgery, and the location of the injury.

Diffuse Axonal Injury (DAI): A diffuse axonal injury (DAI) results from the brain  moving so violently that the brain stem cannot keep up causing tears in the connections of the brain. These tears can be microscopic or large enough to be fatal.  The severity of symptoms depends on the brain areas affected, the size of the tears,  and whether any other injuries—such as a contusion or concussion—were also  sustained.

Second Impact Syndrome: Sometimes called a recurrent traumatic brain injury,  second impact syndrome is simply injury to the brain that occurs while still recovering from a TBI. A second impact is more likely to cause severe brain damage than a first. The severity depends on the location of the injury, the intensity of the first injury, and the degree of trauma sustained.

Penetrating Injury: A penetrating injury occurs when an object penetrates the skull and brain. These injuries cause severe bleeding, blood clots, disrupted oxygen  supply to various brain regions, and may be fatal. People who survive penetrating injuries may need repeated brain surgeries, high doses of antibiotics, and an assortment of  therapies designed to restore function. Ultimately, the degree of disability and the prognosis depend on the location of the injury, its severity, whether there was a brain  bleed, and similar factors.

Symptoms of TBI 

As stated above TBI can have wide-ranging physical, social, and psychological effects. Signs and symptoms vary based on the severity of injury and may not all appear at once. Many patients experience symptoms over the course of several weeks.

Signs and symptoms of a MILD TBI may include

Physical Symptoms

  • Loss of consciousness at time of injury or no loss of consciousness but a loss of orientation and confusion
  • Coma
  • Headache
  • Nausea or vomiting
  • Fatigue or drowsiness
  • Problems with speech, such as slurring
  • Agitated or combative behavior

Sensory Symptoms

  • Blurred vision
  • Ringing in the ears
  • A persistent bad taste in the mouth
  • Changes in the ability to or sense of smell
  • Sensitivity to light or sound

Moderate to severe TBI may include any of the signs and symptoms of mild injury, as well as the following

  • Persistent headache that worsens and interferes with daily activities
  • Convulsions or seizures
  • Dilation of one or both pupils of the eyes
  • Clear fluid draining from the nose or ears
  • Weakness or numbness in the extremities
  • Loss of coordination

Children’s Symptoms

 Infants and young children with brain injuries might not be able to communicate their symptoms. You may observe changes in eating or nursing habits, persistent crying and inability be consoled, change in ability to focus, change in sleep habits, and seizures.

If you suspect a TBI

If you have been treated by medical professionals for a TBI, and suspect that your injury was due to someone else’s negligence you may be entitled to claim damages. Your medical care and health are the first priority, and no claims can be filed until you have received adequate medical treatment.

However, knowing that you have the right to seek damages is not the same as automatically obtaining compensation for property damage, bodily injury, and other losses. Insurance companies and large defense law firms have years of experience at fighting claims. You are best represented when you find your own expert brain injury attorney from the Mesriani Law Group in Los Angeles. We have decades of experience and a proven history of obtaining the maximum compensation for our clients. In fact, we have already obtained hundreds of millions in cash settlements and damages.