What are Traumatic Brain Injuries?

Traumatic brain injuries include a range of injuries from a minor concussion to a long-term coma. Specifically, there are two kinds of TBIs. First, there are penetrating or open TBIs where objects pierces through the brain tissue. Second, there is non-penetrating or closed TBIs where external force or impact leads to sudden movement and damage within the skull.

brain injury

What are some common symptoms?

It is important to note that some symptoms may not arise until days or weeks after the initial incident. Some of the common symptoms include, but are not limited to

  • Persistent dizziness, fatigue, and headache
  • Loss of consciousness
  • Convulsions or seizure
  • Slurred speech
  • Changes in vision
  • Clear fluids leaking from the nose or ears
  • Hypersensitivity to sound and light
  • Memory loss

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What are some common causes of Traumatic Brain Injuries in Irvine, CA?

Some common causes of TBIs includes, but is not limited to

  • Falls: Falls are one of the main causes of TBIs. Impact from high heights or even with obstacles such as ladders can be a hazard, especially when you fall headfirst
  • Violence: Violent assaults, domestic violence, or street fights can lead to traumatic brain injuries
  • Sports Injuries: Many contact sports such as football and hockey poses a heavy risk for participants. When colliding with balls or other players, it can lead to sever brain damage
  • Motor vehicle accident: Collisions from motor vehicles, whether as a pedestrian or another driver, can pose a significant risk to one’s safety. Specifically, car accidents are the second leading cause of traumatic brain injuries
  • Medical malpractice: traumatic brain injuries can be a result of medical malpractice. Specifically, the misuse or error in anesthesia or surgery can lead to irreversible damage to the brain

How do you determine who is negligent?

If the traumatic brain injury was due to a reckless or careless act of the defendant, they may be liable if they meet the following criteria

  • The defendant was negligent based on the carelessness
  • The defendant’s negligence was the cause of the plaintiff’s injury

California follows “pure comparative negligence,” meaning that the plaintiff can file for compensation for damages that they were not liable for. Under the pure comparative negligence rule, the court will be able to determine how much compensation you are entitled to based on your own percentage of fault. The court reduces plaintiff’s recovery based on his/her own percentage fault.

What are some important dates and timeline for a traumatic brain injury lawsuit in Irvine, CA?

In California, the statute of limitations details until when the lawsuit can be filled. For instance, under California Code of Civil Procedure section 335.1, there is a two year deadline for compensation for injury or death due to traumatic brain injury.

There are some expectations if the lawsuit is filled for medical malpractice. Specifically, there is a one-year statute of limitations for brain injuries from medical malpractice. Additionally, a case against a government entity has to be filed within six months of the injury. The government will then have 45 days to approve or deny the claim. If denied, a lawsuit can be filed within six months of the denial of claim. If the government does not approve or deny the claim (i.e., does not respond to the claim at all), a lawsuit can be filed within the standard two years under statute of limitations.

What damages are covered under traumatic brain injuries in Irvine, CA?

Unfortunately, traumatic brain injuries can be life-threatening. Common damages that you may have suffered from includes, but are not limited to

  • Medical bills: Medical treatment can be expensive and often times are not one-time treatments. As a result, compensation can include both past and future medical treatment. Medical treatments also can mean rehabilitation, equipment, and medication.
  • Expenses: If there were costs that were out of pocket, it can be included for compensation
    1. While it can be unfortunate, some victims will not survive their injuries. As a result, expenses for burials and funerals can be filed.
  • Emotional and psychological distress: There can be emotional and psychological pain/suffering due to the injury. Compensation can include these damages for the pain and suffering that was experienced from the injury and post-injury. Furthermore, some injuries can have lasting impacts, such as a permanent scar or losing the ability to walk, which can be hard to recover emotionally.
  • Loss of wages or earnings: injuries can prevent an individual from working, thus losing their main sources of income or wage.
  • Loss of Consortium: This can include one’s ability to have children or depravation of relations due to injury

Evidence that can be collected and used

There are several pieces of information that can be helpful to the case. For instance, it is important for the individuals involved to call the police for an accident report. This allows a physical and official record of the accident that proves the incident took place. Additionally, this can confirm that the injuries were from the recorded accident.

Furthermore, it is helpful to take pictures of your injuries, the scene of the accident, as well as any other damages that are relevant. Within those picture, include a copy of contact and information of parties involved. Contact information can be vital to reach out to eyewitnesses as they can confirm any claims you made about the accident and injuries.

Additionally, even if there were only minor injuries, it is important to visit a doctor to have a medical evaluation. The doctor can determine any injuries that are present and caused by the accident and can record what treatments are required.

What should I do if I have suffered from traumatic brain injury in Irvine, CA?

If you are in need of medical assistance, seek immediate medical attention. If you are able to collect any evidence at the scene of the injury, take as many photos/videos and physical evidence as detailed above.

Be sure to report the incident to the police or public agency in charge so that they can file an incident report. You can also request security footage that captured the incident and the surrounding areas.

We highly recommend that you contact Alipour Law Group for expert legal assistance at https://asl.law/ before signing documents or making any statements. Our lawyers are ready to assist you with everything you need.

How Can We Help?

While seeking immediate medical attention should be your first priority, it is essential that you seek legal advise too. If you have suffered Traumatic Brian injuries it should not be your responsibility to pay for your medical costs. We understand the extent of pressure that our clients experience after a Traumatic Brain injury. Our experienced Irvine personal injury attorneys can help you recover your past and future medical costs, lost earning from your job, emotional distress, pain and suffering, and in some cases punitive damages to punish the responsible person, while you focus on recovering your health.


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