Getting into an accident is a traumatic experience, but the aftermath is often the most challenging part. Especially if someone suffered a brain injury that left them unable to speak or walk.
Brain injuries are tricky in the sense that the same brain injury will rarely affect people in the same way. Some people will have complications for a few weeks, others for a few months, and a select group for the rest of their lives. Partnering with a brain injury lawyer in Santa Ana can be a helpful first step on the road to recovery.
Our lawyers at Vaziri Law, LLP, are a dedicated team who can help you understand which tests you need to diagnose your brain injury, prepare for brain injury rehabilitation, and get you the help you need to start filing your claim. We’ve successfully handled dozens of brain injury cases and helped victims claim compensation throughout Santa Ana.
What’s a Brain Injury?
A brain injury refers to the damaging of brain cells causing harm to brain function. This can happen after an external force to the head during an accident or due to internal trauma via a stroke. Brain injuries are often categorized into two broad categories: acquired brain injuries (ABI) and traumatic brain injuries (TBI).
ABIs develop from internal issues like a lack of oxygen to the brain or infections. These brain injuries do not qualify as part of a personal injury case.
TBIs can develop after an external force shakes the brain and/or the cranium. These injuries are what a brain injury attorney will look for when determining the extent of a client’s injuries after an accident.
There are two ways medical experts categorize TBIs, penetrating and non-penetrating.
- Penetrating TBI. A brain injury is classified as a penetrating TBI when there is a foreign object lodged in the brain. This can be the result of a gunshot, debris, or an injury that caused pieces of the skull to lodge themselves into the brain.
- Non-Penetrating TBI. This brain injury is caused when a strong force rattles the brain, such as a poorly timed fall or a car accident. These injuries do not typically cause physical damage like a penetrating TBI, but it can lead to changes to someone’s cognitive capabilities.
Call our personal
injury lawyers today
Are TBIs Serious?
If not treated, TBIs can lead to serious injury or death. According to the CDC, around 61,000 people died from TBIs in 2025. In other cases, they can lead to serious neurodegenerative ailments like chronic traumatic encephalopathy (CTE), concussions, comas, and long-term complications like seizures.
How to Avoid TBI
We can’t prevent all accidents. However, there are things people can do to prevent the severity of TBIs in unexpected collisions.
Wear a Seatbelt
Not wearing a seatbelt is illegal in most states, and there’s a good reason why that is. According to the National Highway Traffic Safety Association (NHTSA), wearing a seat belt at the time of a car accident can reduce the risk of a fatal injury by 45% and moderate to severe injury by 50%. In a truck accident, these numbers increase to 60% and 65% respectively.
Wear a Helmet
Contact sport athletes are at the highest risk of TBIs. However, abiding by safety guidelines can help avoid some damage. According to American College of Surgeons, helmets reduce the risk of head injury by 48%, traumatic brain injury by 53%, facial injury by 23%, and fatal injury by 34% in bicyclists. According to the NHTSA, motorcycle helmets reduce rider fatalities by 22 to 42% and brain injuries by 41 to 69%.
Safety Measures in the Home
Sometimes, TBIs can happen in the home. People slip in the tub, or heavy items can fall and hit someone right on the head. To lessen the chances of these events, it’s recommended to be vigilant of overstuffed cabinets, use an anti-slip mat in the tub, install handlebars in the shower or near the stairs to give people something to hold on to. This also includes baby-proofing a home if there are small children within it.
Safety Measures at Work
At work, employers and employees are expected to follow safety guidelines. These guidelines vary from workplace to workplace. However, employers are expected to provide their employees with safety equipment, proper signage, and ensure that the people operating certain machinery are trained and licensed to do so. Employees are expected to abide by these safety guidelines to help minimize the chances of an accident occurring.
personal injury lawyer
get a free consultation
How to Prove You’ve Suffered a Brain Injury
After an accident, it’s highly recommended to visit a doctor for an initial screening. Sometimes, a brain injury won’t appear within the first 24 hours, but it’s important to establish a timeline of events. This makes it difficult for the other party’s attorney and insurers to cast doubt over a claim.
- Collect evidence at the scene. Photos, videos, insurance information, and/or vehicle information should be collected immediately after an accident. This establishes that an accident took place.
- Collect an official report. If the police are called to the scene, they will make and submit their own report with observations and official time stamps. Make sure to get a copy of this report to have an official record to show an attorney.
- Gather witness testimony. If there are witnesses at the scene, ask if they’d be a witness for you. If yes, ask for their contact information and forward it to your attorney.
- Get neurological testing. After an accident, a doctor will perform a set of neurological tests to see how the brain responds. They can use the Glasgow Coma Scale and/or a CT scan to determine the initial effects.
- Collect receipts. Make sure to get a copy of any receipts, medical test results, or additional spending relating to the accident.
- Contact a brain injury attorney. Once you’ve collected your evidence, meet with a brain injury attorney to discuss the next steps in a case.
What Does Recovery and Brain Injury Rehabilitation Look Like?
Recovery is different for everybody. Some people have an easier time than others based on the severity of the injury, age, location in the brain, and the speed of medical intervention. Others have a much more difficult time due to lack of support, resources, and any pre-existing health conditions. However, the most important part of recovering from a brain injury is neuroplasticity.
Neuroplasticity
After a brain injury, people can lose the ability to do certain things. To regain some semblance of that action, people use neuroplasticity, or the brain’s ability to reorganize and rewire neural connections, to relearn skills. However, they may not always be relearned to the level prior to the accident.
This ability helps people relearn to walk, grip items, speak, write, read, and other skills we have developed over the course of daily life.
Therapy
Depending on the extent of the injury, people will need to undergo some form of therapy to reinforce the new pathways being built. Common forms of therapy after a brain injury include:
- Occupational therapy
- Speech-language therapy
- Physical therapy
- Cognitive rehabilitation
- Neuropsychological intervention
- Pharmacological support
FAQ
How Long Do I Have to File a Case?
Two years is the amount of time someone has to file a brain injury case. This can be reduced to six months if a government vehicle was involved.
How Much Can I Get from a Case?
The settlement depends on the evidence provided by all the parties involved in the accident in question.
Should I Take Responsibility for an Accident?
That is not recommended. When determining fault in a brain injury case, California attorneys defer to comparative negligence laws. This law states that everyone involved in an accident holds some fault, and we use evidence to determine the split between all the parties.
How Will I Be Compensated in a Brain Injury Case?
A brain injury lawyer in Santa Ana will use your medical records and consider your recovery process to assess the extent of your damages. They will present this information and negotiate on your behalf for a compensation package that will cover any future medical costs you may have, your ongoing recovery, and even the emotional pain and mental toll that navigating this injury type brings.
How Long Will a Case Take?
That depends on the severity of the injuries, the accident, and how the attorneys negotiate. Some cases take around 6 months, while more complicated ones take over a year.
How Much is a Brain Injury Lawyer?
Brain injury lawyers are a subset of personal injury lawyers. As such, they work under a contingency fee. This means that a lawyer will take your case, and if they win, they will take a percentage of the winnings.
This percentage often falls between 30 and 40 percent. Confirm the exact number with your brain injury lawyer in Santa Ana before partnering with them.
Can a Brain Injury Lawyer Help Me Get Diagnosed?
Yes. Our team at Vaziri Law has access to a team of brain injury experts that we can put you in contact with to assess the extent of your injuries.
My Loved One Cannot File a Case, Can I File Instead?
If your loved one cannot file a case due to being incapacitated, an immediate family member may file a case in their stead. Potential candidates include spouses, parents, and adult children. However, the court may assign a guardian depending on individual circumstances. Speak to an attorney to learn more about this process.
My Loved One Passed Due to a Brain Injury. What Can I Do?
If your loved one passed due to a brain injury after an accident, the family can file a wrongful death suit. It’s recommended that all eligible family members file together to avoid confusion.
What If I Never Recover Fully from My Injuries?
Sometimes, the body will never return to how it was once was prior to an accident. This is where Maximum Medical Improvement (MMI) comes in. Reaching MMI is often the first step into determining how an injury will affect you for the rest of your life and starts the process of getting you permanent disability benefits and/or finalizing your settlement.
Partner with a Brain Injury Lawyer in Santa Ana Today!
At Vaziri Law, LLP, we know that recovering from a brain injury can be consuming. It takes a village to help someone back up from a traumatic event like that. Our team of dedicated lawyers have over 200 years of combined experience and will be happy to lend a hand during these difficult times. Contact us today to schedule a consultation!
