In the aftermath of an accident, developing a brain injury can change someone’s life. Depending on the severity of the injury, people can lose the ability to live as they did prior to the accident. While people can go through rehab to relearn how to do certain functions, these skills may not fully return.
This, on top of negotiating with insurers, can place stress on the average person. Our brain injury lawyers at Vaziri Law LLP, is dedicated to helping people recover medical costs and restore structure during a chaotic period of life. We use our network of experts to get medical opinions, preserve critical evidence, and demand accountability from those responsible.
Key Takeaways
- Brain injuries can cause life-altering damage based on the type of brain injury.
- Brain injuries affect children differently than adults.
- Diagnosing a brain injury requires extensive medical testing.
- Having strong evidence is important to win your brain injury case.
- Our team at Vaziri Law LLP is here to help you in your time of need.
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Types of Brain Injuries
There are two types of brain injuries: acquired and traumatic.
A traumatic brain injury (TBI) results from an external force such as a vehicle accident, slip and fall, or direct blow to the head. However, it’s important to note that not all hits to the head will result in a TBI. There are two types of TBIs:
- Penetrating. These injuries happen when an object (bullet, shrapnel, or bone fragments) pierces the skull and enters the brain.
- Non-Penetrating. These manifest after an external force shakes the brain inside the skill. This is often the result of a vehicle accident, sport injury, or a slip and fall.
An acquired brain injury (ABI) develops from internal causes like a stroke, oxygen deprivation, or an infection that affects brain tissue.
How TBIs Affect the Brain
TBIs are serious injuries. According to the Centers for Disease Control and Prevention (CDC), there were 68,663 TBI-related deaths in 2023. The same data reports that there were 586 TBI-related hospitalizations and 190TBI-related deaths per day. The following are the most common TBIs and the effects they have on the brain:
- Diffuse Axonal Injury (DAI): A DAI commonly happens after a vehicle accident, slip and fall, or sports injury. This can stretch and tear nerve fibers, which affects a wide area of the brain.
- Coup-contrecoup brain injury: Unlike a DAI, a coup-contrecoup injury affects a particular spot of the brain. This happens when the head is struck in two opposite areas.
- Concussion: This is a common injury that can disrupt coordination, thinking, and other medical problems.
- Contusion: This is a bruise that develops on the brain after a significantly hard blow to the head.
- Chronic traumatic encephalopathy (CTE): Repeated TBIs can cause the development of chronic traumatic encephalopathy, which creates long-lasting problems with thinking, movement, depression, and constant mood swings.
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Brain Injury Symptoms
Symptoms of brain injury are odd. Some can manifest immediately after a hit, while others take days to develop. These symptoms aren’t always physical; they can also be mental and emotional, which makes it difficult to diagnose properly. The following are some of the symptoms that can hint at a brain injury:
- Headaches
- Loss of balance
- Fatigue
- Confusion
- Nausea
- Blurred vision
- Ringing in ears
- Seizures
- Slurred speech
- Loss of senses
- Mood changes
How to Diagnose a Brain Injury
Even if you feel fine immediately after an accident, it’s a good idea to visit a doctor to get an initial checkup. Symptoms won’t always manifest after an injury, but seeing a doctor immediately after an accident can help your doctor catch any injuries early.
- Blood test. If a blood test is done within the first 24 hours after a blow to the head, doctors can determine if someone needs a CT scan.
- CT scan. A CT scan is usually the initial test done to determine if the brain is bleeding, has any fractures, or is swollen.
- Glasgow Coma Scale (GCS). This is an initial test doctors do to determine the extent of ocular, oral, and motor capabilities after a blow to the head.
- MRI scan. If a patient continues to have symptoms and pain, an MRI scan can be used to get a more detailed look at the brain to determine the cause of continued pain.
Sometimes, brain injuries can go undetected at first, but after a few weeks, victims can report feeling “off”. If your results come back normal during your initial examination, return to your doctor and ask for more testing, after you’ve explained your symptoms.
Staying on top of your condition can help your Los Angeles traumatic brain injury lawyers make your case stronger.
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How Brain Injuries Affect Children and Teens
Children don’t always show the same symptoms as adults after a brain injury. Their still- growing brains can affect learning, focus, and/or personality. For example, children with high grades can suddenly start getting low grades. Children who were once passionate about a hobby can suddenly lose interest and withdraw from their daily habits. Getting a child to a doctor can help diagnose these changes and get the family assistance to obtain help from rehabilitation.
Common Causes of Brain Injuries
Thousands of people are affected by brain injuries after a traumatic event. The following events are some of the most common ways people can develop brain injuries.
Vehicle Accidents
Not every vehicle accident will cause brain injury. A minor crash like a door ding won’t cause any serious lingering effects. However, high-speed crashes and sudden stops can cause the brain to hit the skull.
Bicycle Accidents
Cyclists have almost no protection against moving vehicles. Unlike cars, low-speed impacts can send cyclists flying and cause severe brain injuries.
Pedestrian Accidents
Pedestrians often have nothing standing between them and the full force of a vehicle of any kind. Bikes, motorcycles, cars, and trucks all pose a devastating threat to a pedestrian’s brain.
Premises Liability Incidents
If someone falls due to defective stairs, slippery floors, or running away from a dog, they could suffer a head injury. Property owners must maintain safe environments and repair any dangers that can lead to permanent damage.
Sports Injuries
Sports injuries are the most common way people develop long-lasting brain injuries. It’s to the point where doctors take more care of athletes’ brains to monitor the development of a serious brain injury like CTE.
Falling Objects
If a heavy object falls from a high place and hits your head, it can develop into a serious head injury. Depending on the item, it could also cause additional damage like lacerations, bruising, and loss of consciousness.
Workplace Injuries
Sometimes, workplaces carry a risk of catastrophic injury. This can be caused by fallen cargo, lack of safety regulations, or simple human mistakes. If you’re injured at work, a workplace injury case can be filed.
Defective Products
Sometimes, defective products can cause brain injury. This depends on the product in question, but if a link between the product’s malfunction and your brain injury can be found, then you may have a case.
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How to Protect Yourself from a Brain Injury
There isn’t a foolproof way to protect yourself from brain injury. Sometimes, accidents happen, and you hit your head. However, it’s best to incorporate the following habits into your everyday life to mitigate the risk of a potential bump to the head:
- Pay attention to your surroundings
- Using stepladders to reach out-of-reach items
- Making sure your home is well-lit
- Removing items that can cause you to slip
- Use non-slip carpets
- Tie your shoes
- Install rails on stairs
- Strength and balance exercises to keep yourself nimble
- Walking cautiously
- Get help with heavy items
How to Document a Brain Injury
Documenting an accident is the first step to filing a successful brain injury case. Insurance companies often challenge brain injuries due to the complex nature of diagnosing a brain injury. Strengthen your chances for a successful case by collecting the following pieces of information:
- Photos. Taking photos of the accident scene can be used to show evidence of the damages and the point of impact. They can also be used to reconstruct the events that led to the incident.
- Videos. Dashcam and surveillance footage can show the actions of the involved parties leading up to the accident.
- Car/insurance information. If you find yourself in a car accident, getting the other driver’s license, insurance, and other car information can ensure a smooth process and protect yourself from legal consequences.
- Workplace report. If you’re injured at work, a report needs to be filed within 30 days of the accident. This makes your employer aware of the incident and starts an investigation into the accident.
- Documentation. In some cases, e-mails, maintenance records, and other official reports can go a long way in proving someone was aware of a problem prior to an injury and failed to address the issue before it caused an injury.
- Witness testimony. After an accident, collecting witness testimony can help verify your story to attorneys.
- Incident report. If you were injured in a public place like a store, restaurant, or office building, find a manager and file an incident report with them. This report should contain key details that led to your injury and make sure to get a copy of the report for your own records.
- Police record. If you called the police to the scene, getting a police report afterward allows attorneys to get a third-party analysis of the scene and provides evidence of time, date, location, and any anomalies with the accident in question.
- Medical records. After an accident, it’s highly recommended to go to the doctor to get an initial check up on any injuries and start a medical report. Remember, not all injuries manifest immediately after an accident, so it’s best to create a paper trail sooner rather than later.
Compensation We Help You Recover
We help you recover compensation after an injury by using your records to make a case. The following are potential costs you can be compensated for:
- Medical expenses (doctor’s visits, surgeries, medicine, rehab, therapy, etc.)
- Home renovations to accommodate changes in the body
- Lost income
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Disability
- PTSD
- Anxiety
Punitive Damages
In rare cases, you can also receive additional money from punitive damages. This is a penalty given to a negligent party, such as a drunk driver or a property owner who refused to repair the item that caused the brain injury, as a punishment for acting in a negligent manner. This is not a part of your compensation package and can be taxed. Consult a tax consultant to confirm the tax status this award if you receive it.
Rehabilitation After a Brain Injury
Rehabilitation begins once doctors stabilize the patient. Rebuilding neural pathways, preventing complications, and improving skills to promote independence are the main focuses of rehab. No one person will go through the same rehab program; it depends on the type of injury and the affected brain areas.
It’s important to follow through with your rehab program. If you fail to do rehab, insurers may use this as evidence that your injuries are not that serious and lower the compensation you can receive.
Recovery Isn’t Always 100%
After a severe brain injury, recovering to the state you were in prior to the incident is not likely. Rehab and medical treatment can stabilize you and give you new tools to navigate the world, but it cannot bring back damaged brain functions.
Just like medical treatment, there is a cap to how much you can recover in a brain injury case. Once doctors determine that medicine and therapy can no longer help you, they will say you’ve reached Maximum Medical Improvement (MMI). This is an important part of a case as it marks the end of treatment and the start of disability payments and/or finalizes the total of your medical damages.
When to Partner with a Brain Injury Lawyer in Los Angeles
Brain injury cases often require evidence to start the filing process. Once you receive confirmation of a brain injury with an official medical report, contact a brain injury lawyer in Los Angeles. It’s best to start the process within the first 48 hours after an injury; this gives attorneys an advantage in collecting witness statements, crash reports, and additional medical records before they disappear.
Partner With Us
Our team at Vaziri Law LLP is dedicated to serving our community by helping clients receive compensation after traumatic accidents. We use our legal expertise to help you navigate legal loopholes, jargon, and the filing process to get you the compensation you deserve.
Our Legal Process
When you meet with one of our lawyers, they’ll start the meeting with a conversation about the incident, followed by an investigation of the evidence you bring. Our firm reviews police reports, surveillance footage, and expert witness opinions to build a clear record of negligence.
When litigating a brain injury case, we rely on medical professionals to give us their expert opinions on the injuries and the recovery process. This helps us determine the costs of therapy and other rehabilitation programs.
Visit our results page to learn how we’ve helped people in your shoes.
Our Fees
Our team works on a contingency fee basis. We cover all upfront costs and will only collect a fee if we win your case. This fee is usually between 30 and 40 percent of your compensation. When you meet with your attorney, make sure to ask about their contingency fee before agreeing to partner with them.
Frequently Asked Questions
How Long Do I Have to File a Case?
People have two years from the date of injury to file a personal injury claim. Some exceptions exist. If symptoms appear later, as they sometimes do with brain injuries, the time period may begin when the injury was discovered.
In accidents involving children, they have until two years after they turn 18 to file a case. In cases where the government is involved, people must file a case within six months.
Are There Protections for Student Athletes?
Yes. Schools monitor student athletes for possible brain injuries. If a student is hit and experiences a concussion, they are unable to play until they recover. Schools also provide students with safety gear and promote responsible playing to avoid serious injuries in contact sports like football, soccer, and wrestling.
If Someone Cannot File a Claim Due to Severe Brain Injury, What Can They Do?
If someone is incapacitated after a brain injury, they can go into a general conservatorship. This is a legal arrangement where someone is given the legal authority to manage the personal and/or financial affairs of an adult who cannot care for themselves.
This is typically reserved for adults incapacitated due to age, illness, and/or disability.
Who Can Be a Conservator?
In a brain injury case, the courts will look towards the family and ask for a viable candidate. This potential person must be willing to undertake the responsibility of handling the victim’s needs.
Sometimes, courts can make multiple people conservators to maintain the victim’s overall well-being and manage their estate.
If Someone Passes After Sustaining a Brain Injury, What Can Be Done?
If someone passes in the midst of an investigation, their immediate family can file a wrongful death and a survival action claim. Speak to the attorney who oversaw your loved one’s case to learn how to move forward with filing your case.
What Happens If I Refuse Therapy?
If you refuse to undergo therapy for your injuries, the other party’s attorneys will use your inaction as a basis to argue that your injuries are not as severe as your attorney says. This can hurt your compensation package and your case.
Should I Take an Initial Offer?
No. Many initial offers are made before an investigation reaches its conclusion. While the other party’s insurer may reach out and offer you a settlement, that compensation may not cover future medical expenses and other potential expenses. It’s best to consult with your brain injury lawyer in Los Angeles prior to accepting any settlement offer to ensure it’s fair.
What If I Have Pre-Existing Conditions Prior to a Brain Injury?
Everyone has a different baseline. Someone with an auto-immune disease has a different baseline for illness than someone without one. Sometimes, the other party may try to argue that your current injuries are due to your pre-existing conditions and that they cannot be held liable for your enhanced damages.
However, that is incorrect. Thanks to the eggshell plaintiff rule, the defendant will be made liable for all the injuries they caused, even if your pre-existing condition enhances your pain. Brain injury cases are meant to address the effects of an accident. If an accident caused enhanced pain due to your pre-existing condition, then you will be compensated for that enhancement.
Can You Determine the Extent of a Brain Injury if Someone is in a Coma?
Not necessarily. While doctors can get an idea of the extent of someone’s injury by examining the brain, they can’t confirm their findings without the patient. This is often the reason why settling a brain injury case takes a long time compared to other cases. Attorneys are unable to close a case without knowing the full extent of the damage to their client.
What If the Person is Brain Dead?
If someone is considered brain dead, that implies that the patient has lost all brain function. Under California law, this is considered legal death and can be used to start a wrongful death case after physicians perform the various tests needed to confirm this state.
Contact Us Today!
Having an attorney at your side during this taxing process can help alleviate the stress of negotiating with other attorneys. Instead of navigating legal jargon, focus on recovery and spending time with your family while we handle getting you the compensation you deserve.
Our team focuses on small caseloads to ensure that the cases we do select are given the utmost attention. You will not be put on hold or handed off to a paralegal; you will have direct access to the attorney in charge of your case. Our expert team of lawyers have over 200 years of combined experience in handling serious injury cases across the state.
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