A brain injury is one of the most severe and life-altering injuries a person can experience. It occurs when the brain is injured by an external force, such as a head blow or penetrating injury. According to data from CDC, there were nearly 70,000 deaths nationwide relating to brain injuries in 2021.
For those dealing with a brain injury in San Pablo, it’s crucial to have experienced legal support. Brain injuries not only cause physical trauma but also psychological and emotional suffering. When these injuries result from someone else’s negligence, turn to the experienced San Pablo personal injury team at the Law Office of Nikolaus W. Reed. Our team is well-equipped to guide you through this challenging period.
Contact us today to set up a free consultation and learn more about how we can assist you.
What Can Cause Brain Injuries in San Pablo?
Given the delicate nature of the brain and skull, almost any sudden impact or contact can result in a brain injury. Consequently, there are various scenarios in which these injuries can occur. Generally, brain injuries stem from the following situations:
- Slip and falls – Brain injuries can happen when a fall leads to the head striking a hard surface or when the head and brain experience jolting within the skull. This can result in damage to brain tissue, blood vessels, or the skull itself. Factors like the height of the fall and the surface of impact influence the brain injury’s severity.
- Colliding with objects – Another common cause of brain injuries is when a person is struck by an object or collides with one. This can create a whiplash effect in some instances, leading to a brain injury. In other cases, objects may penetrate the skull.
- Car accidents – Car accidents are a frequent cause of brain injuries. The impact of a collision alone can be sufficient to cause a brain injury. Additionally, car accidents can induce a whiplash effect. Brain injuries may also occur due to oxygen deprivation to the brain resulting from neck or chest injuries, as well as from factors like brain bleeding or swelling.
Traumatic Brain Injuries (TBIs)
The reality is that any brain injury or head trauma carries the potential for developing into a traumatic brain injury (brain injury). Due to the nature of brain injurys, there are no quick fixes. Discovering the full extent of a brain injury can be challenging, as brain injurys often lead to significant and long-lasting consequences for the individual. Furthermore, diagnosing and treating a brain injury is neither swift nor straightforward.
While there is a wide range of brain injurys, some of the most common types include:
- Brain swelling (edemas)
- Blood clotting inside the brain (hematomas)
- Brain hemorrhages
- Skull fractures
When diagnosed with a brain injury or brain injury, it’s crucial to be completely honest about any contributing factors. One of the most challenging aspects of these injuries is that their symptoms can have far-reaching implications, worsening over time for you and your loved ones.
Understanding the Consequences of a San Pablo Brain Injury
One of the most difficult aspects of a brain injury is the potential consequences. Even worse, these consequences can vary from case to case, as everyone responds to these injuries differently. Generally speaking, though, the potential consequences of any brain injury is profound and can include:
- Physical effects – Brain injuries can result in a wide range of physical effects, depending on their severity. These may include impaired motor function, difficulty with balance and coordination, and sensory disturbances.
- Cognitive challenges – Brain injuries can affect cognitive functions such as memory, attention, problem-solving, and language skills. Individuals may experience difficulties in everyday tasks and decision-making.
- Emotional and behavioral changes – Brain injuries can lead to emotional and behavioral changes, including mood swings, irritability, depression, and anxiety. These unfortunately can impact your personal relationships and overall well-being.
- Functional limitations – Depending on the extent of the injury, individuals may face limitations in their ability to perform daily activities, work, or pursue their hobbies and interests.
- Medical costs – The financial burden of a brain injury can be substantial. It includes medical expenses for diagnosis, treatment, rehabilitation, and ongoing care. Additionally, there may be costs related to adaptive equipment and modifications to the living environment.
- Loss of income – Many individuals with brain injuries are unable to work temporarily or permanently, resulting in a loss of income. This can create financial stress for the individual and their family.
- Quality of life – Brain injuries can significantly impact an individual’s quality of life. The challenges they face may affect their independence, relationships, and overall life satisfaction.
Dealing with a brain injury is challenging on its own, and navigating the complexities of medical and insurance processes can make it feel overwhelming. However, with the right treatment plan and the support of my team, it can make the process a bit easier.
Who is Liable For a Brain Injury in San Pablo?
While a brain injury is unique in terms of its potential consequences, it’s ultimately like any other injury in terms of determining liability. Whether your brain injury occurred in a car accident, slip-and-fall, or some other accident caused by someone’s negligence, the responsibility falls on whoever caused the accident.
That said, there are a number of different parties that could be potentially liable in an accident that causes a brain injury:
- Employers – If the brain injury occurred in the workplace due to unsafe conditions or inadequate safety measures, the employer may be liable. Workers’ compensation claims can also come into play in workplace-related brain injuries.
- Property owners or tenants – In cases of slip and fall accidents or accidents on someone else’s property, the property owner or occupier may be liable if they failed to maintain safe conditions and prevent hazards that led to the injury.
- Drivers – In car accidents or accidents involving motor vehicles, the driver at fault may be liable for causing the accident and resulting brain injuries.
- Medical personnel – Brain injuries can occur due to medical malpractice, such as surgical errors, misdiagnoses, or medication errors. In such cases, healthcare providers or medical institutions may be held liable.
- Product manufacturer or distributors – Brain injuries caused by defective products, equipment, or vehicles can lead to product liability claims. Manufacturers, distributors, and retailers may be held liable for injuries caused by their products.
- Government entities – In some cases, accidents involving government-owned property or vehicles may result in liability claims against the relevant government entity. This can include accidents on public roads or in government buildings.
- Third parties – In some situations, a third party not directly involved in the accident may be liable. For example, if a contractor’s negligence in maintaining a property led to the brain injury, the contractor may bear responsibility.
Obviously, there are a number of potential questions to answer from a liability standpoint in a brain injury claim. It’s here that my team can also be helpful, we’ll investigate and make sure we find all the responsible parties so you or your loved one can have the best chance at recovering the available damages.
Damages in a San Pablo Brain Injury Claim
When there’s a brain injury, your legal options become extremely important. Not only can it help with short-term medical bills and expenses, but it can also take into account the long-term implications of your injury, which will likely be immense. That said, when filing a claim–either via an insurance claim or personal injury lawsuit–you can potentially recover the following:
- Medical bills and expenses – This includes all past, present, and future medical costs related to the brain injury. It covers hospital bills, surgeries, doctor’s visits, medications, rehabilitation, therapy, and any necessary assistive devices.
- Lost earnings – Brain injuries can result in the inability to work or reduced earning capacity. Economic damages provide support for lost wages, benefits, and potential future income that the injured person would have earned if not for the injury.
- Property damage – If personal property, such as a vehicle, was damaged in the accident that caused the brain injury, the cost of repairing or replacing these items may be included in the claim.
- Cost of care – Brain injuries frequently require ongoing care, whether at home or in a care facility, the expenses for nursing care, home modifications, and other related costs can be part of the claim.
- Out-of-pocket expenses – This covers any expenses incurred as a direct result of the brain injury, such as transportation to medical appointments, prescription medications, and necessary medical equipment.
- Pain and suffering – These damages aim to provide payment for physical pain, mental suffering, and emotional distress caused by the brain injury.
- Loss of enjoyment of life – This accounts for the loss of the ability to enjoy activities, hobbies, and life as it was before the injury.
- Loss of companionship – If the brain injury negatively impacts your relationship with your spouse or family members, you could recover damages for this loss of companionship and support.
- Emotional distress – Emotional trauma resulting from the brain injury can be a significant part of the claim, covering anxiety, depression, and other emotional difficulties.
Each brain injury case in San Pablo is unique, even in the legal realm. Brain injury victims require special care, considering the mental and emotional complications that can make it challenging to recall events and important details of their claim. Consequently, our experienced brain injury lawyer and team will have a comprehensive plan to pursue your claim, which typically involves:
- Determining the responsible party or entity for your brain injury.
- Assisting you in gathering and examining your medical records.
- Guiding you to brain injury specialists for specialized medical care.
- Working with brain injury experts to evaluate the severity of your brain injury.
- Engaging in negotiations with insurance providers and other relevant parties.
- Potentially filing a lawsuit on your behalf if necessary to pursue compensation.
- Handling the day-to-day tasks and responsibilities related to your brain injury claim.
It’s understandable that most brain injury victims may feel unsure about where to turn for support. Brain injuries often require not only extensive medical care but also substantial legal assistance. More than anything else, they require patience and empathy. At NWR Law, we offer our clients all of the above.
Frequently Asked Questions
Like any other injury in San Pablo, there is a two-year statute of limitations on any brain injury claim.
Brain injuries are typically diagnosed through a combination of physical exams, imaging tests (like CT scans or MRIs), and assessment of symptoms.
A traumatic brain injury (TBI) is a type of injury to the brain caused by external physical forces, such as a blow to the head or a sudden jolt.
Turn to Our Experienced Team at NWR Law in San Pablo
Any serious injury is tough and has lasting effects on your life. But brain injuries are even more devastating for your long-term health. They don’t just affect you, they also impact your entire family and can lead to medical, financial, and social challenges.
At the Law Office of Nikolaus W. Reed, you can turn to my team to help you navigate the legal process and get the financial support you need for medical bills and other losses from your brain injury. I’m here to assist you and your loved ones. Contact my team today to set up a free consultation.