California Head Injury Lawyers

Types of Brain Injuries

Several types of traumatic brain injuries can occur due to an accident or incident. Some of the most common types include:

• Concussions. Concussions are the most common type of head injury and are typically caused by a blow to the head or body, resulting in the brain being jolted inside the skull. Concussion symptoms may include headaches, fatigue, dizziness, memory loss, and difficulty concentrating.
• Contusions. These are bruises on the brain that can occur when the brain hits the inside of the skull. Contusions may require surgery to remove or repair.
• Coup-contrecoup injuries. Coup-contrecoup injuries are essentially two injuries. They occur when the brain is violently shaken inside the skull, causing damage to both the impact site and the brain’s opposite side.
• Diffuse axonal injuries. These injuries occur when the brain is rotated or shaken so violently that the axons (nerve fibers) in the brain are torn or damaged. Diffuse axonal injuries can be particularly severe and result in long-term disability or death.
• Penetrating brain injuries. A penetrating injury occurs when something pierces the skull, causing further injury. Penetrating brain injuries can be very severe and may require immediate surgery.

Regardless of the specific type of TBI, it’s crucial to seek medical attention immediately after an accident or incident that may have caused a TBI. Early diagnosis and treatment can help improve the chances of a full recovery. A delay in treatment can also impact your personal injury claim.

Potential Symptoms of a California Head Injury Claim

Symptoms of a traumatic brain injury (TBI) can vary widely depending on the severity of the injury and the specific part of the brain that was injured. Some common symptoms of a TBI may include:

• Physical symptoms like headache, dizziness, nausea, fatigue, difficulty sleeping, and changes in appetite;
• Cognitive symptoms like difficulty thinking clearly, remembering things, or making decisions;
• Emotional symptoms: like mood changes, such as irritability, anxiety, or depression;
• Sensory symptoms lke changes in vision, hearing, taste, or smell; and
• Motor symptoms like weakness or paralysis on one side of the body, difficulty with fine motor skills, or problems speaking.

Symptoms of a TBI may appear immediately after the injury or develop over time. Early diagnosis and treatment can improve your overall prognosis. That’s why it’s crucial to see a doctor immediately following an accident with a potential head injury.

How to Prove Liability in a Head Injury

Proving liability in a head injury claim can be complex and depend on your case’s specific facts and circumstances. In general, you will need to provide evidence that the injury was caused by the negligence or wrongdoing of another party (the defendant). To successfully prove liability, you must establish the following four elements:

• Duty of care. The defendant had a legal obligation to exercise a level of care and caution to prevent harm to others.
• Breach of duty. The defendant failed to live up to this legal obligation and behaved in a way that was careless or reckless.
• Causation. The defendant’s breach of duty is what caused your head injury.
• Damages. You suffered actual damages due to the injury, such as medical expenses, lost wages, and property damage.

To prove these elements, you must present ample evidence to support your claim. Examples of evidence include medical records, witness statements, and expert testimony. It’s important to note that each state has its own laws and procedures for pursuing a personal injury claim. That’s why you should work with a head injury attorney who knows the applicable laws in California.

Why Hire a California Head Injury Attorney

California law doesn’t require hiring a lawyer for a head injury claim, so you might wonder whether you need to hire an attorney. If you have suffered a brain injury, it may be best to hire a lawyer to represent you in your claim for compensation. There are several reasons why this can be beneficial:

• Attorneys have legal expertise. Head injury attorneys thoroughly understand the legal issues involved in personal injury claims and can provide knowledgeable and experienced representation on your behalf. Your attorney will also ensure you don’t miss any important legal deadlines.
• You’ll have a skilled negotiator on your side. Insurance companies often try to minimize the compensation they pay out, and a skilled attorney can negotiate on your behalf to help you obtain the maximum compensation possible.
• Personal injury claims are time-consuming. Filing a personal injury claim can be a complex and time-consuming process. An attorney can handle the legal paperwork and other details on your behalf, allowing you to focus on your recovery.
• Your attorney is objective. It can be challenging to remain objective when seeking compensation for an injury, particularly if the head injury caused significant pain and suffering. An attorney can provide an objective perspective and help you make informed decisions about your case.

Hiring a California head injury attorney can help you protect your rights and increase the chances of a successful outcome.

Contact a California Head Injury Attorney

If you or someone you love sustained a head injury due to another party’s negligence, you have legal rights in California. Contact Silva Injury Law to learn more about how we can assist you. We have years of experience helping victims with head injuries. With his prior experience as an assistant district attorney in Merced County, attorney Michael Joe Silva knows what evidence is necessary to maximize your potential compensation. Let us review your case and tell you how best to proceed.