Sacramento Brain Injury Attorney

What Are the Most Common Causes of Brain Injuries?

The human head is fragile, and it doesn’t take a significant impact or crash to cause a brain injury. This injury can easily happen to anyone. The CDC conducted a study to determine what the most common causes of brain injuries are. The majority of TBI victims in the CDC study were children under 17. Many were also elderly adults over 65. 

The most common causes of brain injuries include:

• Falls (48%): Falls can happen at a location that’s not well looked after, like a restaurant with water on the floor, and they account for almost half of all brain injuries. 
• Struck by/against an object (17%): Brain injuries caused by being struck by an object often result from contact sports like football or boxing. One in four children under 17 who sustain a TBI are struck by or against an object.
• Auto accidents (20%): The impact alone of a car accident can result in severe whiplash and cause a traumatic brain injury. A car accident can also result in a TBI if a driver’s or passenger’s head hits the dashboard, steering wheel, or airbag.
• Intentional self-harm (33%): The CDC shares that in 2014, the leading cause of TBI deaths was intentional self-harm.

Other causes of brain injuries are assault and domestic violence. The elderly population is particularly vulnerable to sustaining traumatic brain injuries, often caused by slip and falls. 

Fatalities related to brain injuries in the last few years occurred in men at three times the rate of women. Additionally, people between the ages of 19 and 24 are at an increased risk for brain injuries due to high-impact and adrenaline sports, like hockey and snowboarding.

Complications Resulting from Brain Injuries 

Various complications may arise because of a traumatic brain injury. One of the most common complications in victims is a coma, which is a loss of consciousness lasting more than 24 hours following an injury. A coma may transition into other consciousness disorders, including a persistent vegetative state or a minimally conscious state.

Besides consciousness disorders, other complications resulting from a TBI include: 

• Fluid buildup: Cerebrospinal fluid may build up in the brain, resulting in increased pressure and swelling. 

• Infections: Skull fractures or penetrating wounds may tear the protective tissue layers that surround the brain. Fractures and wounds can allow bacteria to enter the brain and cause infections. 
• Blood vessel damage: Several small and large blood vessels in the brain may sustain damage from a traumatic brain injury. The damage may lead to a stroke or blood clots.

In more severe cases, the accident victim may suffer from brain death, which occurs when there is no measurable brain activity. Unfortunately, brain death is irreversible and results in death. 

All Brain Injuries Are Severe Injuries

No matter how mild or questionable the damage may seem, it is critical for anyone who believes they may have suffered a brain injury to see a medical professional for diagnosis immediately and get the required treatments. A mild brain injury can become severe if not treated. Because brain injuries do not always have visible symptoms, they are highly complex and often hard to spot without medical assistance.

Traumatic Brain Injury Symptoms 

A traumatic brain injury can have wide-ranging physical and psychological effects on accident victims. It is important to remember that some signs may appear immediately after an accident, while others may take days or weeks to develop. Symptoms can be physical, sensory, or cognitive. Experts use the terms mild, moderate, and severe to describe the injury’s effects on brain function. Although, accident victims should take any blow to the head seriously. 

Mild TBI Symptoms

While a mild brain injury may not be deadly, it can cause life-altering effects on a person’s cognitive, physical, and emotional capabilities. Mild TBI symptoms may include: 

• Nausea
• Memory loss
• Headaches
• Dizziness
• Change in vision or hearing
• Slurred speech
• Ringing in the ears 
• Light and sound sensitivity 

Moderate to Severe TBI Symptoms 

Moderate to severe brain injuries may include any of the signs and symptoms from a mild TBI, but with increased severity, including: 

• Chronic headaches 
• Loss of consciousness for several minutes to hours 
• Clear fluids draining from the nose or ears
• Weakness in fingers or toes 
• Coma 
• Seizures 

Children May Show Different TBI Symptoms 

Infants and younger children suffering from a traumatic brain injury may not communicate headaches, sensory problems, confusion, or similar symptoms. Instead, you may observe a change in eating habits, loss of interest in favorite toys, or inability to be consoled in a child with a traumatic brain injury. 

Lesser-Known Symptoms of TBIs

As mentioned above, traumatic brain injuries can cause severe and disruptive symptoms that can have a significant impact on a victim’s day-to-day life. However, lesser-known symptoms can be just as debilitating as physical, sensory, and cognitive symptoms. 

• Depression: Many people make the incorrect assumption that a TBI is just a physical injury. Since a TBI can affect the brain’s structure, these injuries can go much further than physical pain. While experts do not know why TBIs cause depression, there is evidence that people suffering from a head injury also suffer from depressive states. In some cases, victims might suffer from depression for weeks to months following the injury. 

• Sleep problems: A traumatic brain injury can cause people to sleep more or less than usual, adversely affecting the body. Sleeping too much may raise the risk of heart disease. Conversely, not getting enough sleep may cause issues such as depression, decreased energy, and irritability. 

• Difficulty focusing: TBI victims often experience concentration issues, making it challenging to perform well at work or school. Difficulty concentrating can affect a person’s ability to read, communicate, talk, or drive. 
• Emotional instability: Emotional problems are potential symptoms resulting from a traumatic brain injury. These issues may significantly impact a victim’s interpersonal relationships and may lead to feelings of isolation or depression. TBI victims may exhibit sudden episodes of crying, laughing, aggression, or anger. 

Traumatic brain injury cases are often the result of negligence, an accident, or a willful act. A Sacramento traumatic brain injury lawyer can help those who have suffered this injury and recover maximum compensation from all responsible parties.

When to See a Doctor for a Traumatic Brain Injury 

Ideally, accident victims will see a doctor immediately following an accident. Brain injuries can take time to fully manifest, but a doctor may diagnose and treat a TBI early. Consult your doctor if you notice any of the above-mentioned symptoms or if you are experiencing new or worsening symptoms. 

Not only is consulting with a medical professional crucial to your overall health, but it may aid in your injury claim. Insurers tend to interpret not seeking immediate medical attention as you exaggerating your injuries, making it easier to deny or reduce your claim. Furthermore, you allow an insurance representative to claim your injuries resulted from a different accident if you wait to see a doctor. Do not risk losing compensation and schedule an appointment with a doctor immediately.

Who Is Responsible for My Sacramento TBI? 

If you sustained a traumatic brain injury because of another party’s negligent actions, you might be able to pursue financial compensation for your losses and damages. However, determining who is liable might be challenging. Any of the following parties may be responsible: 

• Vehicle drivers: If your brain injury resulted from an auto accident, a negligent driver might be liable. Examples of negligent driving include reckless, drunk, distracted, or aggressive driving. 

• Property owners: Property owners have a reasonable duty of care to keep guests and occupants safe. For example, say a landlord knows of loose steps that could cause guests to fall. If the landlord does not take appropriate action to fix or notify guests of the hazardous condition, they may be liable for any injuries. 

• Trucking companies: When you are in a truck accident, many parties might be involved. For example, the truck driver might work for a larger trucking company. These companies often hold drivers to tight deadlines, causing them to work long and repetitive hours. If the company schedules the driver beyond FMCSA regulated hours, they may be liable for accidents the driver causes. 

• Employers: Businesses must keep their employees safe during work hours. If an employer knows of an unsafe working environment that can cause damage to employees, they may be liable for any injuries. 

What Is My Brain Injury Claim in Sacramento Worth? 

The value of your brain injury depends on several factors. In general, the amount of money you may receive through insurance coverage will depend on:

• The nature of your brain injury: Brain injuries range in their symptoms from headaches and fatigue to a motor or cognitive deficit. The more significant the impact an injury has on your life, the more compensation you may receive. 
• Your age and health: The younger and healthier a victim is before a brain injury, the more compensation they may receive. Insurance companies and courts typically consider the length of time a victim may have to suffer from a TBI when determining how much compensation is appropriate. 

When you partner with a Sacramento TBI attorney, they can thoroughly review your case and negotiate with insurers to pursue fair compensation for your injuries and other related expenses. 

What Compensation May I Receive for My Traumatic Brain Injury? 

It is crucial to remember that just because you sustained injuries in an accident does not mean you are entitled to financial compensation. To receive compensation for your accident-related injuries, you must prove that the other party’s negligent actions were a direct cause. At the Law Offices of JG Winter, we have resources that include industry experts, investigators, and medical professionals, and we will fight for full and fair compensation for all damages you sustained. 

Economic Damages

Economic damages are the damages that you can prove through medical bills and receipts. Medical bills and lost wages are among the most common. Other forms of economic damages may include property damage costs, home renovations, and transportation expenses. After an accident, you must keep proper documentation, so an insurance company does not question the legitimacy of your expenses.  

Non-Economic Damages 

Non-economic damages are damages that accident victims cannot prove with receipts, bills, and other documentation. These damages reflect the damage to their quality of life and include pain and suffering, emotional distress, and loss of enjoyment of life. 

An injury attorney may use the multiplier method or the per diem approach to calculate a dollar amount for your non-economic damages. 

• Multiplier method: An attorney will multiply a victim’s economic damages by a number between one and five. They choose this number based on the severity of their suffering. Five is the most severe, while one is the least severe. For example, if a plaintiff has $10,000 in economic damages from a brain injury, an attorney might multiple that by five. They would then seek $50,000 in non-economic damages. 

• Per diem: Under this method, an injury attorney will assign a monetary value to each day an accident victim spends recovering from the accident. For example, they may assign $200 a day. If it takes 300 days to reach maximum recovery, they will seek $60,000 in non-economic damages. 

Punitive Damages 

In some cases, a judge may award punitive damages if the defendant’s behavior was extraordinarily reckless and negligent. An example may include injuries resulting from a drunk driving accident because the defendant knowingly made a decision that could harm another person. Judges also impose punitive damages to make an example of the negligent party to deter others from behaving similarly. 

Importance of Hiring a Proven California TBI Attorney

If you or a loved one has suffered a brain injury in an accident in California, you must contact an attorney who has experience handling these complex cases. At the Law Offices of JG Winter, we will deal with the insurance companies for you and answer all your questions so that you can concentrate on your recovery. After reviewing your case, we may be able to secure the following compensation: 

• Medical expenses
• Long-term care
• Rehabilitation
• Loss of wages
• Loss of earning power
• Pain and suffering

We stand behind the principle that financial cost should not hinder your ability to attain experienced legal advocacy, which is why we work on a contingency basis. That means you do not pay us until we win your case.