Los Angeles Traumatic Brain Injury Attorneys

Representing TBI Survivors in California

When someone else’s negligence or wrongful conduct resulted in your brain injury, you may be legally permitted to demand compensation to pay for medical bills, lost wages, and support to help you live as comfortably as possible. Depending on the circumstances, you may also seek compensation for your physical or mental suffering or other non-economic damages.

At Greene Broillet & Wheeler, LLP, our Los Angeles brain injury lawyers have decades of experience representing people with severe head injuries and traumatic brain injuries (TBIs). We have secured significant verdicts and settlements for our clients, many of which reached news headlines. If you have suffered a life-changing injury, turn to our legal team for the legal support and representation you need now more than ever.

Contact Los Angeles brain injury attorneys online or call us at (866) 634-4525 to schedule a free consultation. 

What is a Traumatic Brain Injury (TBI)?

A traumatic brain injury (TBI) is an injury that directly affects the brain, either through violent trauma, oxygen deprivation, blood toxicity, or another type of harm. Most brain injury claims or lawsuits involve TBIs that were caused by violent or intense accidents, though.

Common types of traumatic brain injuries include:

• Concussion: A concussion is a mild TBI (mTBI) that typically occurs due to a blow or jolt to the head. It can cause temporary disruptions in brain function, leading to symptoms such as headache, confusion, dizziness, and memory problems.
• Contusion: A brain contusion is a bruise on the brain's surface caused by a direct impact to the head. It can lead to localized bleeding and brain tissue damage.
• Penetrating Injury: Penetrating TBIs occur when a foreign object, such as a bullet or a sharp object, penetrates the skull and enters the brain, often resulting in life-threatening or fatal injuries.
• Diffuse axonal injury (DAI): DAI is a type of TBI that occurs when the brain rapidly shifts inside the skull, causing damage to nerve cells and their connections (axons). This type of injury is often caused by high-speed acceleration or deceleration, such as in car accidents.
• Coup-contrecoup injury: This type of TBI occurs when there are contusions on both the impact site (coup) and the opposite side of the brain (contrecoup).
• Hematoma: Hematomas are collections of blood that accumulate within the brain or in the space between the brain and the skull. There are different types of hematomas, including epidural hematoma, subdural hematoma, and intracerebral hematoma.
• Second impact syndrome: Second impact syndrome is a rare but potentially life-threatening condition that can occur when a person sustains a second head injury before fully recovering from a previous TBI.

Common Causes of Traumatic Brain Injuries

Slip and fall accidents are the leading cause of TBIs in the United States, accounting for 47% of all such injuries, according to the Centers for Disease Control and Prevention (CDC). The most susceptible populations to falls are children younger than 14 and adults older than 65. The second leading cause of TBIs is getting struck by a heavy object, such as a falling object on a construction site.

Other common causes of TBIs include:

• Motor vehicle accidents: Motor vehicle accidents, including car, motorcycle, and truck accidents, are a highly common cause of TBIs. Rollover accidents, in particular, are likely to result in a head injury.
• Bicycle accidents: Cyclists are vulnerable to TBIs in accidents, especially if they are not wearing helmets.
• Contact sports: Sports like football, soccer, and boxing carry a risk of head injuries due to collisions, tackles, and blows to the head. Repeated head trauma in contact sports can lead to chronic traumatic encephalopathy (CTE), a degenerative brain condition.
• Falls from ladders and scaffolding: Construction workers are at risk of falling from ladders, scaffolding, or elevated platforms.
• Blasts and explosions: Military personnel may suffer TBIs from the shockwaves and debris generated by blasts.

Traumatic Brain Injuries by the Numbers

About 1.5 million people in America suffer a traumatic brain injury (TBI) every year, according to the Brain Injury Association of America. That’s more than six times the number of people who are diagnosed with breast cancer, HIV/AIDS, spinal cord injuries, and multiple sclerosis combined. Additionally, about 50,000 people die of a traumatic brain injury annually and another 5.3 million people are currently living with a disability due to a TBI. The Centers for Disease Control and Prevention (CDC) also states that about 30% of all injury deaths result from TBIs each year.

Symptoms of Traumatic Brain Injuries

Early symptoms of a brain injury can include:

• Dizziness
• Nausea and vomiting
• Ringing in the ears
• Headache
• Hypersensitivity to light, noise, touch, smell or taste
• Insomnia or difficulty waking up once asleep

Early emotion-based symptoms of a brain injury might include:

• Fatigue
• Sensitivity to crowds
• Depression
• Anxiety
• Difficulty sleeping or oversleeping
• Changes to sex drive

If you have been in an accident and have exhibited any of these symptoms, you should see a medical provider right away. Even if you otherwise feel fine, you could have an underlying brain injury that should be diagnosed without any further delay.

Lasting Effects of TBIs

The prognosis for a TBI depends on a variety of factors. For many TBI survivors, it is rare for them to go back to their life as it was before the injury, and they cannot return to work. It is also common to require long-term, live-in care to help with tasks that are not interrupted by lingering brain injury symptoms.

Long-term effects of a TBI often include:

• Cognitive impairment
• Speech and language impairment
• Sensory loss or impairment
• Deficits in attention and concentration
• Aggression and other personality changes
• Depression
• Anxiety

How are Brain Injuries Diagnosed?

Medical experts may use these methods to diagnose a brain injury:

• Neurological workup: If doctors suspect a brain injury, you will most likely be given an initial neurological exam in the emergency room or doctor’s office. You’ll be rated according to the Glasgow Coma Scale on your ability to open your eyes, speak, and respond to verbal and physical stimuli.
• Imaging tests: Your doctor may order an imaging test, like an MRI or CT scan, to determine if there are skull fractures, tumors, subdural hematomas, penetrating injuries, or other observable injuries to the brain.
• Neuropsychological testing: Neuropsychological testing can help pinpoint specific deficits that may be caused by a brain injury, such as memory problems or difficulty with highly dexterous tasks.
• Personal observations: The observations of friends, co-workers, and family members can help identify the early signs of a brain injury and the personality disorders that sometimes go with it. A physiatrist, a specialist in rehabilitative medicine, may interview people who knew you before and after the injury about the differences they have seen in your abilities and behavior.

How Are TBIs Treated?

Brain injuries can be treatable depending on their severity and the specific circumstances of the patient. Doctors often explore a variety of treatment methods, including medical interventions, therapies, surgeries, and alternative treatments. However, it's important to note that these methods are often expensive, and many are not covered by standard healthcare insurance plans. The result can be a frustrating financial challenge on top of physical and mental challenges made by the TBI.

Treatment methods for a TBI might include:

• Medication: Medications can help manage symptoms such as pain, seizures, and mood disorders associated with TBIs. Commonly prescribed drugs include pain relievers, anticonvulsants, and antidepressants.
• Surgery: In severe cases, surgery may be necessary to repair skull fractures, remove blood clots, or relieve pressure on the brain caused by swelling.
• Rehabilitation therapy: Specialized forms of physical therapy, occupational therapy, and speech-language therapy can help TBI patients regain lost skills and improve their quality of life.
• Hyperbaric oxygen therapy (HBOT): HBOT involves breathing pure oxygen in a pressurized room or chamber, which can promote healing by increasing oxygen supply to brain tissue. This treatment is considered experimental, is still under research, and is often not covered by insurance.

Who Can File a TBI Claim?

People who have suffered a traumatic brain injury due to the negligence or wrongful actions of another party usually have the right to file a TBI claim under California liability laws. What is important is that it can be proven that the defendant violated a duty of care owed to the plaintiff and that violation resulted in the plaintiff’s brain injury. Also, the right to file a claim depends on doing so before any applicable statutes of limitations expire.

Who Can Be Liable for a Traumatic Brain Injury?

At Greene Broillet & Wheeler, LLP, our Los Angeles traumatic brain injury lawyers know how to prove liability for a brain injury and the many consequences it causes. We know where to look for proof of negligence and liability, and how to use that proof in a compelling case. If someone’s mistake caused you or a loved one to suffer a brain injury, we want to be the local legal team you trust to hold them financially liable, even if that means taking on a major corporation.

Parties that could be a defendant in a traumatic brain injury claim include:

• Motorists and auto insurance companies
• Automakers
• Employers
• Product manufacturers
• Medical institutions
• Property owners
• Construction firms
• Many more

What Compensation Can I Recover for a TBI?

We want to fight for every penny of compensation that you deserve after suffering a TBI due to someone else’s negligence. Thanks to our extensive legal experience, our team is capable of handling cases that enter settlement negotiations, as well as those that go to court for hard-fought litigation, as many TBI cases ultimately do.

The damages you can usually pursue in a TBI claim are:

• Medical expenses: Traumatic brain injuries are expensive to treat initially, and ongoing therapies will add to the overall cost. As a result, medical bills can total millions of dollars during the patient’s lifetime.
• Physical pain and suffering: Ongoing physical problems, including demonstrable cognitive losses that impair the patient’s ability to lead a normal life, can add to the overall value of a settlement.
• Mental suffering: Many brain injury survivors can no longer work or participate in activities they once enjoyed, causing mental health declines.
• Lost wages: While getting treatment for brain injuries, patients are sometimes unable to work. Many brain injuries can also prevent a patient from ever holding gainful employment again.

Process of Filing a TBI Claim in California

Every TBI claim process will be slightly unique, but most include these steps:

• Consultation with our attorneys: The first step is to consult with an experienced catastrophic injury attorney from our firm, so we can evaluate the merits of your claim and provide initial legal guidance.
• Investigation and evidence gathering: If you decide to work with us, your attorney will conduct a thorough investigation of the situation, collecting evidence such as medical records, accident reports, witness statements, and expert testimonies to prepare a strong case.
• Filing the complaint: Once sufficient evidence is gathered and the case is fully prepared, we can draft and file a formal complaint in the appropriate California court, outlining the details of the injury, the defendant's negligence, and the damages sought.
• Pre-trial discovery and negotiation: Both parties engage in the discovery process, exchanging information and evidence. Settlement negotiations may take place during this phase to resolve the case without going to trial.
• Trial: If a settlement is not reached, the case will proceed to trial where both sides present their evidence and arguments. A judge or jury will then determine liability and the amount of compensation to be awarded.
• Post-trial and appeals (if applicable): After the trial, either party can appeal the decision if they believe there were legal errors that affected the outcome. The appellate process can further extend how long it takes to resolve the claim, of course.

Statute of Limitations for Brain Injury Cases in CA

In California, the statute of limitations for filing a personal injury lawsuit, including brain injury cases, is generally two years from the date of the injury. In other words, you could have two years to file a claim in court; otherwise, you may lose your right to seek compensation at all. However, if the injury was not discovered immediately, the statute of limitations might start on the date the injury was discovered or reasonably should have been discovered, such as when it was first diagnosed. It's also important to note that there are exceptions and specific rules, such as shorter time frames for claims against government entities, which often require filing a notice of claim within just six months of the brain injury.

Choose Our Los Angeles Brain Injury Lawyers

When you’re injured, you should focus all of your energy on getting better, not on fighting stubborn defendants and insurance companies. You don’t want the hassle of legal proceedings to cause you even more stress. What you do want is a trusted personal injury law firm to handle your traumatic brain injury case. For the people of Los Angeles, that law firm is Greene Broillet & Wheeler, LLP. Time and again, we’re chosen first by locals who have been in terrible accidents and now need a team that knows how to get results. See what we can do for your case by reaching out today.

We’re proud to have helped clients recover seven- and eight-figure awards in matters involving traumatic brain injuries. Call us today at (866) 634-4525 or contact us online.