Brain injuries happen every day in the United States. In fact, the Centers for Disease Control and Prevention reported 214,110 hospitalizations in 2020 and 69,473 fatalities in 2021 as a result of traumatic brain injuries.
When these injuries occur, those responsible for them can be held accountable for the damage caused. Victims and their loved ones can pursue a claim for compensation with help from the experienced Carlsbad brain injury lawyer at Miller & Steele Law Firm.
With more than 70 years of collective experience and a history of representing clients in more than 100 jury trials, we are ready to fight for you when you suffer these serious injuries. Give us a call today at (760) 439-2210 to schedule your free consultation and learn more about how we can help you.
Causes of Brain Injuries
Brain injuries occur for many reasons, but certain types of incidents are much more likely than others to cause damage to the brain. In fact, MedlinePlus identified the most common brain injury causes to include:
- Falls, which are the most common cause of brain injuries among seniors 65 and up
- Motor vehicle accidents, which are the most common cause among young adults
- Sports injuries
- Being hit by an object
- Child abuse, which is the most common cause among children four and under
- Blasts from explosions
- Being struck with a weapon, bullet, or shrapnel
In many of these instances, someone — such as a careless driver or a negligent property owner — was ultimately responsible for the conditions that led to the brain injury. When an individual or company is to blame, a Carlsbad personal injury attorney can help you to hold them accountable.
Symptoms of Brain Injuries
According to the Mayo Clinic, common symptoms of brain injury include:
- Agitation
- Anxiety
- Bad taste in the mouth
- Balance problems
- Blurred vision
- Clear fluid draining from the ears or nose
- Coma
- Convulsions
- Depression
- Difficulty concentrating
- Dilated pupils
- Disorientation or confusion
- Dizziness
- Fatigue or difficulty sleeping
- Headaches
- Inability to wake up
- Lost consciousness
- Lost coordination
- Memory changes
- Mood changes
- Nausea and vomiting
- Numbness in the fingers and toes
- Ringing in the ears
- Seizures
- Slurred speech
- Smelling difficulties
- Speech problems
Sometimes, these symptoms can be chronic and long-lasting, impacting your ability to work or live your life normally.
Long-Term Complications of Brain Injuries
Because the brain is such a vital organ, an injury to it can result in serious complications that can significantly affect the victim’s life. Some common long-term complications or brain injuries include:
Consciousness Disorders
Moderate to severe traumatic brain injuries can result in consciousness disorders, including:
- Coma
- Vegetative state
- Minimally conscious state
- Brain death
Tragically, these disorders can ultimately result in the victim’s death.
Physical Complications
Brain injuries can also result in physical complications, including:
- Vertigo – Brain injury victims may suffer from chronic dizziness.
- Movement disorders – Brain injuries can cause problems with balance and coordination, tremors, and weakness in the limbs.
- Headaches – Some victims suffer frequent headaches after a brain injury, sometimes for several months following the accident.
- Fluid buildup – Cerebrospinal fluid can build up in the brain, causing pressure and brain swelling.
- Blood vessel damage – Blood vessels may be damaged during the injury, which can lead to strokes, blood clots, or other medical conditions.
- Seizures – Brain injury victims sometimes begin experiencing seizures after a brain injury. Sometimes, these seizures continue years after the initial injury.
- Infections – Bacteria can seep into the brain, causing infections.
- Nerve damage – Some brain injury victims suffer from cranial nerve damage, which can cause paralysis of facial muscles, loss of vision, hearing loss, altered sense of smell or taste, dizziness, ringing in the ears, or swallowing problems.
Degenerative Brain Diseases
Brain injuries may result in degenerative brain diseases, such as:
- Alzheimer’s disease – This disease can cause progressive memory loss and the loss of other thinking skills.
- Dementia – Repeated blows to the head can sometimes cause dementia.
- Parkinson’s disease – This condition causes movement problems, including tremors, rigidity, and slow movements.
Cognitive Issues
Brain injuries can cause issues with:
- Remembering
- Learning
- Reasoning
- Paying attention
- Making decisions
- Solving problems
- Organizing thoughts
- Planning
- Beginning or completing tasks
Communication Problems
Brain injuries may interfere with the ability to think clearly and form words or sentences. This problem can sometimes make having conversations or relationships with others more difficult.
Behavioral Changes
Some people may have altered personalities. They may experience depression or anxiety. They could also experience angry outbursts or difficulty controlling emotions.
Every brain injury is different and can affect people differently. It’s crucial to seek immediate medical attention to mitigate the long-term effects of brain injuries as much as possible.
Who is Responsible for a Brain Injury?
If you are impacted by a brain injury caused by someone else, you may be able to recover compensation for losses.
California Civil Code Section 1714 makes clear that individuals are responsible not just for wrongdoing, but also for negligence. If an individual breaches a legal duty, such as the duty to exercise care behind the wheel, and a brain injury occurs as a direct result, that individual can be made to pay for medical costs, lost wages, pain and suffering emotional distress, and other resulting economic and non-financial losses.
A Carlsbad car accident lawyer specializing in personal injury can be instrumental in helping you understand your rights and pursuing a claim.
California applies a rule called a pure comparative fault rule as adopted in a case called Li v. Yellow Cab Co., 532 P.2d 1226 (1975). This rule says a victim can pursue a claim against someone responsible for harming them, even if the victim was mostly to blame. The other party will simply be responsible for paying for the damages attributed to their negligence, according to California Civil Code Section 1431.2.
What Financial Compensation Can I Recover in a Brain Injury Claim?
Brain injuries don’t just affect people physically. The financial effects are often debilitating. Brain injury victims may be left with serious injuries that require expensive and ongoing medical treatment, an inability to work, and chronic pain. Accident victims have the right to seek compensation for the damages they sustain as a result of someone else’s negligence, which may include payment for:
- Medical expenses – You can request payment for emergency treatment and transportation, hospital stays, surgeries, rehabilitation, ongoing medical treatment, physical therapy, occupational therapy, speech therapy, medicine, medical devices, and other medical costs associated with your injury.
- Lost income – In addition to wages you lost while recovering or attending medical appointments, you can seek compensation for any reduction in your long-term earning potential caused by the brain injury.
- Disabilities and impairments – You have the right to pursue compensation for the reduced quality of life you will experience because of the injury, as well as the financial costs incurred to make accommodations to your home or vehicle because of the injury.
- Pain and suffering – You can seek compensation for physical and emotional pain and suffering, mental anguish, and distress.
Contact our experienced Carlsbad personal injury attorneys to learn what damages you may be able to recover in your case.
How Long Do I Have To File A Brain Injury Lawsuit?
California Code of Civil Procedure section 335.1 establishes a two-year statute of limitations for “action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” If someone caused your brain injury, you’ll need to take action within this timeline to recover compensation.
Get Help From A Carlsbad Brain Injury Lawyer Today
A Carlsbad brain injury lawyer at Miller & Steele Law Firm will help you fight for your right to fair compensation if someone damages your brain through their negligent acts. Give us a call today or contact us at (760) 439-2210 to schedule your free consultation and learn how we can help you.