Experienced and Trusted Brain Injury Law Firm

San Diego Traumatic Brain Injury Lawyer

Advocating for San Diego Brain Injury Victims

Traumatic brain injury (TBI) can have life-altering consequences for victims and their families. It’s usually caused by a violent blow or jolt to the head or body. Penetrating traumatic brain injury can occur when an object, such as a bullet, pierces the skull and enters the brain tissue. While mild TBI may cause only temporary problems with normal brain function, more severe TBI can lead to permanent disability or death. Local resources to assist brain injury victims and their families include the San Diego Brain Injury Foundation (SDBIF).

If you or your loved one has suffered traumatic brain injury through someone else’s negligence, it is important to speak with a San Diego brain injury attorney to find out about your legal options. Eugene Bruno & Associates has been getting justice for accident victims in San Diego for over 30 years. Our firm has an A rating from the Better Business Bureau, and Expertise.com rated Eugene Bruno & Associates as the Best Personal Injury Lawyers in San Diego.

We handle all cases on a contingency basis, so you won’t owe us anything unless we win you a settlement.

Call 1-888-BRUNO-88 (1-888-278-6688) to schedule a FREE consultation today.

What Are the Most Common Causes of Traumatic Brain Injury?

TBI is frequently caused by falls, motor vehicle accidents, assaults, sports injuries, and explosive blasts in combat. Accidents in which victims commonly suffer traumatic brain injuries include:

• Car accidents: When two or more vehicles collide, the force of the impact can cause the brain to strike the inside of the skull, damaging tissues and nerves.
• Truck accidents: The jarring, violent movement that occurs in a collision with an 80,000 pound tractor trailer can cause the head to jolt suddenly or slam against objects inside a vehicle.
• Motorcycle accidents: Riders can be ejected from the bike in a collision. Sudden deceleration or blunt force trauma to the head when the rider’s body hits the ground can cause serious head and brain injuries.
• Bicycle accidents: When a 4,000 pound passenger vehicle hits an unprotected bicyclist, the force of impact can cause a jolt to the head and body that damages the brain.
• Pedestrian accidents: In a collision involving a pedestrian and a motor vehicle, the pedestrian’s head may be struck by the vehicle or hit the pavement, causing bleeding and bruising of the brain.
• Slip and fall accidents: Falls are the leading cause of traumatic brain injury overall, as stated by the Mayo Clinic. The head can hit the floor or pavement hard in a fall caused by a slippery surface.
• Wrongful death: Severe traumatic brain injury can result in death of the victim. Surviving family members of the deceased may have a wrongful death claim against responsible parties.

What Are the Long-Term Life Changes Associated with TBI?

A long list of complications are associated with TBI. It can cause altered consciousness, physical complications, intellectual and communication problems, sensory issues, and emotional and behavioral changes. Severe traumatic brain injury can impact a victim’s ability to earn a living, affect his or her personal relationships, and significantly impact quality of life. TBI can also increase the risk of degenerative brain diseases, such as Alzheimer’s and dementia.

Living with a traumatic brain injury often requires significant alterations to one’s living space to ensure safety and make it easier to get around. Home modifications for TBI patients may include installing grab bars and handrails to prevent falls, adding ramps or stairlifts to improve access, and modifying bathrooms to be more accessible with walk-in showers and adapted fixtures. Smart home technologies can offer further assistance, with voice-activated systems allowing for easier control of the environment.

Signs and Symptoms of Traumatic Brain Injuries

Common TBI symptoms include persistent headaches, which are often severe. Memory loss is another frequent symptom, potentially affecting both short-term and long-term memory capabilities. TBI patients may also experience confusion that causes difficulty in understanding basic instructions or conversations. Victims are likely to experience dizziness, making it challenging to maintain balance or coordination. Mood swings may also be indicative of a TBI, leading to uncharacteristic emotional responses or sudden changes in temperament.

Determining Liability for Traumatic Brain Injuries

Determining liability for a TBI caused by an automobile accident requires establishing negligence. Everyone has a duty of care to avoid behavior that may result in reasonably foreseeably harm to others, and negligence occurs when the duty of care is breached. An example of someone who breaches their duty of car would be an intoxicated driver who runs a stop sign and crashes into a pedestrian.

To secure compensation in a traumatic brain injury case, your personal injury attorney must establish causation, which is a direct link between the negligent party’s behavior and the injuries you sustained. In TBI cases, medical evidence plays a critical role in establishing this connection. Expert testimony, imaging scans, and records of the injured party’s condition immediately following the event can all contribute to a compelling argument that the negligence directly caused the TBI.

Compensation Available for Traumatic Brain Injuries

Economic damages refer to the tangible, out-of-pocket expenses that can be calculated and documented following a traumatic brain injury. These costs include immediate medical expenses such as emergency care, surgery, hospital stays, and medication. This also extends to long-term treatment needs like ongoing rehabilitation and future medical care. Rehabilitation costs following a traumatic brain injury can be substantial and often extend over a long period, sometimes for a lifetime. Rehabilitation therapies may include physical therapy to regain mobility and strength, occupational therapy to relearn everyday skills, and speech therapy to address communication challenges.

Economic damages account for lost wages from time taken off work due to the injury as well as potential loss of earning capacity if the TBI affects the victim’s ability to work in the future. Lost wages are the earnings an individual loses while recovering from the injury and they are relatively straightforward to calculate for the short term. If a TBI leads to a decreased capacity to work or permanent disability, the patient may also be entitled to compensation for future lost wages, which requires careful assessment of projected earnings had the injury not occurred.

Non-economic damages may include the physical pain, emotional distress, and overall decrease in quality of life that often accompany a TBI. Unlike medical bills or lost wages, pain and suffering are subjective. The severity of the injury, the level of discomfort endured, and the impact on the individual’s daily life are all considered when determining the amount of compensation. Traumatic brain injuries can lead to profound emotional distress, impacting an individual’s mental health and overall well-being. Victims may experience anxiety, depression, and other emotional issues as they adjust to post-injury life.

To calculate non-economic damages, personal injury attorneys often employ methods like the multiplier method, which assigns a number based on the severity of the injury and multiplies it by economic damages. Another approach is the per diem method, which assigns a daily value to the suffering and multiplies it by the number of days the victim is affected.

Who Is Liable for Traumatic Brain Injuries in San Diego?

Determining who is responsible for a TBI involves identifying anyone who committed an act of negligence that contributed to the incident that caused the injury. Each case requires a thorough investigation so liability can be accurately assigned, and fair compensation can be pursued.

Liable parties could include individuals, such as drivers or property owners, entities such as businesses or government agencies, or manufacturers of defective products. For example, in a car accident the at-fault would be a defendant, but if a roadway hazard contributed to the crash, a contractor responsible for road maintenance might also bear liability. If a TBI was sustained due to a defective helmet, the manufacturer or retailer may be held liable as well.

Schedule Your Free Consultation Today

If you or your loved one suffered TBI in an accident caused by the negligence of another, the at-fault party may be held liable. Our experienced San Diego personal injury lawyers can thoroughly investigate your accident to determine fault and liability and to secure evidence to support your case. Damages you may be entitled to claim may include past and future medical expenses, lost earnings, disability, pain and suffering, and other losses. We have the knowledge, skills, and resources to assess the full extent of your damages, past present and future, and effectively pursue the compensation you deserve.

At Eugene Bruno & Associates, our San Diego brain injury lawyers work hard and win for our clients. We have helped thousands of injury victims and recovered tens of millions of dollars in compensation. Our firm has a 99.7% success rate.

Contact us at 1-888-BRUNO-88 (1-888-278-6688) for the skilled legal help you need after a severe traumatic brain injury in San Diego.

Additional Brain Injury Information

• Protecting Your Most Valuable Asset: Preventing Traumatic Brain Injuries (TBI) in Car Accidents
• Traumatic Brain Injury – MedlinePlus