Traumatic brain injuries (TBIs) can have devastating and long-lasting effects on victims and their families. Whether caused by a car accident, workplace incident, fall, or act of violence, a TBI can lead to cognitive, emotional, and physical impairments that may require extensive medical treatment and rehabilitation. If you or a loved one has suffered a TBI due to someone else’s negligence, an experienced traumatic brain injury lawyer can help you pursue justice and secure compensation to cover medical expenses, lost wages, and other damages.

At Knapp Moss, we are dedicated to representing victims of traumatic brain injuries throughout California. Our legal team understands the complexities of TBI cases and is committed to fighting for the compensation you need to rebuild your life after a brain injury.

What is a Traumatic Brain Injury (TBI)?

A traumatic brain injury occurs when the brain is damaged by a sudden force or impact, disrupting normal brain function. TBIs can range from mild concussions to severe injuries that cause permanent disability or death. TBIs are recognized as chronic conditions that may impact you for the rest of your life. Common causes of traumatic brain injuries include:

• Car and Trucking Accidents: Auto collisions are a leading cause of TBIs. The force of impact can cause a person’s head to strike the dashboard, steering wheel, or window, leading to brain injury.
• Slip-and-Fall Accidents: Falls are another common cause of TBIs, particularly among older adults. A fall on a hard surface can result in a head injury, causing damage to the brain.
• Workplace Accidents: TBIs can occur in dangerous work environments, especially in industries such as construction or manufacturing. Falling objects, falls from heights, or machinery accidents can lead to serious brain injuries.
• Sports Injuries: Contact sports, such as football, hockey, and boxing, pose a significant risk of concussions and other brain injuries. Repeated blows to the head can cause long-term cognitive impairments.
• Assault or Violence: Acts of violence, such as physical assaults or gunshot wounds, can result in traumatic brain injuries, often with life-threatening consequences.
• Motorcycle and Bicycle Accidents: Riders who are thrown from their vehicles during a crash are at high risk of suffering TBIs, particularly if they are not wearing helmets.

Types of Traumatic Brain Injuries

TBIs vary in severity and can have different effects on the brain, depending on the type of injury sustained. Common types of traumatic brain injuries include:

• Concussion: A concussion is the most common type of TBI and is often caused by a blow to the head or violent shaking of the brain. While many concussions are mild, repeated or severe concussions can lead to long-term cognitive impairments.
• Contusion: A brain contusion is a bruise on the brain tissue, often caused by direct impact to the head. Contusions can lead to swelling, bleeding, and pressure on the brain, which may require surgery to relieve.
• Diffuse Axonal Injury (DAI): This type of injury occurs when the brain is shaken or rotated inside the skull, causing the brain’s nerve fibers to tear. DAIs are common in high-speed car accidents and can result in coma or long-term cognitive and physical impairments.
• Penetrating Brain Injury: Penetrating injuries occur when an object, such as a bullet or piece of metal, pierces the skull and enters the brain. These injuries are often fatal or result in permanent disability.
• Hematoma: A hematoma is a collection of blood that forms in or around the brain after a head injury. Subdural hematomas (bleeding between the brain and skull) and epidural hematomas (bleeding between the outer membrane of the brain and the skull) can be life-threatening if not treated promptly.
• Second Impact Syndrome: This occurs when a person suffers a second brain injury before fully recovering from a previous one. Even a mild concussion followed by a second impact can result in severe brain damage or death.

Why You Need a Traumatic Brain Injury Lawyer

Traumatic brain injury cases are complex and often involve high medical costs, long-term care needs, and significant emotional and financial losses. Working with a skilled traumatic brain injury lawyer can help you navigate these challenges and ensure that you receive the compensation you need. Here’s why hiring a lawyer is essential:

• Proving Negligence: To succeed in a TBI claim, you must prove that the injury was caused by someone else’s negligence. Your lawyer will investigate the circumstances of the accident, gather evidence, and consult with medical and accident experts to build a strong case.
• Calculating Damages: Brain injuries often result in significant financial losses, including medical expenses, lost wages, and long-term care costs. Your lawyer will help you calculate the full extent of your damages, including future medical needs and the impact on your quality of life.
• Handling Insurance Companies: Insurance companies often attempt to minimize payouts in TBI cases, particularly when the long-term costs are substantial. Your lawyer will negotiate with the insurance company to ensure you receive a fair settlement.
• Filing a Lawsuit: If a fair settlement cannot be reached, your lawyer will file a personal injury lawsuit on your behalf and represent you in court to secure the compensation you deserve.

Compensation in Traumatic Brain Injury Cases

Victims of traumatic brain injuries may be entitled to several types of compensation, depending on the severity of the injury and its impact on their lives. Common forms of compensation in TBI cases include:

• Medical Expenses: Compensation for medical bills, surgeries, hospital stays, rehabilitation, medications, and any ongoing treatment required as a result of the brain injury.
• Lost Wages: If your injury prevents you from working, you may be entitled to compensation for lost income. In cases of long-term or permanent disability, compensation for loss of future earning capacity may also be available.
• Pain and Suffering: TBIs often result in significant physical pain and emotional distress. Compensation for pain and suffering accounts for the non-economic impact of your injury, such as anxiety, depression, and loss of quality of life.
• Long-Term Care: Severe brain injuries may require long-term medical care, including home health services, rehabilitation, and assistive devices. Compensation may cover the costs of these services, as well as home modifications needed to accommodate a disability.
• Loss of Consortium: In cases where the victim’s injuries impact their relationship with their spouse or family, compensation may be available for loss of companionship, affection, or support.

Proving Liability in a Traumatic Brain Injury Case

To recover compensation for a traumatic brain injury, you must prove that the injury was caused by the negligent actions of another party. The following elements must be established:

1. Duty of Care: The defendant owed a duty of care to the victim, such as a driver’s duty to operate a vehicle safely or an employer’s duty to provide a safe work environment.
2. Breach of Duty: The defendant breached their duty of care by acting negligently, recklessly, or intentionally.
3. Causation: The defendant’s breach of duty directly caused the victim’s brain injury.
4. Damages: The victim suffered measurable damages, such as medical expenses, lost wages, or pain and suffering, as a result of the injury.

How a Traumatic Brain Injury Lawyer Can Help

Navigating a traumatic brain injury case requires the expertise of a lawyer who understands the medical, legal, and financial complexities involved. A traumatic brain injury lawyer can provide invaluable assistance throughout the legal process:

• Investigating the Accident: Your lawyer will investigate the circumstances of the injury, gather evidence, and consult with medical experts to build a compelling case.
• Proving Negligence: Your lawyer will gather the necessary evidence, such as medical records, accident reports, and expert testimony, to prove that the defendant’s negligence caused the injury.
• Filing a Lawsuit: If a fair settlement cannot be reached, your lawyer will file a lawsuit on your behalf and represent you in court to secure the compensation you deserve.
• Negotiating with Insurance Companies: Your lawyer will handle negotiations with insurance companies to ensure that you receive a fair settlement that fully covers your medical expenses and other damages.

Why Choose Knapp Moss?

At Knapp Moss, we have extensive experience handling traumatic brain injury cases throughout California. Our legal team is committed to providing personalized, compassionate representation, and we fight tirelessly to ensure that TBI victims receive the compensation they deserve. We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Conclusion

If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, hiring an experienced traumatic brain injury lawyer is essential to securing the compensation you need to recover. At Knapp Moss, we are here to support you through every step of the legal process. Contact us today for a free consultation.