J&Y Law’s Guide To Getting The Compensation You Deserve From a Traumatic Brain Injury



J&Y Law is dedicated to protecting the rights of traumatic brain injury victims throughout California. While any injury caused by the negligent, reckless, or intentional conduct of another party is tragic, a traumatic brain injury (TBI) may be life-altering. Recovering from a TBI can be a slow and painful process, requiring surgery, rehabilitation, and physical therapy. Some victims may need lifelong care, while others may die as a result of brain injury complications.

If you or a loved one has sustained a traumatic brain injury, J&Y can help you obtain meaningful compensation. Although many personal injury cases are resolved through intricate and detailed negotiations with an insurance company, TBI cases often rise to the level of litigation. You can count on our legal team to stand by you every step of the way and fight tirelessly for your rights, inside or outside of the courtroom. We have a well-earned reputation as dedicated advocates of the injured and will provide you with aggressive representation when you need it most.


What is a Traumatic Brain Injury?

A traumatic brain injury is typically the result of a violent blow or jolt to the head or body. A TBI can also occur when an object penetrates brain tissue (e.g. a bullet, a shattered piece of skull). While a mild traumatic brain injury may only affect the brain cells temporarily, a moderate to severe TBI can cause bruising, torn brain tissue, bleeding, swelling, and other brain damage. Ultimately, a severe brain injury will have lasting complications and may result in death.


Leading Causes of Traumatic Brain Injuries


Leading Causes of Traumatic Brain Injuries


Through our many years of practice, J&Y Law has handled TBI cases arising from all types of accidents. Common causes of brain injuries include:

Falls

Falls are the leading cause of traumatic brain injuries. Falls from heights, such as ladders, scaffolding and roofs are a serious risk for construction workers. In addition, anyone can be injured in a slip and fall accident on private, commercial or public property. According to the Centers for Disease Control and Prevention (CDC), falls account for nearly half of TBIs; older adults and young children are particularly vulnerable to brain injuries caused by falls.

Motor Vehicle Accidents

Car accidents are the second leading cause of traumatic brain injuries, particularly in high-impact collisions (e.g. T-bone accidents, head-on collisions); motorcyclists, bicyclists and pedestrians can also sustain TBIs after being struck by a motor vehicle.

Sports Injuries

Contact sports such as football, boxing and hockey pose a serious risk of TBIs, while brain injuries are also common in baseball, lacrosse and skateboarding — children age 17 and younger are particularly vulnerable to sports injuries.

Violent Crimes

Assaults, domestic violence, and gunshot wounds are common causes of traumatic brain injuries. It is worth noting that it is possible to pursue a personal injury claim regardless of whether the perpetrator is convicted because the burden of proof is much lower in a civil case than in a criminal case.

Medical Malpractice

TBIs can also be caused by medical malpractice such as a misdiagnosis, an anesthesia error or a surgical mistake. Given the challenges of proving that a doctor, hospital or other healthcare provider was negligent, it is crucial to have proper legal representation.
Regardless of the type of accident that caused your brain injury, J&Y Law will work tirelessly to help you obtain just compensation.


TBI Statistics


The CDC reports that traumatic brain injuries are a serious, growing public health problem in the U.S. resulting in more emergency department visits, hospitalizations, and deaths each year. The most recent data compiled by the CDC for the year 2014 shows that:

  • Approximately 2.53 million TBIs required emergency department visits (812,000 involving children)
  • Approximately 288,000 TBIs resulted in hospitalizations (23,000 involving children
  • There were 56,800 TBI-related deaths (2,529 children died from brain injuries)

Signs and Symptoms of TBI



The symptoms of a TBI depend on the severity of the injury. Generally, there are three classifications of traumatic brain injuries — mild, moderate and severe:

  • A mild TBI involves a limited period of lost consciousness, confusion or disorientation that usually last for 30 minutes or less
  • A moderate TBI results in a longer period of unconsciousness (up to 6 hours) and may also involve a degree memory loss
  • A severe TBI can cause an extended period of unconsciousness or a comatose state, which can result in significant cognitive impairment or death

The symptoms of a TBI can range from mild to severe, including:

While the symptoms of a brain injury may present immediately after the head trauma, in some cases, signs may not surface until days or weeks later. This is why it is crucial to immediately seek medical attention if you or a loved one has sustained a brain injury of any degree. Failing to do so can cause the injuries to worsen and may prove to be fatal. If the TBI was the result of someone’s negligence, contact J&Y Law as soon as possible. We have the skills and experience to hold the responsible party accountable and help you obtain the compensation you deserve.


Common Complications Following a Severe TBI



For victims of severe brain injuries, there is a high risk of complications, either as a direct result of the TBI or being bedridden for days or weeks. These complications include:

  • Increased intracranial pressure (ICP) — An increase of pressure inside the brain to dangerous levels that may be life-threatening
  • Edema — Swelling due to excessive fluid in the brain can interrupt blood flow and damage brain cells
  • Pneumonia— Being unable to move increases the risk of pneumonia
  • Brain infection — Infections can occur in various parts of the brain, particularly in penetrating brain injuries
  • Blood clots — Not being able to move may slow blood flow throughout the body, which can lead to blood clots in the legs or arms that can travel to the lungs.
At J&Y Law, we believe that the life-threatening complications of brain injuries demand that victims be justly compensated.

Proving Negligence in a TBI Claim



While the term “duty of care” sounds complicated, it basically means that we all have a responsibility not to cause harm to others. As an example, all drivers in California have a duty of care to operate their vehicles in a safe manner and avoid injuring others. A driver who breaches this duty by driving under the influence, speeding or driving recklessly can be held liable for an accident that results in a traumatic brain injury.

In the context of slip and fall accidents, all property owners in California have a duty of care to provide a safe environment to visitors. If someone sustains a brain injury because the owner failed to maintain the property (e.g. broken steps on a neighbor’s property, a raised sidewalk, a spill in a grocery store), a personal injury claim can be filed against the property owner.

When a TBI is the result of a construction accident, the injured worker is typically covered under California’s workers’ compensation program; however, benefits do not account for pain and suffering. If the accident was the result of a safety violation or the negligence of a third party (e.g. a contractor, engineer, equipment manufacturer), however, an injured worker has the right to file a civil lawsuit to recover damages.

At J&Y Law, our legal team has the skills and experience to demonstrate negligence in traumatic brain injury cases. Above all, we will work strategically to help you obtain the maximum compensation you deserve.


What You Are Entitled To If You Suffered A Brain Injury Due To Negligence



In a successful personal injury claim, you are entitled to compensation that includes economic and non-economic damages:

  • Economic damages are intended to cover your actual past and future financial losses, such as lost wages, medical expenses and loss of earning capacity.
  • Non-economic damages are designed to compensate you for past and future “intangible” losses, such as pain and suffering, loss of enjoyment of life, and permanent disabilities.

If the responsible party’s conduct was particularly egregious or unlawful (e.g. drunk driving, assault), you may also be awarded punitive damages. Such damages are aimed at punishing the responsible party and deterring others from engaging in similar misconduct.

At J&Y Law, we know that a traumatic brain injury can have lasting repercussions. Some victims may require ongoing medical treatment and rehabilitation to regain motor skills and senses, while those who sustain severe TBIs may never be able to work again. When you become our client, we will fight to help you obtain compensation that considers all your future medical and financial needs.


Survival Actions/Wrongful Death



When a traumatic brain injury results in the victim’s death, surviving family members have the right to file a wrongful death lawsuit. Under California law, parties who can bring a wrongful death claim include:

  • A surviving spouse
  • The deceased person’s domestic partner
  • Surviving children
  • Parents or siblings (if there are no direct survivors)
  • Others who were financially dependent on the deceased individual

To have a viable claim, it is necessary to prove that the responsible party’s negligence was directly responsible for causing the TBI that led to the wrongful death.

It is important to note that certain damages will be awarded to the deceased person’s estate, including past and future lost wages and benefits, reasonable medical expenses related to the decedent’s final injury or illness, and funeral expenses. At the same time, surviving family members can also recover damages for the value of financial support and household services the decedent provided to the family as well as for the loss of love, companionship, and guidance. A wrongful death claim must be filed within two years of the deceased person’s passing.

In addition, the executor of the decedent’s estate may be able to pursue a survival action. This type of lawsuit differs from a wrongful death claim because a survival action focuses on the decedent, rather than the grief and financial losses of the family. Damages that can be recovered by the estate include medical expenses and lost earnings; these damages will then be distributed to the beneficiaries of the estate.

While no amount of money can replace a loved one, a wrongful death lawsuit or a survival action allows surviving family members to obtain a measure of justice and solace.


Reasons To Use J&Y Law As Your Injury Attorney



If you or a loved one has suffered a traumatic brain injury, you may be frightened and not know where to turn. When you consult J&Y Law, we will provide you with knowledge, compassion, and dependable service. We have a proven track record of achieving successful outcomes in TBI cases, having won millions of dollars for victims and their loved ones in settlements and jury awards.

Our experienced personal injury attorneys will conduct an extensive investigation to determine the cause of the accident that resulted in the TBI and work to hold the responsible party accountable. We also rely on medical experts to demonstrate the devastating effects of brain injuries in terms of pain and suffering and how the injury prevents the victim from working.

We truly understand the challenges facing you and will work to help you obtain the maximum compensation you deserve. If a loved one has died as the result of a TBI, we will work closely with you to determine whether to pursue a survival action or a wrongful death lawsuit and fight for your rights.

At J&Y Law, we handle TBI lawsuits on a contingency basis. This means that you will not pay any attorneys’ fees to us until we obtain compensation for you. Please contact our office today for a free evaluation of your case.