Hayward Brain Injury Lawyer

brain scan

A traumatic brain injury (TBI) refers to an injury that is caused by an external force on the head. It may be caused by an object that penetrates the skull and enters the brain or it may be caused by blunt force trauma to the head. A TBI and its severity may range from mild to severe. Treatment for traumatic brain injuries generally requires a combination of rehabilitative and medical treatments. This may include speech therapy, prescription medication, physical therapy, surgical intervention, among others.

If you or a family member suffered a TBI or other type of head trauma in an accident because of another party’s negligence, our legal team from AutoAccident.com is here to help. Call (510) 631-0200 or (800) 404-5400 for free, friendly case advice from our skilled Hayward brain injury attorneys.

Since 1982, our California personal injury law firm has helped clients in and around the Hayward area with their accident cases, including those that involve head trauma. Our legal team from AutoAccident.com has extensive experience investigating TBIs and understands firsthand the devastating effects of these injuries. Let our Hayward traumatic brain injury attorneys seek maximum compensation for your damages. Contact our law office today to learn more about our services in a free consultation.

National Statistics on Traumatic Brain Injuries

The Centers for Disease Control and Prevention (CDC) has provided data on traumatic brain injuries:

  • Traumatic brain injuries are a leading cause of disability and fatality in the U.S. and contribute to nearly 30 percent of all injury-related deaths
  • Approximately 176 individuals passed away from injuries associated with TBIs every day in 2020
  • More than 223,000 people were hospitalized for traumatic brain injuries in 2019
What are the Signs of a Traumatic Brain Injury?

After an individual suffers head trauma, there are some signs and symptoms that may help determine the type of brain injury that has occurred. Signs of a TBI may include:

  • Changes in mood or behavior
  • Drainage of clear fluids from the ears or nose
  • Increased agitation, confusion, or restlessness
  • Loss of consciousness for a few minutes or hours
  • Pupil enlargement in one or both of the eyes
  • Repeated nausea or vomiting
  • Seizures or convulsions
  • Sensitivity to sound or light
  • Tingling or numbness of the legs or arms

These are some common signs that an individual has sustained a TBI and should seek immediate medical attention for further evaluation.

Investigating a TBI from an Accident

In a personal injury case, it is essential to determine the cause of a TBI or other type of head trauma. This is due to insurance carriers and defense counsel often disputing reported injuries and damages in a claim. When you have the assistance of a Hayward traumatic brain injury attorney, you can feel confident in knowing your rights and best interests will be protected throughout the process.

At AutoAccident.com, our legal team will ensure that a thorough investigation into your accident is conducted to identify all at-fault parties and sources of financial recovery. We have the skills, knowledge, and resources to work with expert witnesses and build the strongest cases possible for our clients. It is our goal to obtain full financial recovery for those we represent, and nothing less.

Can You Recover Compensation for a TBI in an Accident Case?

For injured parties and their families, any type of head trauma may significantly impact their lives. When cognitive or physical abilities are lost because of a brain injury suffered in an accident, an injured party may lose out on the hobbies they once enjoyed, lose some or all of their independence, and must change their plans for the future. Apart from the effects of a TBI, these injuries can be costly due to ongoing treatment, wage loss, and other damages.

If head trauma and other injuries from an accident occurred because of someone else’s careless or negligent actions, an injured party may have grounds for a claim for damages. A bodily injury claim may be brought against the other side and their insurance company to seek reimbursement for economic and non-economic damages. When considering legal action, it is essential to call a skilled Hayward TBI attorney from AutoAccident.com for assistance.

What Types of Losses are Recoverable in Personal Injury Cases for TBIs?

To bring a successful personal injury claim for a TBI forward, it must be proven that another party or entity owed a duty of care, failed to uphold that duty, the breach in the duty of care was the exact cause of the incident, and damages occurred as a result. Common economic and non-economic damages recoverable in these cases may include:

  • Costs of past and future treatment of crash-related injuries, like a TBI and other types of head trauma
  • Lost earnings for being temporarily out of work for recovery and diminished earning potential for permanent disability or injury
  • Pain and suffering for the emotional anguish and physical pain caused by injuries sustained in the incident
  • Renovations to the home and vehicle to accommodate a permanent injury or disability

Overall, a traumatic brain injury from an accident may have devastating and life-changing effects on individuals and their families as a whole. This list of recoverable damages highlights the importance of having skilled legal counsel on your side after a crash. Learn how our Hayward brain injury lawyers can help you with your case by watching this video.

Are Punitive Damages Recoverable in a Personal Injury Case?

When an at-fault party’s behavior was particularly egregious in the moments leading up to an accident that caused a TBI and other injuries, punitive damages may be sought from the negligent party. Punitive damages are intended to act as a punishment and set an example to deter the at-fault party and others from committing similar egregious actions. A skilled Hayward TBI attorney will know how to build a compelling case for punitive damages.

Hayward Traumatic Brain Injury FAQ

Should I discuss my bodily injury claim with the insurance company?

Do not discuss a claim for a TBI or other type of head trauma with anyone until you have consulted with a California personal injury attorney. Insurance companies will do everything in their power to decrease the amount they payout for bodily injury claims. Insurers may resort to tactics like requests for recorded statements or signed releases to devalue or deny accident claims. Therefore, it is essential to retain legal counsel right away.

How long do you have to file a case for personal injury in California?

In California, claimants have up to two years to file a lawsuit for personal injury, by CCP 335.1. If a claimant does not accept a settlement from the insurer within the two-year time limit, the case must be filed in court. Failure to do so may result in the court dismissing the matter. Few exceptions may apply to the two-year statute of limitations. Therefore, it is essential to discuss your case in a free consultation with a skilled injury attorney in Hayward, CA.

Contact a Brain Injury Attorney Serving Hayward, California

Our California personal injury law firm has represented clients in Hayward and throughout Alameda County since 1982. Call for free, friendly advice on your potential head trauma case at (510) 631-0200 or (800) 404-5400. Our skilled Hayward traumatic brain injury attorneys operate on contingent fee agreements. This means our clients do not owe us anything unless we secure a successful result in their accident case through a verdict or settlement.

Photo Credit: “AnnaShvets” via Pexels

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