Oakland Brain Injury Lawyer
Any violent shaking of the brain or blow to the head may lead to a serious injury. For instance, a traumatic brain injury (TBI) may occur from a penetrating injury to the brain or blunt trauma to the head. According to the Centers for Disease Control and Prevention (CDC), research has shown that the common causes of TBIs include traffic collisions and falls. Those who suffer a traumatic brain injury may deal with health issues lasting a few days or throughout their lifetimes. In California, parties who suffer injuries, like head trauma, in an accident may be entitled to compensation for their losses.
If you or a family member was involved in a recent accident and suffered a TBI, our legal team from AutoAccident.com is here to help. Contact our skilled and compassionate Oakland traumatic brain injury attorneys for free, friendly advice on your potential case at (510) 631-0200 or (800) 404-5400.
At AutoAccident.com, our personal injury law firm has served Alameda County, including Oakland, since 1982. In that time, our California accident attorneys have obtained successful case resolutions for clients with TBIs and other types of head trauma. Our legal team has seen first-hand how a TBI affects injured parties and their families. That is why our legal team is committed to justice and maximum financial recovery for our clients. For a free consultation, reach out to our law office today and learn more about how we can help you and your family through this difficult time.What are the Signs of a Traumatic Brain Injury?
Most traumatic brain injury cases are considered mild. However, those classified as mild may involve severe and lasting effects on areas concerning gross motor skills, vision, hearing, mood, and more. Common brain injury symptoms may include but are not limited to:
- Blurred vision
- Becoming easily frustrated or angry
- Changes in sense of smell or taste
- Difficulty with memory or concentration
- Headache with throbbing or pounding pain
- Hearing issues or difficulty speaking
- Sensitivity to noise and light
While most patients with a mild traumatic brain injury may have symptoms resolving in days or weeks, some may deal with persistent symptoms lasting months or even years. Those who have suffered head trauma in an accident are encouraged to seek treatment and a neurological exam immediately.How is a Brain Injury Diagnosed?
A physician will evaluate a patient in an initial encounter for head trauma. It is essential to note that not all symptoms may present themselves immediately after an accident. Therefore, a neurological exam may be necessary. A physician is trained to observe signs indicative of a brain injury, such as reflexes, eye movement, coordination, movement, and sensory function. For moderate to severe head trauma, magnetic resonance imaging (MRI) or computed tomography (CT) scans may be needed.
Findings in neurological exams are useful from a clinical perspective in patients who are well-oxygenated, not sedated, have normal blood glucose levels, and have normal blood pressure. This is crucial as drugs for sedation, low blood sugar levels, low blood pressure, and low oxygen content in tissues have been found to cause profound changes in elicited signs. Therefore, it would cause an overall limitation over the clinical utility of the neurological exam.What Clinical Findings are Suggestive of Head Trauma?
In direct head trauma cases, the following includes several clinical findings:
- Battle Sign: Also referred to as Battle’s Sign, this is the presence of visible dark bruising in the skin that overlies the mastoid process. Battle’s Sign usually occurs as a direct result of blunt trauma to the head.
- CSF Otorrhea: Cerebrospinal fluid otorrhea may be caused by tumors, cholesteatoma, surgical intervention, or trauma. CSF Otorrhea may also be congenital. This condition is characterized by intermittent or persistent CSF drainage from the ear.
- CSF Rhinorrhea: The presence of a fistula between the skull base and the dura may cause the discharge of cerebrospinal fluid from the nose. CSF rhinorrhea often occurs following destructive lesions, following intracranial surgery, or after trauma to the head (specifically frontobasal skull fractures).
- Hemotympanum: Hemotympanum is characterized by ecchymosis of the tympanic membrane and the presence of blood in the middle ear cavity. Common reasons for hemotympanum may include a temporal bone fracture from blunt trauma to the head, otitis media, blood disorders, and more.
- Raccoon Eyes: Visible bruising under the eyes that is dark blue or purple in color. This sign is often indicative of a severe condition associated with a brain injury or skull fracture.
In a personal injury claim for head trauma, the following damages may be recovered:
- Medical expenses for crash-related injuries, such as head trauma
- Lost income for missed work due to the recovery of injuries from an accident
- Diminished earning potential from permanent injury or disability, like a severe TBI
- Pain and suffering for the emotional suffering and physical pain caused by an injury
Expert witnesses are often called to provide testimony in civil cases where technical or specialized knowledge is necessary for understanding the matter. Expert witness testimony is useful in building a personal injury case for a TBI or other types of head trauma. Such experts may include but are not limited to:
- Accident Reconstruction Experts: In an accident case, an accident reconstruction expert may be called in to provide insight on how a head injury was the direct result of blunt force trauma from a traffic collision. Their professional opinion may provide information on the speeds associated with the incident, if the crash was avoidable, the severity of the accident, and subsequent injuries and damage.
- Economic Experts: Economists and other economic experts may testify on the financial impact of the traumatic brain injury and its impairment on the claimant’s future earning potential. The economist may determine and estimate the financial value of the claimant’s lost earnings based on the facts and circumstances surrounding the case.
- Medical Experts: A medical professional may provide testimony on the permanence of accident-related injuries. Testimony from medical experts may help a judge or jury understand the lasting effects of injuries, such as a TBI, from a crash and its impact on the claimant’s life.
- Vocational Experts: Testimony from a vocational expert may be useful in establishing how the brain injury has affected the claimant’s options for lines of work. Expert opinions from these professionals may be helpful in proving how head trauma has impacted the claimant’s current employment or has limited their future job opportunities.
Testimony from expert witnesses is essential to personal injury cases involving head trauma since they provide professional expertise on the existence of a brain injury, what caused the injury, and the extent of the resulting damages and complications. It is useful to call in experts who can provide their insight into the TBI case and substantiate every facet of the matter.Oakland Brain Injury FAQ
At our personal injury law firm, our clients dealing with the aftermath of a TBI often have many questions about their rights and the legal process. Here are answers to some of the commonly asked questions we receive on traumatic brain injury cases.
How much time do you have to file for personal injury?
The California Code of Civil Procedure Section 335.1 defines the statute of limitations for personal injury cases in the Golden State. For most accident cases, a two-year deadline is generally applicable. However, few exceptions may exist, such as those matters that involve public agencies. A six-month statute of limitations applies in cases where public entities are named defendants. This is by the California Government Code Section 911.2. For more details, contact the best personal injury lawyer in your area.
What evidence supports my bodily injury claim for a TBI?
Evidence in a personal injury claim for head trauma may include imaging such as x-rays, MRI scans, or CT scans, expert witness testimony, witnesses who can testify on how the TBI has impacted the claimant’s life, neurological exams, intracranial pressure (ICP) monitoring that indicates the presence of brain swelling, brain mapping, and more. To determine your eligibility for a claim for damages, contact an experienced California brain injury attorney.
Can I afford a lawyer for my traumatic brain injury case?
Most personal injury lawyers in California, like ours from AutoAccident.com, take cases on contingency. In this arrangement, our law firm does not get paid unless we obtain a successful case result on behalf of our client. There are no upfront costs for legal representation due on your part. Attorney’s fees will only be required if a favorable case result is obtained. For more information about our contingent fee basis and how we can help you with your TBI case, contact our experienced Oakland brain injury lawyers.About Our Personal Injury Law Firm
Our legal team from AutoAccident.com has the skills, knowledge, and resources to build the strongest case possible for maximum financial recovery. Before calling for a free consultation regarding your TBI case, watch the video below detailing our services.Contact a Brain Injury Attorney in Oakland, California
At AutoAccident.com, our compassionate and skilled legal team has decades of combined experience in California personal injury law. When you select our law firm to handle your TBI case, we will work diligently until justice is served and maximum financial recovery is obtained through a verdict or settlement. Contact our experienced traumatic brain injury lawyers serving Oakland, California, for free, friendly case advice at (510) 631-0200 or (800) 404-5400.
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