Stockton Brain Injury Lawyer

Few types of injuries have the same physical, emotional, and financial impact as a serious brain injury.  When you experience trauma to your head because of the negligent, reckless, or intentional conduct of an individual, government entity, or business, you might have a legal right to compensation.  Whether the damage to your brain is the result of a car accident, tractor-trailer collision, construction accident, or a fall on a wet floor, the consequences can include permanent disability from employment and limitations on your ability to care for your family.

If you or a loved one suffers a traumatic brain injury (TBI) caused by the negligent conduct of another, your TBI could adversely impact your mobility, cognitive functioning, and sensation. Because of the devastating nature of a severe brain injury, you need an experienced and tenacious advocate to pursue your financial recovery.  Our brain injury lawyers provide a track record of success and extensive experience, as well as empathy and compassion toward those who have endured catastrophic injuries. Call us for free, friendly advice at (209) 227-1931.

Read below for more on traumatic brain injuries.

In this article:

• Understanding Traumatic Brain Injuries
• Causes of TBIs in Stockton
• Prevalence of Injuries to the Brain
• Cost of a Serious Injury Involving the Brain

If your brain is damaged when you experience a head injury, this is referred to as a “traumatic brain injury.”  Generally, there are two major categories of traumatic brain injury:

• Open (Penetrating) Head Injury: This type of injury occurs when an object penetrates the skull and enters the brain. Skull fractures that cause a piece of the skull bone to penetrate the brain constitute the most common type of open head injury.  Open head injuries frequently are caused by motor vehicle accidents or falling accidents.

• Closed Head Injury: With this type of head injury, there is no actual penetration of the skull. The injury occurs when a sudden, violent motion causes the brain to impact the hard interior of the skull.  Car accidents constitute a common scenario where these injuries occur when a vehicle occupant’s head impacts the windshield.  Closed head injuries can take a couple of forms: (1) focal, meaning the injury occurs in one area, and (2) diffuse, meaning tissues and cell throughout the brain are affected.

Damage to the brain that results from a head injury can take several forms:

• Tearing: Small tears occur when the brain is injured. The tears are microscopic and typically unobservable in an MRI or CT scan.

• Bruising (Bleeding): When the brain is injured blood vessels can tear. This causes blood to pool within the brain and exact pressure on brain tissue.  This pressure can cause the affected brain tissue to die off, so the functioning of the brain is impaired.

• Swelling: When the body recognizes that the brain has been injured, extra blood will be routed to the brain to facilitate healing, which causes swelling. Since there is limited space within the skull, this swelling also inflicts pressure that can damage areas of the brain.  These damaged areas of the brain might cease functioning.

The video below discusses a traumatic brain injury and provides an overview to help you understand TBIs.

There are many causes of TBIs that might arise from negligent or intentional conduct.  This type of injury can happen during a traumatic event, such as a motor vehicle accident or a slip and fall.  A TBI can also be the result of a series of repetitive concussions.  Repetitive head injuries that cause TBIs recently have been linked to contact sports like football and boxing.  The Centers for Disease Control and Prevention (CDC) indicate the most common causes of a TBI include:

• Falls - 5 percent
• Motor Vehicle Accidents - 3 percent
• Struck by/Struck Against - 5 percent
• Unknown Cause - 19 percent
• Assaults - 10 percent

Beyond these general statistics, there are many types of conduct that can cause incidents resulting in a brain injury.  Conduct that contributes to many head injuries includes the following:

• Distracted driving
• Alcohol or drug-impaired driving
• Violating traffic safety laws (e.g. ignoring the right of way rules, tailgating, unsafe lane changes, etc.)
• Falls from scaffoldings or ladders on construction jobs
• Failure of bicyclist or motorcyclist to wear helmets
• Medical malpractice during childbirth (e.g. birth injuries, cerebral palsy)
• Improper safety practices during sports activities
• Anesthesiology errors during surgical procedures
• Physical attacks due to negligent security
• Fatigued truck drivers
• Rollover accidents
• Vehicle ejections
• Improper safety practices in nursing homes
• Defective products

These are just a few examples of conduct that can contribute to severe brain injury.  An individual, government entity, or company can be liable for a brain injury when there is a failure to exercise reasonable care to prevent a reasonably foreseeable injury.  In some cases, the failure of the victim to undertake reasonable safety precautions like wearing a seat belt or helmet can reduce the recovery in a personal injury lawsuit.

Although most people do not anticipate that they will be involved in an accident that causes a brain injury, TBIs constitute a significant cause of disability and account for thirty percent of all injury-related deaths in the United States according to the CDC.  Approximately 138 people throughout the nation suffer fatal TBIs on a daily basis.  TBIs play a role in about 50,000 deaths, 280,000 hospitalizations, and 2.2 million emergency room visits annually.  Further, the prevalence of this type of debilitating injury appears to be on the rise because TBI-related emergency room visits increased by seventy percent and hospitalizations rose by eleven percent over a recent ten year period.

Tragically, severe head injuries tend to impact the most vulnerable populations, such as children and the elderly.  People over the age of 65 constitute the age group most likely to suffer a TBI, and falls are the most common cause of fatal TBIs among seniors.  Among children age 5-24, motor vehicle accidents are the most common cause of fatal brain injuries.

While insurance claims and lawsuits might not be your first concern if you or a loved one experiences a serious head injury caused by an intoxicated driver, the staggering cost associated with TBIs can be financially devastating.  The average lifetime cost of a TBI has been estimated to range between $85,000 and $3 million according to the CDC.  Stockton brain injury attorney Ed Smith is prepared to investigate the facts of your situation, gather evidence, and pursue the fullest recovery, so you can afford the best medical care and highest post-injury quality of life.

I’m Ed Smith, a Stockton Brain Injury Lawyer. I’ve helped those who have been seriously hurt recover compensation for their injuries since 1982. If you’ve been in a serious accident due to someone else’s negligence call me at  209-227-1931 or 800-404-5400 for free, friendly advice. I represent clients in Stockton and the surrounding San Joaquin County cities, including but not limited to Manteca, Lodi, Tracy, Ripon, Lathrop, and Escalon.

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Editor’s Note: This page has been updated for accuracy and relevancy [cha 3.27.20]