Traumatic Brain Injury Law
Understanding your rights after a traumatic brain injury and how to get maximum compensation
Brain injuries range from temporary to permanent and from minor to life-threatening. Regardless of its severity, a brain injury requires time to heal. Many people in California may not be able to work and perform other tasks like they did prior to the brain injury. In these situations, money can become a real impediment to recovery.
If the injury was caused by another person through a car accident, slip and fall, or other incident, you might be able to demand damages or sue for compensation.
At Beahm Law, our personal injury lawyer in the Bay Area helps clients who have suffered brain injuries caused by the negligent, reckless, or intentional act of another person. We know how these types of injuries affect people and will use our understanding and insight into these injuries to obtain maximum compensation.
Contact our brain injury lawyer at 415-523-5555 today to schedule a Free Consultation.
A brain injury refers to any injury that occurs to the brain and results in damage to its structure or function. These injuries range from mild to severe and may have short-term or long-term effects on an individual's physical, cognitive, emotional, and behavioral abilities.
These injuries are often the subject of both personal injury and workers' compensation claims in California.
Brain injuries can occur due to various causes, including:
Falls, car accidents, motorcycle accidents, or assaults causing head trauma
Drowning, suffocation, cardiac arrest, or birth injuries
Encephalitis, meningitis, or other neurological infections
Ischemic or hemorrhagic strokes affecting brain function
Benign or malignant brain tumors affecting tissue
Alzheimer's, Parkinson's, and other progressive conditions
Important: Keep in mind that regardless of the cause, not all brain injuries are subject to a claim. However, if the brain injury involves a personal injury or workers' compensation claim, not only will the cause but the extent of the injury play a role in compensation.
The effects of a brain injury can vary widely depending on different factors. Understanding these variables is crucial for determining appropriate treatment and potential compensation in personal injury claims.
Mild, moderate, or severe classifications impact recovery time, treatment needs, and long-term prognosis
Different brain regions control different functions—damage location determines which abilities are impaired
Younger brains may have more plasticity for recovery, while elderly individuals face higher risks of complications
Overall physical condition, immune system strength, and existing medical conditions affect recovery
Previous brain injuries, neurological conditions, or chronic illnesses can compound injury effects
Immediate medical intervention can significantly improve outcomes and reduce long-term damage
If you have suffered a brain injury, symptoms can range from immediate to delayed. Common symptoms include:
Headaches
Dizziness
Confusion
Memory problems
Difficulty concentrating
Mood changes
Personality changes
Changes in behavior
Nausea or vomiting
Critical: Once a brain injury is determined, treatment may involve medical interventions, rehabilitation therapy, and ongoing support to help individuals recover and manage their symptoms, if possible.
In personal injury lawsuits, the type of brain injury is important because it can impact the amount of compensation awarded
Plaintiffs typically seek damages to cover medical expenses, lost wages, rehabilitation costs, pain and suffering, and other related expenses. Expert medical testimony is often necessary to establish the extent of the injury and its long-term effects on the plaintiff's life.
This is one of the most common types relevant to personal injury cases. TBIs occur due to a sudden trauma or blow to the head. They can range from mild concussions to severe brain damage, leading to long-term cognitive and physical impairments.
Concussions are a mild form of TBI caused by a bump, blow, or jolt to the head. While they are often considered minor, repeated concussions or failure to properly manage them can lead to serious long-term consequences, including chronic traumatic encephalopathy (CTE).
This occurs when an object penetrates the skull and damages brain tissue. These injuries can be caused by gunshot wounds, sharp objects, or other penetrating trauma such as debris from serious car accidents.
Anoxic brain injuries occur when the brain is deprived of oxygen for a prolonged period. This can result from medical malpractice, drowning, suffocation, or cardiac arrest. Even brief oxygen deprivation can cause permanent brain damage.
Similar to anoxic brain injury, hypoxic brain injury occurs when the brain receives insufficient oxygen (rather than no oxygen). This can happen in various situations, including near-drowning incidents, carbon monoxide poisoning, or during surgery.
Unlike TBIs, ABIs occur after birth and are not caused by trauma. These injuries can result from strokes, infections, tumors, or degenerative diseases like Alzheimer's. They may be the subject of medical malpractice claims.
DAI is a severe type of TBI caused by the brain rapidly moving back and forth within the skull, leading to widespread damage to nerve fibers. It often occurs in high-speed car accidents or violent shaking, such as in shaken baby syndrome cases.
This involves bruising of the brain tissue, often caused by a direct impact to the head. Contusions can lead to bleeding and swelling, potentially causing significant neurological deficits. Multiple contusions may require surgical intervention.
These types of brain injuries are the result of internal factors, such as disease or lack of oxygen, rather than an external force. Examples include strokes, seizures, brain tumors, and toxic exposure.
Important Note: Some of these types of injuries overlap—for example, a TBI can also be a penetrating brain injury where a serious car accident leads to glass or metal piercing the victim's head.
A personal injury claim is based on situations where another person or entity causes the brain injury through a negligent, reckless, or intentional act.
Truck, car, motorcycle, or bicycle accidents resulting in head trauma
Oxygen deprivation, forceps injuries, or other complications during delivery
Tackles, collisions, or falls in contact sports and recreational activities
In the home, on trips, or from heights—see our guide on slip and fall claims
Punches causing victims to fall and hit their heads or direct blows to the head
Penetrating brain injuries from firearms
Including shaken baby syndrome (where an adult forcefully shakes a baby, often in frustration or anger, causing swelling, bruising, or bleeding on the brain)
Construction site accidents, falling objects, or industrial incidents
Seizures, strokes, aneurysms, or brain tumors where they resulted from medical malpractice or delayed diagnosis
Encephalitis or meningitis where they resulted from medical malpractice or negligent care
Where it resulted from a defective product, faulty appliance, or negligent property maintenance
From drowning or choking, for example, where a lifeguard was negligent at a private swimming pool or restaurant staff failed to respond to a choking victim
Where medical malpractice, pharmacy errors, or improper prescribing caused oxygen deprivation
Where a defective product, faulty wiring, or unsafe conditions caused electrical injury
Effective legal representation in California will be the key to ensure that the cause is directly linked to the type of brain injury in order to ensure maximum compensation.
A workers' comp claim is based on situations where the victim is injured because of their work or while working. Workplace brain injuries can occur in various industries and job roles.
Slips, trips, and falls from ladders, scaffolding, or uneven surfaces
Being struck by falling or moving tools, equipment, or materials
Cars, trucks, forklifts, or other machinery accidents
Physical assaults or violent incidents in the workplace
Common in construction, mining, and military settings
Exposure to toxic chemicals causing neurological damage
In construction or demolition sites
Heavy machinery, cranes, or industrial equipment
Electrocution or electrical shocks
In sports or physical job roles causing concussions
Lack of proper helmets or safety protocols
Risk of head bumps or exposure to harmful gases
Implementing proper safety protocols, providing appropriate personal protective equipment (PPE), and ensuring a safe working environment can help mitigate these risks. It is the employer's responsibility to do so.
Important: If an employer fails to maintain safe conditions, in some cases, a personal injury claim may be applicable and provide more compensation than a workers' comp claim.
Depending on the nature of the injury, the effects of a brain injury may be immediately apparent or develop over time. The injury can result in short-term consequences that quickly resolve or permanent conditions that affect every aspect of a person's life.
The brain plays a crucial role in every bodily function. A brain injury can have wide-ranging effects on a person's cognitive functioning, behavior, physical abilities, social skills, and general quality of life.
• Concussion
• Confusion
• Headaches
• Memory issues
• Poor balance or dizziness
• Mood or personality changes
• Lack of insight
• Inability to read social cues
• Speech difficulties
• Tremors
• Changes in hearing, sight, smell, or taste
• Vision issues (double vision)
• Difficulties with daily activities
• Difficulties learning new information
• Fatigue
• Coma
• Traumatic epilepsy
• Death
Impact on Compensation: The more serious the consequences and their impact on the victim's quality of life could increase the damages the victim receives.
If you've sustained a brain injury as a result of a workplace accident or someone else's negligence, there are several avenues to seek potential compensation.
If your injury occurred at work, you may be eligible for workers' compensation to cover your medical costs and lost wages. The availability and application of workers' compensation vary between states, but California generally provides robust protection for injured workers.
If you can demonstrate that your brain injury was caused by another person's negligence, you may be able to file a personal injury lawsuit. This allows you to seek:
The value of brain injury claims can range from tens of thousands to millions of dollars, depending on the severity and long-term impact. An experienced personal injury attorney ensures you receive maximum compensation.
Due to their nature and presentation, brain injuries are a complex feature of personal injury lawsuits. Understanding these complexities is crucial for obtaining full compensation.
The impact can be life-long, extending well beyond the time it takes to settle or win a compensation claim. Future medical needs and care costs must be accurately projected.
It can take some time to discover a brain injury, with new symptoms emerging months or even years after an incident. Initial assessments may miss the full extent of damage.
What first appears to be a mild injury can later lead to a much more serious diagnosis and a broader impact on the injured person's life.
Proving the extent and future impact of brain injuries requires neurologists, neuropsychologists, and life care planners as expert witnesses.
If you have a potential brain injury, you should seek medical assistance immediately after your accident or the incident that caused it. Early documentation is critical for your case.
It's important to keep copies of your related medical documents to discuss with our personal injury attorney. This includes emergency room visits, imaging results, neurological assessments, and all treatment records.
Keep a journal of symptoms, cognitive changes, mood alterations, and how the injury affects your daily life. This contemporaneous documentation strengthens your case.
When preparing a personal injury case, an attorney will ensure all economic and non-economic damages—including future ones—are included. Expert witnesses are often key to putting this evidence before a court.
Expert witnesses can explain the ongoing consequences of a brain injury for an injured person to ensure they receive the compensation they are entitled to.
To file a personal injury claim or even a workers' comp claim in California for a brain injury requires adherence to the procedures, including deadlines. Time is of the essence, especially if there is a gap between the date of the incident causing the injury and the date of learning of the injury.
Generally, you have TWO YEARS from the date of injury (or discovery of the injury) to file a personal injury lawsuit in California. Missing this deadline can bar you from recovering any compensation.
At Beahm Law, we understand the devastating impact brain injuries have on victims and their families. Our experienced personal injury attorneys fight tirelessly to obtain maximum compensation for your medical expenses, lost wages, pain and suffering, and future care needs.
Don't let the statute of limitations run out. Contact us today to protect your rights and secure the compensation you deserve.
Brain Injury Law
Understanding traumatic brain injuries, your legal options, and how to get maximum compensation