Sacramento Traumatic Brain Injury Lawyer
If another person’s negligence caused you or a loved one to suffer a serious brain injury, the legal team at Rosenthal Law wants to speak with you. Our Sacramento brain injury attorneys provide compassionate, professional legal services in northern California that include:
- Listening to you
- Working hard for you
- Fighting for you
- Caring for you
At Rosenthal Law, we offer free consultations. There are no upfront fees if our personal injury law firm represents you. We believe in aggressively pursuing compensation for our clients and helping them move forward with their lives. Contact Rosenthal Law today to schedule your free case review with a brain injury lawyer, and let our more than 25 years of legal experience work for you.
- How Can a Sacramento Brain Injury Attorney Help?
- Is There a Time Limit to File a Brain Injury Case in Sacramento?
- What Compensation is Available After a Brain Injury?
- What Are the Different Types of Brain Injuries?
- What are Common Causes of Brain Injuries?
- Symptoms of a Traumatic Brain Injury
- Contact Our Sacramento Traumatic Brain Injury Lawyer Today
How Can a Sacramento Brain Injury Attorney Help?
In most cases, an experienced personal injury attorney in Sacramento significantly improves your chances of recovering the compensation you need after a severe brain injury. The brain injury attorneys at Rosenthal Law can provide you with the following services:
- Conducting a thorough investigation into the cause of your personal injury
- Gathering evidence on your behalf
- Compiling medical data to demonstrate the extent of your injury
- Employing expert witnesses who can testify on your behalf
- Filing timely legal claims on your behalf
- Determining the amount of your damages
- Negotiating a fair settlement amount
- If necessary, take your TBI case to court
Our Sacramento brain injury lawyers are advocates for your rights throughout the legal process. At Rosenthal Law, we can answer your legal questions and help you explore all types of compensation available to you and your family.
Is There a Time Limit to File a Brain Injury Case in Sacramento?
Victims of traumatic brain injuries in Sacramento have a limited amount of time to file lawsuits against the alleged negligent party in order to recover compensation. The California personal injury statute of limitations is two years from the date the injury occurs. This means that brain injury victims have a two-year window with which to file an injury lawsuit against the alleged negligent party.
If a victim fails to file a lawsuit within this time frame, they will lose the ability to recover any compensation for their losses. This is critical, because the full extent of a brain injury often does not become apparent until long after the initial incident occurs. By working with a skilled Sacramento traumatic brain injury attorney soon after a possible brain injury happens, victims will be much more likely to recover the full compensation they are entitled to.
What Compensation is Available After a Brain Injury?
With brain injury comes the likelihood of extensive loss of income, significant medical expenses, the progression of brain injury, and the need for ongoing care. Therefore, the damages pursued on behalf of brain injury victims and their loved ones often include the following:
- Medical bills including acute medical treatment, continuous physical and occupational therapy, medical equipment, medications, and home medical care
- Lost wages and loss of income
- Pain and suffering such as physical and emotional trauma, psychological counseling, the loss of enjoyment of life, reduced capacity, and loss of companionship
- Property damage if there was an accident
- Punitive damages, if applicable
- Funeral costs if the injury led to death
If a brain injury led to the death of a loved one, you may also explore filing a wrongful death claim with the help of a wrongful death lawyer in Sacramento.
How Compensation for a Brain Injury is Calculated
There is no set amount of compensation available to victims of traumatic brain injuries in Sacramento. Rather, the total amount of compensation awarded from the individual or insurance company will vary depending on the facts surrounding each particular situation. For example, some of the factors that influence total compensation include:
- The severity of the brain injury
- The amount of physical therapy and rehabilitation the victim needs
- Whether there need to be any adjustments to a home or vehicle to aid in mobility
- The total amount of time an injured person misses from work
- Whether or not a victim is able to return to their job at all
- The total out-of-pocket expenses a victim incurs due to the injury
We will also need to look at whether or not the alleged negligent party was grossly negligent or intentionally caused the injury. In these cases, punitive damages may be awarded, which could increase the total compensation a victim receives.
When we turn to data available from the Family Caregiver Alliance and the Brain Injury Association of America, we can see that the lifetime expected medical costs for brain injury victims can be as high as $4 million. The data sets also show us that victims typically require extensive rehabilitation, which can include physical therapy and long-term care, with costs reaching $200,000. The average daily cost of treating a traumatic brain injury victim in the hospital is $8,000.
We must also mention comparative negligence laws when discussing brain injury cases. If a brain injury victim in some way was partially responsible for the incident that caused their injury, then they should still be able to recover compensation for their losses under California’s pure comparative negligence laws. However, the total amount of compensation they receive will likely be reduced based on their percentage of fault. For example, if a person sustained a brain injury as a result of being struck by a drunk driver and was awarded $1 million in total compensation, but a jury determines that the victim was 20% responsible for the injury because they failed to use a turn signal, then they will receive $800,000 in total compensation instead of the full $1 million.
The Cost to Family Members
One of the most overlooked aspects of the total costs of a brain injury are the expenses borne by the family members of the injury victim. Unfortunately, these injuries often mean that family members become full-time caregivers. This could require that a family member leave their job permanently in order to provide the necessary in-home care. When this happens, the household has potentially lost two incomes – the income of the brain injury victim as well as the income of the new caregiver.
Aside from the monetary losses sustained by a brain injury victim and their family, we must also acknowledge that family members will also sustain significant emotional and psychological trauma. Brain injuries sometimes completely alter the personality or memories of the victim, and these injuries can also prevent a victim from interacting with their family or from being able to participate in everyday activities, such as playing with their children or parents. When working to calculate the total costs of a brain injury, it is important to take into account how the injury affects everybody involved.
What Are the Different Types of Brain Injuries?
There are two types of brain injuries, acquired and traumatic. Acquired brain injuries are the result of medical malpractice or conditions such as stroke, infection, or cerebral palsy. An external force or head trauma causes traumatic brain injuries.
A brain injury is considered mild, moderate, or severe. A mild traumatic brain injury involves an impact to the head where the skull is left intact. A severe traumatic brain injury leaves the skull open or fractured upon impact.
- A mild brain injury includes a concussion with little or no time spent unconsciousness
- A moderate brain injury may consist of up to 24 hours spent in an unconsciousness state
- A severe brain injury may involve 24 hours or more of unconsciousness, and residual effects upon regaining consciousness
Our firm handles every type of brain injury that a person could sustain due to the negligence of others, including:
- Concussions. This is a mild form of a traumatic brain injury, and occurs when the brain sustains a blow to the head or the body is jolted back and forth, resulting in the brain pushing against the inside of the skull.
- Contusions. This is a bruise (bleeding) on the brain that occurs as a result of a direct impact to a person’s head. This type of injury can cause swelling as well as a clot or hematoma, which is bleeding in the brain that collects in a certain area. Surgical intervention is often necessary for large contusions on the brain.
- Coup-countercoup injury. This type of brain injury occurs when a forceful impact causes multiple contusions on the brain. This occurs when the brain impacts one part of the skull and then rebounds and strikes the other part of the skull.
- Diffuse axonal injury. Anytime a person sustains a significant blow to the head, the structures and nerve tissues located throughout the brain tear due to the shaking or rotation of the impact. These injuries can result in widespread brain damage, often leading to a coma or death of the victim.
- Penetration injury. Penetrating injuries occur when a foreign object or a piece of bone enters the skull area and causes damage to the brain.
What are Common Causes of Brain Injuries?
Common causes of traumatic brain injury include:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Falling objects
- Pedestrian accidents
- Workplace accidents
- Sports accidents
- Bike accidents
- Motorcycle accidents
A head injury can affect a victim’s ability to walk, talk, and manage simple daily tasks. The location and extent of a brain injury could permanently impact a victim’s motor functions, senses, cognitive abilities, memory, emotional disposition, and psychological state.
Symptoms of a Traumatic Brain Injury
When analyzing the symptoms of a head injury, we will see that the severity of the injury plays a significant role. At Rosenthal Law, we regularly help clients who have sustained both mild and severe traumatic brain injuries.
Mild Traumatic Brain Injury Symptoms
A mild traumatic brain injury is often referred to as a concussion, and these head injuries are particularly common amongst those who play sports. Usually, a concussion will change a person’s mental status or result in a loss of consciousness that can last for a few minutes or up to half an hour. Generally, concussions reveal no obvious damage on a CAT scan or an MRI. However, concussion victims can still suffer from a range of temporary symptoms and complications, including the following:
- Slurred speech
- Vision problems
- Sensitivity to light and sound
- Changes in taste or smell
- Memory loss
- Loss of concentration
- Loss of balance
Most concussion victims will not experience every one of these symptoms, and concussion victims generally make a full recovery. However, it is important to note that concussion victims must receive prompt medical care and avoid strenuous activities in order to make a full recovery. Successive concussions could result in a person sustaining a more serious traumatic brain injury.
Severe Traumatic Brain Injury Symptoms
Moderate to severe traumatic brain injury victims often suffer from many of the same symptoms described above, though these symptoms will likely not be as short-term as the symptoms experienced by someone who sustains a concussion. The impact of a severe traumatic brain injury on a victim will depend on the severity of the initial injury as well as the effectiveness of the medical treatment a person receives. Unfortunately, severe TBI victims often suffer from a permanent loss of cognitive and sensory functions. This can include problems with the following:
- Language processing
Victims who sustain severe traumatic brain injuries can also suffer from a range of psychological and emotional issues, including emotional dependence problems, irritability, aggression, depression, rapid mood swings, and a lack of motivation. Finally, victims of severe traumatic brain injuries regularly suffer from significant physical deficiencies. This can include, but is not limited to, the following:
- Partial or complete paralysis
- Muscle spasticity
- Loss of bladder and bowel control
- Chronic pain
- Problems regulating body temperature
- Loss of appetite
The treatment of traumatic brain injuries will vary depending on the facts and circumstances surrounding each particular situation. Some traumatic brain injury victims are able to make complete or nearly complete recoveries after undergoing extensive rehabilitation and physical therapy. However, many traumatic brain injury victims require lifelong medical and in-home care as a result of the injury and their subsequent disabilities.
Contact Our Law Office Today
Brain injury cases are complicated, and determining the amount of compensation needed to sustain a victim for a lifelong injury takes experience, skill, and expertise. At Rosenthal Law, our law firm has a track record of success in complex liability and complex personal injury cases. Meet with a Sacramento brain injury lawyer from our law office for a free consultation to discuss your rights and terms. We can help with your brain injury lawsuit.