Long-Term Impacts of Traumatic Brain Injuries Caused by Accidents
Traumatic brain injuries (TBIs) are among the most devastating injuries you can experience. These injuries often lead to life-long profound physical, cognitive, and emotional challenges that can affect your day-to-day activities, employment opportunities, and quality of life. If you have suffered a traumatic brain injury due to an accident, consider consulting an experienced personal injury attorney who can help you understand the long-term impacts.
At the Law Offices of Steven Zwick, we understand the consequences of traumatic brain injuries (TBIs) caused by accidents. Managing these injuries can be overwhelming, not only for you but for your families. Our experienced attorneys can help you understand your rights under California law after a TBI and how to pursue compensation for your long-term damages.
What Are Traumatic Brain Injuries?
Traumatic brain injuries occur when a sudden force or trauma impacts the head and disrupts the normal functioning of the brain. This damage may result from a variety of accidents, including car accidents, slip and fall incidents, bicycle crashes, and workplace injuries. TBIs can range from mild concussions to severe injuries that can lead to permanent or long-term impairments.
Depending on the circumstances of your injury, some of the common symptoms of TBIs can include memory loss, difficulty concentrating, mood swings, chronic headaches, and motor coordination issues. Even so-called “mild” TBIs can lead to long-term complications if left untreated. In some cases, severe TBIs may require extensive medical care, rehabilitation, and ongoing therapy to regain even partial independence.
The Long-Term Impacts of Traumatic Brain Injuries
The brain controls nearly every aspect of the human body and emotion. When the brain is injured, these functions can be disrupted, often requiring ongoing medical care and adaptations to your daily life. The primary long-term impacts that frequently accompany traumatic brain injuries include the following:
Physical Impacts
Many TBIs result in some form of permanent physical disability. Depending on the severity of the injury, you may experience coordination problems, seizures, chronic pain, or paralysis. Everyday tasks such as walking, driving, or even simple movements may become difficult or impossible. These changes often require long-term medical care, assistive devices, and specialized treatment, all of which are costly.
Cognitive and Emotional Impacts
TBIs often result in significant cognitive impairments, including memory loss, attention deficits, and difficulty with problem-solving. You may also experience emotional and behavioral changes, such as anxiety, depression, or sudden mood swings. These changes can strain your relationships with family and friends, affecting both you and your loved ones.
Financial Burdens
The financial implications of TBIs can be staggering. You will often face substantial medical bills for hospital stays, surgeries, medication, physical therapy, and psychological counseling. Additionally, you may be unable to return to work, resulting in lost income or diminished earning capacity. Your family may also bear the financial strain of modifying your home, paying for in-home care, or moving you to an assisted living facility.
Potential Compensation for Long-Term Damages
If you have suffered a traumatic brain injury due to an accident or someone else's negligence, you have the right to file a claim to pursue compensation. Under California law, you can pursue both economic and non-economic damages, including but not limited to:
Medical expenses: You can pursue compensation for emergency medical care, hospital stays, ongoing treatments, rehabilitation, physical therapy, prescriptions and medication, and necessary assistive devices.
Lost wages and earning capacity: You can pursue compensation as reimbursement for lost income due to time spent away from work or lost earning capacity if you are unable to return to your previous job or find work in your previous industry.
Pain and suffering: In some cases, you can pursue compensation for non-economic damages for the physical pain and emotional trauma you experienced because of the accident and the resulting injury.
Loss of enjoyment of life: In some cases, you can pursue compensation for the inability to participate in the activities and experiences that once brought you joy.
In some cases, you may also be entitled to pursue punitive damages against the at-fault party if the injury resulted from exceptionally reckless behavior, such as driving under the influence, ignoring safety regulations, or deliberately engaging in dangerous activities.
California Laws Governing Traumatic Brain Injuries
Under California law, you can pursue compensation for your injuries if they were caused by an accident due to another party’s negligence. Whether the accident involved a negligent driver, an unsafe property condition, or another form of negligence, it is critical to establish liability to recover damages.
California follows a “comparative fault” system, meaning that even if you are partially at fault for the accident, you can still recover a percentage of compensation proportionate to the other party’s negligence. For example, if you were awarded $100,000 in damages and were found to be 20% at fault for the accident, you could still recover $80,000.
To pursue a TBI claim in California, you must prove that the other party breached their duty of care and that this breach directly caused your injury. You must also file a personal injury claim within California’s statute of limitations, which is generally two years from the date of the accident. However, this decreases to six months in cases involving public entities.
Contact Our Experienced Attorneys Today
If you have suffered a traumatic brain injury (TBI) following an accident in Southern California, you have the right to pursue compensation for your injuries. However, it's important to understand the long-term impacts of these injuries first, so you can advocate for adequate compensation to cover your medical care and rehabilitation.
At the Law Offices of Steven Zwick, we have years of experience handling TBI claims, and we understand the lasting toll these injuries have on you and your loved ones. If you or someone you love is suffering from the long-term impacts of a traumatic brain injury caused by an accident, contact our firm today to schedule a free consultation.
We represent clients across Orange County, California, including but not limited to Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Woods, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.