A traumatic brain injury (TBI) can have a significant impact on your life. These injuries affect a person’s cognitive abilities, physical coordination, and overall quality of life. The worst part is, most TBIs are caused by sudden, forceful events like a car accident. If you or a loved one has suffered a TBI due to someone else’s negligence, it’s important to understand your legal options and how a traumatic brain injury claim can help you secure the compensation you deserve. This blog provides an overview of what a TBI is, common causes of TBIs in California, the symptoms to watch out for, and the steps you can take to file a traumatic brain injury claim under California law.

What is a Traumatic Brain Injury (TBI)?

A traumatic brain injury occurs when an external force causes damage to the brain. This damage can result from a blow to the head, a sudden jolt, or an object penetrating the skull. TBIs are categorized based on their severity—mild (concussion), moderate, or severe. While mild TBIs may result in short-term symptoms, severe TBIs can lead to long-term disability or even death. If you’ve sustained a TBI due to an accident, it’s crucial to understand the full extent of the injury and how it may affect your life moving forward.

Common Causes of Traumatic Brain Injuries in California

California is a busy state with a variety of environments that can lead to traumatic brain injuries. Some of the most common causes of TBIs include:

Motor Vehicle Accidents

Motor vehicle accidents, including car, truck, and motorcycle accidents, are the most common cause of traumatic brain injuries in California. These accidents can occur due to various factors, such as speeding, distracted driving, driving under the influence of alcohol or drugs, or failing to follow traffic laws. The sudden force of impact in a collision can cause the brain to move within the skull, leading to bruising, swelling, and even long-term damage.

Motorcyclists and pedestrians are especially vulnerable to TBIs because they lack the protection of a vehicle. In California, with its heavy traffic and a high number of accidents, TBIs resulting from motor vehicle crashes are a significant concern, often leading to serious physical, emotional, and financial challenges for victims.

Slip & Fall Accidents

Slip and fall accidents are another leading cause of traumatic brain injuries, particularly in public spaces and workplaces. These accidents often happen when individuals trip over uneven surfaces, wet floors, poorly lit areas, or obstacles in walkways. In California, slip and fall accidents are common in grocery stores, shopping malls, hotels, restaurants, and on sidewalks that are not properly maintained.

The force of hitting the ground can cause a person’s head to strike a hard surface, resulting in a concussion or more severe brain injury. These types of accidents can happen to anyone, but older adults are particularly at risk due to weakened balance and bones, which make them more prone to falls. Victims of slip and fall accidents may experience not only physical pain but also long-term cognitive difficulties, depending on the severity of the TBI.

Workplace Accidents

Certain professions expose workers to a higher risk of head injuries, and workplace accidents account for a significant number of traumatic brain injuries in California. Construction workers, factory workers, and laborers in industrial settings face particular dangers, such as falling objects, heavy machinery accidents, and unsafe working conditions. In California, where the construction industry is booming, workers can experience traumatic brain injuries from falling from heights or being struck by tools and materials.

In addition, failure to follow safety protocols or lack of proper safety equipment, such as helmets, increases the risk. TBIs sustained in the workplace can have devastating consequences, leading to lost wages, long-term medical treatment, and permanent disability. California’s strict workplace safety regulations, enforced by OSHA, aim to reduce these risks, but accidents still occur.

Sports Injuries

Sports injuries, particularly in contact sports, are another common cause of traumatic brain injuries. In California, where youth sports are popular and concussions and other brain injuries are a frequent concern. Football, soccer, basketball, and hockey all carry a risk for head trauma, especially when players collide with one another or fall to the ground. Even non-contact sports such as cycling and skateboarding can result in head injuries, especially when athletes fail to wear proper protective gear, such as helmets.

Repeated concussions over time can lead to long-term health issues, such as chronic traumatic encephalopathy (CTE), a condition associated with progressive brain damage. Parents, coaches, and athletes must take precautions to reduce the risk of TBI, including proper training, protective equipment, and rules to minimize impact.

Assault or Violence

Physical attacks, whether domestic violence, assaults, or random acts of violence, can lead to severe head injuries. A punch to the head, a kick, or an object being used to strike the skull can cause the brain to move violently inside the skull, resulting in bruising, swelling, or even bleeding. Victims of assault often suffer not only physical injuries but emotional trauma as well, which can complicate their recovery.

In California, where both urban and suburban areas face higher crime rates, the risk of assault-related TBIs is a serious concern. The long-term consequences of a TBI caused by violence can be life-changing, often requiring extensive medical care and rehabilitation. Also, victims may need legal recourse to hold the assailant accountable and secure compensation for medical bills, lost wages, and pain and suffering.

Symptoms of a Traumatic Brain Injury

The symptoms of a TBI vary depending on the severity of the injury. They can range from mild discomfort to life-threatening conditions. Common symptoms include:

Mild TBIs (Concussions) Symptoms:

Headache
Nausea or vomiting
Dizziness
Blurred vision
Sensitivity to light or sound

Moderate to Severe TBI Symptoms:

Persistent headache
Seizures or convulsions
Difficulty speaking or slurred speech
Loss of coordination or balance
Memory loss or confusion
Loss of consciousness

If you experience any of these symptoms after an accident, it’s essential to seek medical attention immediately. Early diagnosis can significantly improve recovery outcomes. It’s important to understand that TBI symptoms may not always appear immediately after an accident. Some symptoms can develop hours, days, or even weeks later. For example, a mild concussion might initially feel like a minor headache. If left untreated, it can lead to complications such as post-concussion syndrome, where symptoms persist for months.

Severe TBIs can disrupt basic bodily functions, affecting speech, motor skills, and emotional regulation. In the most extreme cases, they can lead to permanent disability, coma, or death. Children and older adults are particularly vulnerable to long-term effects due to their developing or aging brains. Additionally, documenting your symptoms and medical care is vital if you plan to file a traumatic brain injury claim, as this evidence will support your case and help secure the compensation you deserve.

Filing a Traumatic Brain Injury Claim in California

If your traumatic brain injury was caused by someone else’s negligence, you may be eligible for compensation. Filing a traumatic brain injury claim allows you to seek damages for medical expenses, lost wages, and pain and suffering. Here are the key steps involved in filing a TBI claim:

Seek Medical Attention: First and foremost, prioritize your health. Visit a healthcare professional to diagnose the extent of your injuries.

Collect Evidence: Gather evidence from the accident scene, such as witness statements, photos, and police reports.

Consult an Attorney: It’s important to work with an experienced personal injury attorney who specializes in TBI cases to guide you through the legal process.

File Your Claim: Your attorney will help you file a traumatic brain injury claim against the responsible party, whether it’s an individual, organization, corporation, small company, etc.

Negotiate or go to Trial: Most claims are settled out of court, but if negotiations fail, your attorney will prepare to take your case to trial.

Traumatic Brain Injury Claim Statute of Limitations

In California, the statute of limitations for filing a personal injury claim is two years from the date of the accident. This means you have a limited window to take legal action, and failing to file within this timeframe can result in your case being dismissed. However, exceptions may apply in certain situations. For example:

If the victim is a minor, the statute of limitations may be extended until they turn 18.
If the injury was not immediately apparent, the clock may start from the date the injury was discovered.
Claims against government entities, such as those involving accidents on public property, often have shorter deadlines—typically six months.

The two-year timeframe underscores the importance of acting quickly. Evidence can degrade over time, witnesses may become harder to locate, and delays could jeopardize your ability to recover compensation. Navigating the legal complexities of a traumatic brain injury claim can be overwhelming, especially while dealing with the physical and emotional toll of a TBI. An attorney can provide invaluable assistance in several ways.

Legal Help With Your Traumatic Brain Injury Claim

Personal injury attorneys have a deep understanding of California laws and can identify the best strategies to strengthen your case. They can also ensure that all paperwork is filed correctly and on time. Deldar Injury Attorneys will work with investigators, medical experts, and accident reconstruction specialists to build a compelling case backed by solid evidence. We treat every client like family and ensure that you’re supported throughout the legal process.

By retaining an experienced attorney, you gain an ally who is dedicated to your recovery, both medically and financially. Nobody understands this more than our team of traumatic brain injury lawyers at Deldar. We know the unique challenges of California brain injury cases and are here to help you every step of the way. Acting quickly can make all the difference in the outcome of your legal claim, so don’t delay. Call us today at (844) 335-3271.