Traumatic brain injuries (TBI) are serious medical conditions that occur after surviving a blow to the head. These injuries may vary in intensity and symptoms but are all significant conditions that may warrant a lawsuit.
You may be able to file a personal injury claim against the parties that contributed to your injury. While this cannot take back the pain and suffering, financial compensation may help you to move forward.
Read further to understand your rights in a traumatic brain injury accident. Note, in all scenarios, it is best to discuss your case with a professional. Our Los Angeles personal injury trial lawyers are available to speak on your individual case if further questions arise.
What are the Most Common Causes of TBI?
In 2019 alone, TBIs contributed to 223,135 hospital admissions, proving the severity behind these types of cases.
Traumatic brain injuries can occur under a variety of different circumstances, including but not limited to the following:
- falls including premise liability incidents
- sports injuries
- motor vehicle accidents
- combat injuries including explosions
- violent acts including assault with or without weapons
- other penetrating wounds such as collisions
Understanding your rights in these types of accidents will allow you to proceed accordingly. Regardless of the severity of your TBI, it is worth consulting a personal injury lawyer in Orange County. Law firms specializing in personal injury cases can advise you on whether or not it is worth settling or moving to trial.
Premise Liability
Traumatic brain injuries can easily occur on someone else’s property. It is the duty of a premise owner to thoroughly protect their property to prevent these accidents from occurring. Some examples of a TBI resulting from a premise liability accident include:
- slip and falls
- inadequate security or barriers
- fallen objects
- other hazardous conditions such as poor lighting
A property owner who is aware of a hazard must take reasonable steps to address it. Failure to do so can allow TBI victims to file a premise liability claim.
These types of claims require proof that the property owner breached their duty to provide a safe environment. Further, they will need sufficient proof that the TBI was a direct result of this failure.
An example of a premise liability case is the Travis Scott Astroworld tragedy. Due to the lack of security precautions, the crowd surge resulted in numerous injuries. Some individuals were trampled, resulting in concussions and other serious trauma. Had the parties involved in the creation of the concert taken more action, many of these injuries could have been prevented.
If you suffered a traumatic brain injury on someone’s property, you may be able to hold them legally responsible. A personal injury lawyer in Los Angeles will be able to provide guidance on how to pursue a premises liability claim.
Sports Injuries
Sports-related brain injuries may be cause for a personal injury lawsuit, however, they are more complex. Depending on the circumstances, an athlete may be able to sue their coach, organization, or even another player for their sports-related brain injuries.
An example of this would be if the organization failed to provide the proper equipment needed to protect the players from a TBI. Similarly, if an opponent knowingly engaged in intentionally reckless behavior there may be grounds to file a claim.
Sports carry inherent risks, meaning the participants knowingly agree to participate in the activity despite the potential of getting hurt. Further, many organizations require waivers to be signed which ultimately proves that the players are willingly participating despite the risk.
As discussed in the Gwenyth Paltrow case, participation in skiing and other sports carries apparent risk. This makes it difficult for participants to sue another individual.
The best personal injury lawyer in Los Angeles will fight on your behalf to prove negligence in your case.
TBI Caused by Motor Vehicle Accidents
TBI is also commonly caused by motor vehicle accidents during which a victim’s head is struck. From 2002-2006 motor vehicle injuries were the leading cause of TBI-related death, and the issue is still prevalent today. This can be amplified in motorcycle accidents, which is why a helmet is required by law in the state of California.
Similar to other injuries, a TBI lawsuit will prove the driver’s negligence contributed to the car accidents and subsequent injuries. For example, if a motorist was texting while driving and caused a crash and that crash resulted in a concussion, then they may be sued for their negligence. Similarly, if a driver recklessly sped in hazardous weather conditions and collided with a pedestrian,the TBI victim of the auto accident may have grounds for a personal injury lawsuit.
A car crash lawyer understands the details of personal injury claims and can help you receive financial compensation for your injury.
TBI in Veterans
Due to the nature of their work, around 20.5% of veterans have been exposed to some form of traumatic brain injury. While all TBIs require adequate treatment, military personnel especially should be well-vetted before returning to combat. Traumatic brain injuries can reduce their ability to act timely and accordingly in dangerous scenarios.
While these service members understand their occupational risk, in some cases there may be grounds to file against the military if the U.S. government acted negligently in the treatment of the TBI or contributed to the injury. TBI is a serious issue amongst the veteran population and should be addressed accordingly.
Other Circumstances
As mentioned above, other forms of physical trauma may contribute to a traumatic brain injury. Circumstances like domestic abuse or firearm injuries can be subject to a lawsuit. However, these cases often fall under criminal statutes as opposed to civil ones.
Medical malpractice may also contribute to traumatic brain injuries if the medical professional acted negligently. Again, these claims are not black and white and should be discussed with a lawyer well-versed in personal injury laws.
If you received a traumatic brain injury at the hands of another, our contingency lawyers will provide a free consultation. They will be able to determine whether your case is eligible for a personal injury claim.
TBI Wrongful Death Claims
In extreme cases, a traumatic brain injury may lead to death if not properly treated. In these cases, the families of a victim can file a wrongful death claim against the parties who caused the TBI.
Unfortunately, due to the effects of a traumatic brain injury, victims are 1.55 to 4.05 more likely to commit suicide. While these cases are highly sensitive and more complex, families of a victim may be able to hold another party responsible. In some cases, an individual’s negligence in causing or treating the TBI may hold them accountable for the death by suicide.
Our Southern California wrongful death attorneys will listen to your story and help you receive justice for your loved one. We understand the emotions and grief surrounding these cases. Let us handle the legal process so you can focus on taking care of yourself.
In a wrongful death case, families of deceased loved ones may receive compensation for:
- TBI treatment and other medical bills
- funeral costs
- pain and suffering
Again, these claims will depend on the type of incident that contributed to the TBI-related death. The parties you are able to file against will vary accordingly.
If you choose to pursue legal action, a wrongful death lawyer will be by your side every step of the way. John J. Perlstein regularly handles wrongful death lawsuits and will work with you to decide the best course of action.
Best Personal Injury Attorney – Orange County, Los Angeles and Surrounding Areas
Unfortunately, a TBI can have ongoing negative implications on one’s quality of life. A split-second lapse of judgment or care can lead to a life alternating injury. The best thing a victim can do is receive treatment for their physical and mental health to help them recover.
Once you are cared for, you should immediately contact an Orange County personal injury lawyer to file a claim. Victims of a traumatic brain injury accident deserve to be compensated for all they have lost at the hands of another. John J. Perlstein will fight relentlessly for justice for any personal injury or wrongful death victim.
Call us today for a free consultation with the best personal injury attorney in Los Angeles.