Sacramento Traumatic Brain Injury Attorney

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If the negligent actions of another caused you to sustain a traumatic brain injury (TBI), you may qualify to file a personal injury claim against that party to hold them accountable. TBIs can have profound and lasting impacts on an individual's life, affecting everything from cognitive function to physical abilities. Understanding your rights and options is crucial.

At Kershaw Talley Barlow, our brain injury attorneys understand that nothing can right the wrong that was done to you, but we will pursue justice on your behalf to fight for your rightful compensation so you can be recompensed for any damages related to your injury. Our team is passionate about and motivated by helping clients improve their lives and heal from their injuries. Our belief is that every client deserves personalized legal representation tailored to their specific situation. You can trust our nationally-recognized brain injury lawyers to give your claim a strong chance at reaching a favorable outcome.

Call our traumatic brain injury attorneys in Sacramento at (916) 520-6639.

Causes & Symptoms of Traumatic Brain Injuries

A TBI occurs when the head or body experiences a violent blow or jolt, causing brain dysfunction. They can result from a catalog of accidents, including falls, construction site accidents, car and truck accidents, and more. In some cases, penetrating objects can also cause a TBI; for instance, soldiers may suffer TBIs if hit with shrapnel. Depending on the cause, the treatment and recovery process can vary greatly, making early diagnosis vital.

The severity of the injury and physical trauma on brain function ranges from mild to severe. This categorization may be misleading, however, as even mild TBIs (often referred to as concussions or mTBIs) can lead to temporary brain dysfunction and have life-changing consequences when left untreated.

Symptoms of a TBI include:

• Fatigue
• Tinnitus
• Headache
• Nausea or vomiting
• Dizziness or loss of balance
• Disorientation and confusion
• Difficulty retaining new information
• Brief loss of consciousness for 30 minutes or less
• Inability to remember events immediately before/after the accident

Moderate and severe TBIs can cause bruising, torn tissues, bleeding, and other permanent physical damage resulting in long-term complications or even death. Some other symptoms of these TBIs include:

• Significant confusion
• Seizures or convulsions
• Weakness in the extremities
• Inability to wake up from sleep
• Uncontrollable nausea and vomiting
• Persistent or worsening headaches
• Cerebral spinal fluid (CSF) drainage from nose or ears
• Loss of consciousness lasting between minutes and hours

How Long After a Brain Injury Do Symptoms Appear?

The appearance of symptoms after a brain injury can vary significantly depending on the type and severity of the injury. In some cases, symptoms may appear immediately or within a few hours after the incident. However, in other instances, it might take days, weeks, or even longer for symptoms to become noticeable. Delayed symptoms can be particularly dangerous, making continuous observation essential.

It is essential to seek medical attention promptly after any head injury, even if symptoms seem minor at first. Some brain injury symptoms may worsen over time, and a healthcare professional can provide a proper evaluation, diagnosis, and treatment plan. Early intervention can significantly impact recovery outcomes and ensure the best possible care for the individual affected.

Types of Traumatic Brain Injuries

Traumatic brain injuries (TBIs) can vary in their nature and severity, each presenting distinct challenges and implications for the affected individuals. A comprehensive understanding of these differences can aid in creating an appropriate treatment plan and can influence the legal strategy for claims.

Some common types of traumatic brain injuries include:

• Concussion: A mild TBI often caused by a blow to the head or violent shaking, resulting in temporary unconsciousness or confusion. Symptoms may include headaches, dizziness, and memory issues. 
• Contusion: This type involves bruising of the brain tissue, typically occurring at the site of impact. Contusions can lead to localized symptoms and may require medical intervention. 
• Penetrating Injury: Caused by an object penetrating the skull and brain, such as a bullet or shattered bone fragment. These injuries often result in severe and localized damage. 
• Diffuse Axonal Injury (DAI): A shearing effect on nerve fibers within the brain due to rapid acceleration or deceleration, commonly seen in car accidents or severe falls. DAI can lead to widespread brain damage and neurological impairments. Such injuries may not be visible on a standard MRI or CT scan.
• Coup-Contrecoup Injury: This occurs when a blow to the head is forceful enough to not only injure the side of impact (coup) but also cause the brain to hit the opposite side of the skull (contrecoup), resulting in two areas of damage. Comprehensive medical evaluation is needed to manage these complex injuries.
• Second Impact Syndrome (SIS): If a person sustains a second TBI before recovering from the first, it can lead to SIS, a rare but life-threatening condition with rapid brain swelling. 

Understanding the different types of traumatic brain injuries is crucial for timely diagnosis and appropriate medical treatment. Early intervention and rehabilitation play vital roles in improving outcomes and the quality of life for individuals dealing with these injuries.

California Brain Injury Laws & Regulations

California has specific laws and regulations regarding brain injuries, particularly concerning negligence and liability. It's important for victims in Sacramento and throughout California to understand that state laws require the filing of claims within the stipulated statute of limitations, which is typically two years from the date of the incident. Failure to adhere to this timeline can lead to losing the right to seek compensation.

Moreover, California follows a comparative negligence rule, meaning that if the injured party is found to be partially at fault, their compensation may be reduced by their percentage of fault. This emphasizes the importance of consulting knowledgeable lawyers who can navigate these complexities and provide guidance based on the latest legal standards, enhancing the likelihood of a favorable outcome.

Benefits of Hiring a Local Sacramento Brain Injury Lawyer

Choosing a local Sacramento brain injury lawyer for your claim offers several advantages. Local attorneys thoroughly understand regional legal trends and have established relationships with local courts and judges. This familiarity can be invaluable in effectively strategizing and handling your claim, ensuring it aligns with local practices and expectations. Additionally, a local legal team is more accessible for face-to-face meetings, enhancing communication and allowing for a more detailed understanding of your situation. This accessibility ensures that you are consistently informed and that your legal team is fully responsive to any questions or concerns that arise.

Frequently Asked Questions

What Are Common Long-Term Effects of a TBI?

Long-term effects of a traumatic brain injury can vary widely, depending on the injury's severity, treatment quality, and rehabilitation efforts. Common issues include cognitive challenges such as memory loss or difficulty concentrating, emotional disturbances including depression or anxiety, and physical symptoms like chronic headaches or dizziness. Some individuals may experience changes in behavior or personality, which can impact relationships and social interactions. Long-term care strategies often involve a combination of medical treatment, psychological support, and occupational therapy to help patients regain functionality and adjust to life post-injury.

Can I Pursue a Brain Injury Claim if Symptoms Appear Later?

Yes, you can pursue a brain injury claim even if symptoms appear later. It's not uncommon for some symptoms to manifest days, weeks, or even months after the initial injury. In California, while the standard statute of limitations is two years, there are circumstances under the discovery rule where this timeframe can be extended. If symptoms and injuries become apparent after the event, it’s crucial to contact a legal professional promptly to assess your position and ensure your rights are protected. Timely legal advice will help you gather necessary evidence and navigate the complexities of delayed symptom onset within the legal framework.

How Does a Brain Injury Affect Everyday Life?

A brain injury can significantly impact everyday life by affecting both cognitive and physical functions. Daily activities may become challenging due to issues such as memory loss and difficulty concentrating, leading to difficulties in personal and professional settings. Some individuals may experience changes in sleeping patterns, mood swings, or difficulties with speech and motor skills, all of which can result in a dependency on others for routine tasks. The cumulative effect on independence can be profound, necessitating adjustments and support from therapy, family, and medical professionals to help manage these challenges effectively.

Should I File a TBI Claim?

Filing a claim is a viable option for individuals who sustained TBIs due to the actions of another. Since these injuries have a significant negative impact on victims’ lives, pursuing a claim often provides them with a much-needed and well-deserved sense of closure. Furthermore, a successful claim will carry with it a payout for damages related to the accident, such as the following: 

• Loss of income
• Cost of disability
• Pain and suffering
• Medical expenses and hospital bills
• Loss of companionship with a spouse (if applicable)

How Long Do I Have to Pursue a Brain Injury Lawsuit?

Like other types of personal injury claims, brain injury claims are subject to a legal time limit commonly known as a “statute of limitations.” In California, the statute of limitations for pursuing a brain injury lawsuit is generally two years. This means you have a time window of two years from the date of the injury to file a lawsuit in court. Understanding this timeline is crucial, as exceeding it can nullify the opportunity to seek justice. It is crucial to be aware of this time limit, as exceptions to the statute of limitations are rare and often difficult to prove. However, there may be certain circumstances that could toll or pause the statute, such as delayed discovery of the injury or if the injured person is a minor. Consulting with a legal professional will help navigate these potential exceptions.

Is It Worth It to Hire an Attorney for a TBI Claim?

If you are concerned about the legal stress associated with a claim, hiring an attorney might be the perfect solution for you. An attorney will handle all the legal aspects of your injury while you focus on your health. Our team is dedicated to relieving clients of this burden, allowing them to concentrate on recovery.

Contact our Sacramento traumatic brain injury lawyers online or by calling (916) 520-6639 for a free consultation. 

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