Brain Injuries

San Diego Brain Injury Attorney

The brain is arguably the most important organ in the human body. It’s in charge of many essential functions, such as moving, thinking, and even feeling. 

If you or a loved one has been involved in an accident that led to a brain injury, The Law Office of Elliott Kanter can help. Our legal team is highly experienced in navigating the many intricate layers that a brain injury case can have, and with our assistance, you may be able to recover damages that could help you get through this moment financially.

Call The Law Office of Elliott Kanter for a free consultation and to find out more about how we can assist you.

Types of Head Injuries

Head injury is one of the most common causes of disability and death for adults in the US. There are many different types of head injuries a person can suffer, which can present with varying degrees of severity.

Some types of head injuries can include:

• Concussions - occurs when the brain is shaken and hits against the cranium wall;
  

• Skull fractures - a broken piece of the skull, which can sometimes puncture the brain and cause bleeding;
  

• Contusion - also known as brain bruising, can lead to swelling or bleeding inside the brain;
  

• Intracranial hematomas - if there is bleeding inside the head, it can lead to the formation of blood clots. There are different types of intracranial hematomas depending on their location 
  

These types of head injuries can range from mild, which can completely heal with the right medical attention, to life-threatening, depending on the extent of the injury.

What Is Considered a Traumatic Brain Injury?

A Traumatic Brain Injury (TBI) is a diagnosis given when the head injury leads to the disruption of the normal function of the human brain. Often, a TBI is a complication of a head injury, in which the initial event that causes damage to the head worsens and starts affecting brain function.

For insurance, though serious, a skull fracture isn’t necessarily a TBI. The bone-breaking may not impact the functions of the brain, and with the right medical attention, the patient can make a full recovery.

Symptoms Of A Traumatic Brain Injury

The symptoms of a TBI usually depend on the severity of the injury, as does how long they last. Common symptoms for mild TBIs can include:

• Memory problems
• Confusion
• Disorientation
• Headaches
• Dizziness
• Blurred vision
• Ringing in the ears
• Nausea and vomiting
• Mood swings
• Difficulty sleeping
• Coordination problems, etc.
  

Moderate or severe TBIs can also showcase the previous symptoms, as well as:

• Loss of consciousness
• Slurred speech
• Seizures or convulsions
• Nose or ear bleeding
• Even vegetative states.
  

Some TBIs can display symptoms right after the traumatic event occurs but, unfortunately, this is not always the case. Many people don’t begin to show signs of a TBI until a few days or even weeks after they are injured.

Head Injury Causes 

TBIs usually occur when there is a direct blow to the head, or when the head is violently jolted and leads to the brain hitting against the inside wall of the skull.

The contexts in which a brain injury are varied. For reference, here are a few of the brain injury causes the legal team at The Law Office of Elliott Kanter Kanter have dealt with in the past:

• Car accidents - a common cause of TBIs is the impact of a car or motorcycle accident. These types of events can lead to any form of head injuries, regardless of the perceived severity of the event itself;
• Pedestrian accidents - similarly, pedestrian accidents can also lead to a TBI if the victim’s brain or head is affected in the process. Because the pedestrian is completely unprotected, TBIs in these cases are often severe;
• Slip and falls - a slip and fall is a common cause for TBIs. What’s more, these types of events can lead to a brain injury even if the head isn’t hit directly during impact. If your head shakes or jolts because of the fall, the brain can bump against the skull wall.
  

Can I Recover Compensation For My Brain Injuries?

Yes. Under Sand Diego’s comparative fault system, the law can assign responsibility to two or more parties, and even if you are given the highest percentage of fault, such as 55%, you can still recover 45% of the damages from the other party.

When you are injured in any kind of accident, you will likely have to file a compensation claim with the other party’s insurance company to get compensated. This can be the auto insurance company, homeowner’s insurance, company insurance, or others depending on who is at fault in your case.

During the claims process, you will have to present evidence and negotiate a settlement for your injury, which should include payment for:

• Medical bills (present and future)
• Mental health assistance
• Lost wages
• Other losses pertaining to your quality of life
  

Should I Hire An Attorney After A Brain Injury?

While you are not required, it would be best to work with a San Diego brain injury attorney at this time.

The very nature of a TBI is complex, and the insurance company may try to lower the settlement by poking holes in your cases. For instance, if you only reported to the hospital a few weeks after the accident, they could question why you waited, and argue you might have made your injury worse because of your own negligence. Though not enough to dismiss your case, such an argument could assign you a higher percentage of fault.

If you or a loved one have been involved in an accident and are trying to get compensation for a TBI, reach out to The Law Office of Elliott Kanter now for a free case consultation.