A traumatic brain injury, or TBI, is one of the most serious and life-altering consequences of an accident. According to the Centers for Disease Control and Prevention (CDC), there were over 69,000 TBI-related deaths in the United States in 2021 alone, and more than 214,000 TBI-related hospitalizations in 2020. Motor vehicle crashes are among the leading causes. For survivors, a TBI can affect every aspect of daily life from the ability to work and communicate to emotional stability and personal relationships.
If you or a loved one has suffered a brain injury in an accident caused by someone else’s negligence, understanding the medical and legal dimensions of your injury is critical to pursuing fair compensation.
What Is a Traumatic Brain Injury?
A TBI occurs when a sudden external force disrupts the normal function of the brain. This can result from a direct blow to the head, a violent jolt that causes the brain to strike the inside of the skull, or a penetrating injury. TBIs are classified by severity into three categories.
Mild TBI (concussion). Mild TBIs are the most common and may involve a brief loss of consciousness, confusion, headaches, dizziness, or difficulty concentrating. While the label “mild” suggests a minor injury, many concussion victims experience symptoms that persist for weeks or months, a condition known as post-concussion syndrome. Insurance companies often try to downplay these injuries, but the reality is that even a mild TBI can significantly disrupt your ability to work and function normally.
Moderate TBI. A moderate TBI typically involves a longer period of unconsciousness (minutes to hours), more pronounced cognitive impairment, and a longer recovery timeline. Victims may experience persistent memory problems, mood changes, and difficulty with executive function.
Severe TBI. Severe TBIs can result in extended unconsciousness or coma, permanent cognitive and physical disabilities, and in the most devastating cases, a persistent vegetative state. The lifetime cost of care for a person with a severe TBI can reach millions of dollars.
Common Causes of TBIs in California
TBIs occur across a wide range of accident types, but certain incidents carry a particularly high risk of brain injury.
Car accidents and truck collisions are leading causes, especially high-speed crashes, rollovers, and incidents where the victim’s head strikes the steering wheel, window, or dashboard. Motorcycle accidents are also disproportionately dangerous because riders lack the structural protection that enclosed vehicles provide.
Pedestrian accidents and bicycle crashes frequently result in TBIs as well, particularly when a pedestrian or cyclist is struck by a vehicle traveling at moderate to high speed. Slip and fall accidents, especially those involving elderly victims are another significant source of brain injuries, with falls being the single leading cause of TBI-related hospitalizations nationwide.
Symptoms That May Indicate a Brain Injury
One of the challenges with TBIs is that symptoms do not always appear immediately. It is common for accident victims to feel “fine” at the scene, only to develop worsening symptoms over the hours or days that follow. This is one of the reasons why seeking medical attention immediately after any accident is so important.
Symptoms of a TBI may include persistent headaches, dizziness or balance problems, nausea or vomiting, blurred vision, ringing in the ears, sensitivity to light or noise, difficulty concentrating or remembering, mood swings, irritability or depression, fatigue, and sleep disturbances. Some of these symptoms may not be visible on standard imaging. For more on this topic, see our article on why some injuries don’t show up on X-rays or CT scans.
The Long-Term Impact of a TBI
Even when a TBI does not require surgery, its long-term effects can be profound. Many TBI survivors struggle with cognitive deficits that make it difficult to return to their previous jobs. Emotional and behavioral changes; including increased anxiety, depression, and difficulty regulating emotions can place enormous strain on family relationships. Some victims require ongoing neuropsychological therapy, cognitive rehabilitation, and medication management for years after the initial injury.
In cases involving catastrophic injuries, victims may need full-time caregiving assistance, home modifications, and adaptive technology. Calculating the true cost of a severe TBI requires careful analysis of both current and future medical needs, lost earning capacity, and the profound non-economic toll the injury has taken. Our guide on economic vs. non-economic damages explains how these losses are categorized under California law.
Pursuing a TBI Claim in California
Brain injury cases are among the most complex personal injury claims because proving the full extent of the injury, and its connection to the accident often requires testimony from neurologists, neuropsychologists, and life care planning professionals. Insurance companies frequently challenge TBI claims by arguing that symptoms are exaggerated, pre-existing, or unrelated to the accident.
A San Diego TBI lawyer who has handled brain injury cases understands how to build a claim that accounts for every dimension of the injury. Attorney Elliott Kanter has more than 45 years of experience representing accident victims throughout California, including clients in El Cajon and across San Diego County. If you or a family member has suffered a brain injury in an accident, contact our firm for a free consultation to discuss your case and your options.
Founding Attorney
Elliott N. Kanter
Attorney Kanter’s drive comes from a lifelong desire to help people through difficult times. Early in his career, he discovered a passion for litigation, and he’s dedicated his practice ever since to criminal defense and personal injury law. His willingness to communicate with the other side, paired with his ability to connect with juries, has earned him lasting respect in San Diego’s legal community.
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