Proving Traumatic Brain Injury Liability

When an accident causes catastrophic brain injury, the victim and family face life-altering consequences. If the action of another person or entity caused or contributed to the incident, there may be liability for damages. Victims are often entitled to significant compensation after traumatic brain injury liability has been established. Our San Diego, CA, law firm works to prove liability for accidental injury, maximizing financial help for victims and families.

If your family is dealing with a devastating head or brain injury, we encourage you to reach out to our firm. Our attorneys are highly experienced and compassionate, and will do everything possible to help. 

About Traumatic Brain Injury

About 230,000 Americans are hospitalized with traumatic brain injury each year, and roughly 50,000 die from the condition. A sudden, strong blow to the head causes the brain to impact the inside of the skull. This can result in swelling, bruising, bleeding, and tearing of nerve fibers, leaving damage that may be permanent. The severity and resulting symptoms depend on the degree of damage and the specific brain area affected.

MRI showing brain injury in red

For many victims, life will never be the same. They may struggle with memory problems, learning difficulties, and emotional changes. In severe cases, brain trauma victims are no longer able to perform basic tasks and need around-the-clock care. Needless to say, the lives of their loved ones are forever changed as well.

Establishing Liability for the Injury

Head and brain injuries most often occur because of a slip and fall or severe traffic accident. Violent crime and sports activities are other common causes. In many of these cases, the act or negligent lack of action of another is the precipitating cause of the event.

In some cases, the fault for an accident is clear, such as when a drunk driver hits a pedestrian in a crosswalk. In other circumstances, the blame may be shared. California is a comparative fault state, so even if a victim is at least partly to blame for an accident, compensation can still be awarded.

In any catastrophic injury accident, an experienced attorney can ensure blame is placed exactly where it should be. Insurance representatives are not on the victim’s side, but our lawyers work specifically to protect our clients' interests.

It is important to contact an experienced lawyer as soon as possible, preferably before talking to insurance agents. Our investigative team does extensive field work to gather every type of relevant evidence, including witness statements, reports, and historical documentation. We also perform detailed accident reconstruction in many cases.

Slip and fall victims may not realize their accident could involve premises liability. If a safety hazard, such as a broken stair rail, causes an accident, the property owner may be responsible for resulting injuries and losses. There may also be liability if a victim is attacked on the premises of a business. A property owner who is aware of crime in the area should take steps to protect or properly warn customers. Taking a detailed look at the history of crime in the area is important in these cases. 

In any catastrophic injury accident, an experienced attorney can ensure blame is placed exactly where it should be. Insurance representatives are not on the victim’s side, but our lawyers work specifically to protect our clients' interests. 

Contact Our Firm

If you or your loved one has suffered traumatic brain injury, our firm would like to offer you a free consultation. We take cases on a contingency fee basis, so we charge no up-front fees. Please contact us today to speak to an attorney.