Traumatic brain injury (TBI) victims often suffer from serious physical, cognitive, and emotional challenges, not to mention the overwhelming financial burdens that come from medical expenses, lost wages, and a diminished quality of life. When victims or families file a traumatic brain injury (TBI) lawsuit in California, it’s essential to have a personal injury attorney and law firm on your side with expertise in handling catastrophic injury cases, specifically TBI, to maximize compensation.

What is a Traumatic Brain Injury (TBI)

A traumatic brain injury, or TBI, is a serious injury that can be caused by a forceful external blow to the head, a sudden jolt to the body, or a penetrating head injury. Directly impacting brain functionality, a TBI can lead to concussions, contusions, memory loss, and other catastrophic injuries or possibly death. From concussions to more severe brain damage, victims endure ongoing medical treatments, rehabilitation, and the need for long-term care. A TBI injury can be a primary brain injury, a serious medical issue that requires immediate professional attention, however, secondary injuries can also occur which are difficult to detect, harder to treat, and may have more long-term effects.

TBI is a major cause of death and disability. According to the Centers for Disease Control and Prevention (CDC), there were over 69,000 TBI-related deaths in the United States in 2021. About 190 people die from TBI-related injuries every day and those who do not die from TBIs can suffer permanent damage. The CDC reports that falls are the number one cause of traumatic brain injuries, accounting for a whopping 47% of TBI-related hospital visits and deaths in the United States in 2013 with children and the elderly most at risk for fall-related TBIs. About 190 people die from TBI-related injuries every day and those who do not die from TBIs can suffer permanent damage such as memory problems, loss of movement and sensation, cognitive difficulties, and emotional effects such as depression.

What to Prove in a TBI Lawsuit

If you or a loved one has suffered from a serious traumatic brain injury, you need a dedicated legal team with the time, talent, resources, and commitment to build a compelling case. Our traumatic brain injury attorneys help review your case, negotiate with insurance companies, and fight for the compensation you deserve. At Rodriguez and Associates, we understand the impact these devastating injuries have on TBI victims and are prepared to obtain the best possible compensation for each unique situation.

In California personal injury cases, the burden of proof lies with the plaintiff, who must establish that the defendant’s negligence caused the injury. To build a successful TBI lawsuit to maximize compensation, the following essential elements must be proved:

Key Elements to Prove:

Liability: Establishing fault is a critical step in a TBI lawsuit that involves gathering evidence such as witness testimony, expert analysis, accident reports, and key documentation that proves the defendant’s responsibility.
Causation: A successful case must demonstrate a direct connection between the negligent act and the TBI. Thorough investigation and documentation are required to show that the TBI occurred due to the defendant’s negligent actions.
Damages: To prove damages, the full extent of the TBI injury and its impact on the victim’s life, including medical expenses, ongoing care, and loss of income must be established. Non-economic damages such as pain, suffering, and emotional distress should also be considered.

Medical evidence and comprehensive records such as neurological evaluations and medical expert testimony are invaluable in demonstrating the severity of a TBI injury and its long-term effects. If the accident was work-related or occurred in a motor vehicle accident, it is crucial to gather accident reports, police investigations, and eyewitness testimony to strengthen a case. This evidence helps validate the connection between the defendant’s actions and the victim’s medical and long-term care needs.

Recoverable Damages and Additional Considerations for Maximizing Compensation

Understanding the types of recoverable damages in a TBI lawsuit is essential in receiving the full compensation that victims and their families deserve. Damages are categorized into economic, non-economic, and punitive damages that show the complete impact of the injury. These types of damages are crucial in maximizing compensation:

Economic Damages: Include tangible, out-of-pocket costs directly associated with the injury such as medical expenses, anticipated future care, surgeries, rehabilitation, medications, and special medical equipment. Economic damages address lost wages and reduced earning capacity should the victim be unable to return to work. These damages can also cover long-term care such as home modifications, caregivers, and other daily support.
Non-Economic Damages: These damages compensate for the life-altering effects of a TBI such as pain and suffering, emotional challenges, and loss of enjoyment in hobbies or family activities. Victims can also suffer emotional distress including anxiety, depression, or other mental health effects as a result of the injury, all of which can be included in non-economic compensation.
Punitive damages: These types of damages are awarded to address especially egregious conduct such as gross negligence and intentional harm. Unlike economic and non-economic damages, punitive damages are intended to punish the defendant and deter similar conduct in the future.

Accounting for all current and potential future costs, including long-term medical needs, rehabilitation, and non-economic damages, helps to maximize compensation and establish a complete claim. California law does not limit non-economic damages in personal injury cases which allows victims to receive full and just compensation reflective of the full scope of the injury.

Hiring the Right California TBI Attorney

Navigating a TBI claim without legal expertise can be challenging, especially while you are recovering from the impact of the injury and dealing with the initial shock. An experienced personal injury attorney can manage the legal complexities, negotiate with insurance companies, and advocate effectively for your best interests. Additionally, it’s important to understand the two-year statute of limitations for personal injury claims in California that governs the timeframe in which specific legal actions can be taken. A skilled attorney with experience handling TBIs and their long-term effects can ensure the timely filing of your case.

Our personal injury attorneys understand the complexities of TBI cases and work diligently to navigate the legal process, gather evidence, and advocate for the rights of TBI victims and their families to secure fair compensation for our clients. Our firm secured the largest motor vehicle accident verdict in Iowa history for a traumatic brain injury case, with a jury awarding $35,793,475. This landmark case involved severe injuries resulting from negligence, showcasing our dedication to achieving justice for our clients. Our expertise and commitment to excellence make Rodriguez & Associates a trusted ally in the fight for TBI victims’ rights.

Speak to Our California Brain Injury Attorneys Today

Traumatic brain injuries and subsequent lawsuits are uniquely complex and challenging. Our Bakersfield personal injury attorneys bring sophisticated knowledge of TBI’s to help you seek complete compensation for covering medical expenses, long-term care, lost wages, and non-economic damages. If you or a loved one have suffered a TBI due to someone else’s negligence, Rodriguez & Associates can provide the support and legal representation that you need through diligent preparation, evidence gathering, and expert negotiation.

Traumatic Brain Injury (TBI) Lawsuit in California