Many physicians say there is no such thing as a minor brain injury. Even “small” brain injuries like minor concussions can alter the way the brain functions. If you or a loved one has a brain injury you believe someone else caused, talk to the San Jose brain injury lawyers at Henshaw & Henry, PC. We are a trusted source of legal representation in San Jose and the San Francisco Bay Area.
Brain injuries can take the form of concussions, puncture wounds, hematomas, contusions, and motion-related injuries such as Shaken Baby Syndrome. They can happen as birth injuries or traumatic impact injuries in sports, falls, and car accidents. When the brain sustains an injury such as a collision with the inside of the skull, bleeding, swelling, or lack of blood or oxygen, it may not always fully recover.
Brain injuries are often catastrophic. In many cases, the survivor of a brain injury will never be the same. He or she might struggle with cognitive difficulties, such as memory problems or a short attention span. Brain injury survivors may also exhibit physical limitations or conditions such as cerebral palsy. The symptoms of a brain injury can last a lifetime and affect every aspect of a person’s life. If someone else’s negligence caused the injury, the victim may be entitled to various damages, including:
Medical costs can reach far into six figures when you calculate the lifelong expenses of a serious brain injury. These costs can include surgeries, doctor’s visits, live-in care, medical equipment, medications, and rehabilitative therapies.
If a brain injury permanently disables the victim, the victim may receive an award for the income he or she would have received in a lifetime were it not for the injury, on top of compensation for wages lost while in the hospital, during recovery, or because of legal matters.
A brain injury can adversely impact a victim’s life. It can make things that used to be simple, such as remembering names or riding a bike, a strenuous chore. The victim may be able to fight for compensation for the intangible loss of enjoyment of life.
A jury may decide pain and suffering amounts based on the impact of the brain injury on the victim’s life, the age of the victim, and the amount of daily pain or suffering he/she will experience.
No two brain injuries are identical. Each brain injury claim is equally unique. There are several factors that could affect the amount of compensation the courts or a judge deem you deserve. With a great team of San Jose brain injury attorneys, however, you can increase your odds of taking home maximum compensation for a catastrophic brain injury. To discuss how much your particular claim could be worth in San Jose, speak to the brain injury lawyers at Henshaw & Henry, PC. Call (408) 533-1075 to reach our local office, or submit our online intake form and we’ll get back to you as soon as possible.
The Centers for Disease Control and Prevention (CDC) reported that TBIs contribute to roughly 30% of all U.S. injury deaths, with 153 people dying daily from injuries that include TBI. The rate of TBI-related emergency department visits increased by 47% between 2007 and 2013.
In 2013, TBI was a diagnosis in 2.5 million emergency department visits and 282,000 hospitalizations. The highest hospitalization rates for TBIs were for individuals ages 75 or over. In 2012, almost 330,000 TBI related injuries were in children.
Falls are the most common cause of TBI. Other leading causes include intentional self-harm, motor vehicle crashes, impacts against an object, and assault.
People living with traumatic brain injuries (TBI) often have state and federal resources available to them by law. Like most states, California has passed laws that address TBI prevention, diagnosis, and treatment. California law requires the Department of Rehabilitation to offer individual service plans for people with acquired TBIs. At least 22 states offer Medicaid Home- and Community-Based Services for patients with brain injuries. These waivers are active in 47 states and the District of Columbia. They provide affordable services to people who are at risk of institutionalization because of their TBIs.
Several other TBI-related laws exist in California in the Education Code, Penal Code, and Welfare and Institutions Code. School districts that offer athletics programs must remove players suspected of sustaining concussions or other head injuries. Players cannot return to the field until they have undergone medical evaluation and clearance from a physician. The Penal Code states that peace officers must undergo training to interact with veterans with TBIs. Finally, state legislation establishes the Department of Rehabilitation as the agency responsible for administering programs for people with TBIs.
TBIs can be either minor or major, but both can have severe and lasting consequences. Symptoms can include physical, cognitive, and emotional responses, such as dizziness, memory loss, and changes in personality. Several different types of TBIs could affect those who have suffered injuries. If you or someone close to you could have a TBI, consider discussing your injury with a San Jose traumatic brain injury lawyer.
TBIs aren’t always obvious. After a head injury, look for these symptoms:
Brain injuries of any kind can still have severe results. All types of brain injury need medical attention, even if the physical effects are not obvious.
Anyone can sustain a traumatic brain injury, but some age groups, genders, and ethnicities are more likely than others to suffer head and brain injuries, based on available accident and medical data. Brain injury studies find men are more likely than women to sustain TBIs, by about 1.5 times. This may be due to a higher number of men in high-risk occupations, such as construction and transportation. Vulnerable age groups most at risk of TBIs: children and the elderly. Newborns to 4-year-olds are most at risk for TBIs, as well as teens 15 to 19 years old and adults 65 and older.
The occupation of the individual also contributes to that person’s risk of TBI. Certain people who perform military activities have higher risks of brain injuries, as do those in jobs where falls and struck-by objects are common hazards, such as workers in the construction industry. Demographically, people with lower socioeconomic statuses have higher risks of brain injuries.
A traumatic brain injury can result in damages, both economic and non-economic. Medical costs, equipment, lost capacity to learn, and potential for permeant disability are all common factors that can contribute to a TBI personal injury case.
If you have suffered a TBI injury because of a car crash, medical malpractice, or other accident, then you may have a right to compensation. The severe impact of a brain injury on your life deserves repayment. The severity and cause of your injury can affect your case, so discuss your situation with an experienced San Jose personal injury attorney.
After a TBI diagnosis from a medical professional, contact an attorney who specializes in brain injury. The expertise of a law firm can help you determine your rights and the amount of possible compensation for your injury. A San Jose brain injury lawyer can also help investigate your accident and fight for your case in court, ensuring the compensation you deserve.
Part of what makes TBIs catastrophic is they can affect every aspect of a survivor’s life. Depending on how the TBI limits physical and cognitive abilities, the individual may have to adapt to lower levels of physical ability, such as life from a wheelchair. The individual may also have to relearn basic functions such as talking and eating. Cognitive changes, such as memory loss, confusion, difficulty concentrating, and trouble communicating can affect personal relationships, job capabilities, and more.
Someone with a TBI can face significant, lifelong changes. If a loved one sustained a TBI, he or she may lose his/her job and future employment opportunities. The victim might never be able to live independently again depending on the severity of the disability. Many people living with TBIs need around-the-clock care, or at least a live-in nurse to help with physical limitations. Home and vehicle modifications may be necessary. People with TBIs also have to attend regular doctor’s appointments, physical rehabilitation sessions, and psychological therapies.
TBI victims must take advantage of all available resources to maximize their qualities of life. Financial assistance, state and federal programs, live-in care, TBI research and materials, community programs, support groups, and information from brain injury experts can all help someone with TBI live a more normal, productive, and fulfilling life. Search for resources in your area and community online and with help from your TBI accident attorney. The San Jose brain injury lawyers at Henshaw & Henry, PC, can connect you and your family to important TBI resources in the Bay Area. Contact us today to schedule your free initial consultation.