Brain Injury FAQs

San Diego Trial Attorneys


Brain Injury FAQs

Frequently Asked Questions About Brain Injury

Answers from Skilled San Diego Trial Attorneys

Brain Injury FAQsThe legal team at Gilleon Law Firm, APC draws upon its years of successful experience handling traumatic brain and spinal injury cases in San Diego and the surrounding areas. As your legal advocates, we strive to provide you with the information, guidance and representation you need for your traumatic brain injury case. From causes to conditions to proving negligence, we fully understand the challenges facing those who suffer minor or severe brain injury in San Diego. We also know that you are likely to have questions when seeking legal advice, which is why we’ve provided answers to the questions we receive most often about brain injury and its legal repercussions. For more information, contact us for a free consultation.

Understanding Brain Injury in San Diego

Call our Dedicated Trial Attorneys in San Diego

Located in downtown San Diego, and serving clients throughout Orange County and Los Angeles County, the attorneys at Gilleon Law Firm, APC have more than 50 years of combined experience representing the rights and interests of those suffering brain and other serious physical and economic injury. As skilled negotiators and experienced trial attorneys, we draw upon the legal, investigative and technical resources we’ve amassed to achieve the best possible results for you. When you need to speak with a reputable attorney in San Diego about a brain, spinal or other injury, call us at 619.702.8623 or contact us today to schedule a free initial consultation.

What kind of compensation is available from a San Diego brain injury lawsuit?

In general, you may recover compensatory damages for present and future medical costs, lost wages and pain and suffering. If injury is proven to be intentional or egregious, punitive damages may be available.

Assessing the value of a brain or spinal injury case depends on several factors. Working with experienced legal counsel is important if you or a loved one suffers disabling injury. Settling an insurance or legal claim before you reach a point of maximum medical improvement could lead to undervaluing your injury, leaving you without needed funds for long-term medical care.

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What elements are needed to prove negligence with a brain injury?

California follows a rule of pure comparative negligence, meaning injured parties may obtain compensation for their injury minus the percentage they are found to be at fault for the accident. Thus, legal counsel for each party works to prove the innocence of their client and the negligence of the other party. Negligence is proved by illustrating four elements:

  • Duty: The defendant had a general legal duty to avoid actions or situations harmful to others.
  • Breach of duty: The duty of care was not exercised or fell below an accepted standard.
  • Causation: The breach of duty is found to be the cause of the accident.
  • Damages: Injury and losses were suffered resulting from the breach of duty.

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What accidents commonly cause brain injuries?

Traumatic brain injury (TBI) is a form of acquired brain injury (ABI). You may wonder about the difference. According to the Brain Injury Association of America (BIAA), ABI refers to all types of non-hereditary damage to the brain after birth, including hypoxia, vascular accidents and disease.

TBI results when delicate neuronal brain tissue is damaged either through impact or force, such as that which occurs on the battlefield. Approximately 5.3 million Americans are living with conditions and disabilities related to TBI caused by falls, motor vehicle accidents, impacts, assaults, sporting accidents and, increasingly, military service.

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What are some common brain injuries?

Mild concussion is the most common form of traumatic brain injury in the United States. In recent years, concerns over an increasing number of concussions in school and professional sports have led to stricter safety standards to better protect athletes, especially football players. Recent research reveals student athletes are at higher risk of TBI than previously thought. Subconcussive trauma experienced over time from multiple hits might not register in a physical examination but may lead to diminished cognitive ability.

Serious and common conditions associated with TBI include brain hemorrhage, hematoma and damage to brain lobes and the brain stem.

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My spouse suffered TBI and he does not act the same. Why?

Even a mild brain injury can affect the sufferer’s emotional, physical and mental well-being. Some changes are temporary, while others are not. Common manifestations include irritability, fatigue, depression and moodiness. Of those people with severe brain injury, three to ten percent may eventually need consistent ongoing care. TBI can wreak havoc on impulse control and behavior management, leading to strained and difficult spousal and family relationships.

A person whose behavior is affected by TBI deserves assessment and support since optimal treatment relies upon a thorough understanding of the nature of the injury and its physical and psychological symptoms.