Chula Vista Brain Injury Lawyer

Chula Vista Brain Injury Attorney

A traumatic brain injury can be a life-changing experience, and not for the better. These injuries do not just affect a person’s head; they can also affect a person’s entire functional abilities. When these injuries occur due to another party’s actions or inaction, the injured person may have grounds for a legal claim. If you suffered a brain injury due to the actions of another party, a Chula Vista brain injury lawyer can represent you.

Understanding Brain Injuries

Brain injuries include mild forms, such as concussions, and severe forms, which result in permanent disabilities. Kenneth M. Sigelman & Associates understands the complexity of brain injuries, including delayed symptoms like speech difficulties, memory loss, coordination challenges, and emotional instability.

According to the CDC, there were more than 69,000 traumatic brain injury (TBI) deaths in 2021, equaling about 190 per day. Additionally, TBI was responsible for 2,912 deaths, 17,528 hospitalizations, and 15,708 emergency room visits in California’s older adult population during 2020.

Common Causes of Brain Injury

Brain injuries can be caused by a number of different incidents. Some come from individuals. However, in some cases, larger entities can be responsible. Some common causes of brain injury include:

• Road accidents, such as car, truck, motorcycle, or pedestrian accidents
• Slips and falls
• Sports injuries, especially in contact sports, like wrestling or boxing
• Acts of violence
• Medical malpractice, particularly during surgery or childbirth

These injuries can be caused by property owners, distracted drivers, or healthcare providers. Establishing liability is vital when filing a brain injury claim. This can make the legal process more complex, requiring the assistance of a Chula Vista brain injury attorney.

Signs You May Have a Brain Injury

Brain injuries are often missed or misdiagnosed, particularly when symptoms are delayed. Understanding what to look for can make sure you get treatment as soon as possible and that your legal case is as strong as it can be. Symptoms may include: 

• Headaches
• Nausea
• Difficulty speaking
• Mood swings
• Vision problems
• Losing consciousness
• Having trouble concentrating
• Trouble with balance

California Brain Injury Laws

The legal framework that applies to brain injury cases in California is personal injury law. If someone suffers injury due to another person’s negligence, they can file for compensation. To succeed in a brain injury case, the plaintiff (the injured person) must demonstrate four elements: duty of care, breached duty, causality, and losses.

Compensation in California brain injury cases can cover economic damages, which are financial losses, and non-economic damages, which account for subjective personal injuries. Economic damages include medical bills, lost income, and long-term costs, such as future care and rehabilitation. Non-economic damages cover injuries such as pain and suffering, emotional distress, and the loss of life enjoyment.

California has no limit on damages for catastrophic injury cases, except in medical malpractice cases. For malpractice injuries, California’s MICRA law applies, which places a limit on non-economic damages. Economic damages are not limited by the MICRA law.

Additionally, California’s system of comparative negligence allows a person who is partially at fault for their own injury to still make a claim for damages.

When to File a Claim

In California, you generally have two years from the date of the brain injury to file a claim. If the injury was not discovered right away, the period may begin on the date when the injury was or should have reasonably been discovered. If your case involves a claim against a government entity or medical malpractice, shorter notice requirements and special procedural rules may apply.

About Kenneth M. Sigelman & Associates

The choice to hire a brain injury attorney can never be taken lightly. Selecting a brain injury lawyer who can both argue your medical case in court and deeply understand your specific brain injury medical issues is essential.

Mr. Sigelman’s distinct background and skill sets give him the ability to fully comprehend the medical records, neurologic diagnoses, and need for lifetime care that is so often a part of brain injury cases. Our firm is prepared to use our time, resources, and professional witness connections to build a case for maximum recovery.

FAQs

How Long Does It Take to Recover From a Brain Injury?

The recovery process from a brain injury can last from a few weeks to months or years, depending on the extent and location of the damage. Mild injuries may fully heal within weeks, but moderate to severe injuries can take months or years. Some may even lead to permanent disability.

The recovery process typically integrates physical therapy methods, cognitive training, and psychological support systems. Individual health status, age, and the quality of medical care often determine recovery speed.

How Does a Traumatic Brain Injury Affect Daily Life?

A traumatic brain injury affects every area of life, from memory function to physical coordination capabilities. It can make it difficult to work, maintain relationships, and even do everyday tasks, like driving or cooking. People may experience anxiety or depression. Symptoms can be temporary or permanent. Individuals with brain injuries typically receive extended assistance from caregivers and medical professionals, including therapists.

What Questions Should I Ask Regarding My Brain Injury?

If you have a brain injury, you should ask the following questions:

• Which side of the brain is damaged?
• What are the short- and long-term expectations?
• What are my therapy options?
• How will my daily activities be affected?
• What is my anticipated recovery time?
• Will I have any long-term care?

What Are the Signs That the Brain Is Healing?

The brain might be healing when there are:

• Memory improvements
• Clearer thinking skills
• Better coordination
• Decreasing headaches
• Stabilizing emotions

People usually experience recovery through incremental improvements in both mental focus and physical capabilities.

Participation in therapy and regaining independence in daily activities are also positive signs. Recovery is typically nonlinear, with potential setbacks, so ongoing monitoring and support are crucial.

Hire a Brain Injury Lawyer

If you suffered a brain injury due to the negligence of another party, you may be entitled to compensation. Kenneth M. Sigelman & Associates can represent your case. Contact us today to find out more.

Chula Vista, CA Brain Injury Resources

Different Types of Traumatic Brain Injury in California

What Are the Long-Term Effects of a Traumatic Brain Injury?