Traumatic brain injuries (TBIs) resulting from premises liability accidents can profoundly impact victims and their loved ones, affecting cognitive function, emotional well-being, and overall quality of life. When a property owner’s negligence results in a catastrophic injury, it is essential to understand your rights and how to pursue just compensation with an experienced personal injury lawyer in Bakersfield.
Unmarked hazards in swimming pools, unsafe stairways, and poorly maintained walkways and buildings pose risk of head injury when necessary and mandated safety measures are ignored. Landowners, property managers, and maintenance companies can be held liable for any negligence that leads to such injuries and may be held responsible for damages.
Seeking trusted and experienced legal representation is the first line of defence when navigating a premises liability-related traumatic brain injury.
While each personal injury case has unique circumstances, the right Bakersfield premises liability attorney for your claim can offer essential support and guidance during the recovery process. An experienced brain injury attorney in in Bakersfield can assist victims and their families in navigating complex legal proceedings, including the many nuances of premises liability law, gathering evidence to establish negligence, and pursuing compensation for medical expenses, lost wages, and pain and suffering.
With over $1 billion in damages obtained for clients, Rodriguez & Associates is a leading Kern County personal injury firm, trusted with some of California’s most challenging premises liability and traumatic brain injury cases. Through tenacity, access to extensive resources, and the ability to hold corporations accountable for negligence and liability, the firm has achieved more multi-million-dollar verdicts than any other law firm in the Southern San Joaquin Valley, including three of the highest personal injury verdicts in the history of Kern County and the largest motor vehicle accident verdict in Iowa history.
Understanding the Impact of Traumatic Brain Injury
Damage to the brain from a sudden trauma is called a traumatic brain injury (TBI). TBIs often range from concussions to more severe injuries, including brain aneurysms, paralysis, and coma that can result in permanent physical, cognitive, and emotional damage.
A 2024 TBI data report published by the U.S.Centers for Disease Control & Prevention illustrates the frequency and relevance of fatal and non-fatal TBIs:
- In 2020, there were approximately 214,110 TBI-related hospitalizations, and 69,473 TBI-related deaths in 2021.
- People aged 75 years and older had the highest numbers and rates of TBI-related hospitalizations and deaths. This age group accounts for 32% of TBI-related hospitalizations and 28% of TBI-related deaths.
- In 2021, the leading cause of death among adults 65 and older was falls, causing over 38,000 deaths.
- In 2021, emergency room departments reported 3 million visits for falls among adults.i
How Are Premises Liability Accidents Related to Brain Injuries
Property owners are legally required to ensure their premises are safe for visitors. If they neglect this duty and someone is injured, they could be held liable for damages. In some cases, the duty of care is transferred to tenants or third parties. Depending on the transfer of responsibility, some or all parties involved with the property may be held liable for failing to maintain safe environments and causing injury. While most rights apply to lawful property visitors, guests, and contractors, under California law, there are even circumstances in which property owners can be held liable for injury to trespassers.
The legal complexities surrounding premises liability are heightened by the severity of traumatic brain injuries. TBIs require immediate and thorough medical care. Victims may be unable to communicate or advocate for themselves. In such cases, it’s crucial to have a dedicated legal team that can protect the victim’s rights and help them pursue fair compensation. A premises liability attorney with experience handling the challenges of brain injuries can help victims and their families understand the available legal options, conduct critical independent investigations, and build a strong evidentiary case.
Common Premises Liability Accidents That Result in TBI
- Slip and Fall Accidents
When individuals slip on wet floors, uneven surfaces, or poorly maintained walkways, the sudden fall can result in a traumatic head strike of a hard surface, such as a concrete floor, tile floor, or countertop. This blow to the head can lead to the brain coming in contact with the skull, resulting in bruising, bleeding, or swelling.
- Drowning Incidents
Oxygen deprivation is a common cause of TBI found in near-drowning experiences. When the brain lacks oxygen for even a few minutes, brain cells begin to die, potentially causing permanent cognitive damage. Problematic areas around water, including retention ponds, private bodies of water, and swimming pools, especially those with inadequate safety measures, poor supervision, or ignored underwater hazards, can quickly escalate from minor incidents to life-threatening emergencies, resulting in severe brain damage.
- Car & Truck Accidents
Motor vehicle accidents that occur on private property can also fall under premises liability. Dangerous roads or driving conditions at workplaces or venues that require specialized transportation can lead to accidents that cause head trauma. Auto accidents are a known leading cause of traumatic brain injuries, responsible for more than 210,000 hospitalizations each year.
- Dangerous Property Circumstances
Property owners who neglect regular maintenance and safety practices can create an environment ripe for accidents that can result in significant head trauma. Construction sites, retail stores, parking garages, and recreational facilities with poorly maintained equipment present numerous hazards. Structural collapses, inadequate lighting, and insufficient security within these environments can result in traumatic brain injuries to unknowing victims.
Long-Term Impact of Premises Liability – TBI Injuries
The effects of premises liability and traumatic brain injuries create a myriad of challenges that affect every aspect of life for victims and their families. These include physical, emotional, and mental health impacts not previously faced before the accident occurred:
Cognitive impacts of a brain injury can include difficulties with memory, concentration, problem-solving, and decision-making. Many victims struggle to return to work or school, finding that tasks that were once simple now require enormous effort and concentration.
Physical consequences can include chronic headaches, seizures, fatigue, and problems with coordination and balance. Some victims experience changes with their senses, including vision problems, hearing difficulties, or sometimes changes in taste and smell.
Emotional and behavioral changes are considered the most challenging for families. Brain injuries can alter personality, causing increased irritability, depression, anxiety, or loss of emotional control. Perhaps the most difficult are relationships with family and close friends, the hardest falls on spouses and children. Families suffer as the injured person struggles with these changes.
Financial burdens add another layer of difficulty to victims who are already suffering and their families. Medical expenses for brain injury treatment can reach hundreds of thousands of dollars, including emergency care, rehabilitation therapy, medications, and ongoing medical monitoring. When victims are unable to return to work, lost income adds to the financial stress while medical bills continue mounting.
Importance of Seeking Medical Attention Post-Incident
Early medical intervention is critical to your premises liability TBI claim. Initiating the treatment process provides essential documentation detailing the accident, as well as crucial evidence for legal proceedings, including an understanding of the extent of the injuries and potential damages.
A dangerous aspect of traumatic brain injuries is that symptoms don’t always appear immediately after an accident. Some victims experience obvious signs like loss of consciousness or severe headaches right away. Others may initially feel fine, only to develop serious symptoms hours, days, or weeks later.
Immediate symptoms might include headaches, dizziness, confusion, or nausea. However, delayed symptoms can be even more serious and may include:
- Difficulty concentrating and memory problems
- Changes in behavior, personality, or mood
- Fatigue and Sleep Disturbances
- Sensitivity to light and sound
- Balance problems and coordination issues
- Difficulty with speech and language
What Compensation Can I Recover From a Premises Liability TBI?
Living with a traumatic brain injury can be both financially overwhelming and emotionally draining, impacting not only the victim but also their family and caregivers. Pursuing a personal injury lawsuit against negligent parties is often the only means to obtain compensation for both economic and non-economic damages and to begin a new chapter in life.
Pursuing a personal injury lawsuit can potentially help you recover both economic and non-economic damages, including:
- Current and anticipated future medical expenses, including hospital bills, surgeries, medication, physical therapy, medical support, and specialized care.
- Lost wages and future earnings
- Pain and suffering, which includes emotional damages such as loss of enjoyment of life, mental anguish, and emotional distress caused by permanent disability, depression, anxiety, and loss of quality of life
Rodriguez & Associates has worked with numerous individuals and families recovering from premises liability accidents that resulted in life-changing injuries. The firm’s highly experienced team of Bakersfield personal injury attorneys, along with a far-reaching network of legal and medical experts, has obtained some truly exceptional recoveries for our clients.
Taking Legal Action With a Bakersfield Traumatic Brain Injury Lawyer After a Premises Liability Accident
If you or a loved one has sustained a traumatic brain injury due to a negligent property owner, seek immediate medical and legal assistance to preserve your health and legal rights. Premises liability cases are complicated and require diligent knowledge to protect all aspects of your case. Rodriguez & Associates is widely recognized across California and beyond for successfully handling some of the most complex premises liability accidents that result in brain injury. When we take on your case, you can count on our unwavering commitment, empathy, and clear communication throughout the entire process.
Rodriguez & Associates is located in downtown Bakersfield, California. We are available for weekend and evening appointments, charge no fee for consultations, and speak both English and Spanish. Contact us online or call (661) 777-7575 or toll-free at 800-585-9262 to schedule a free consultation with one of our Bakersfield car accident attorneys today.