Every 9 seconds, someone sustains a brain injury in the United States. Traumatic Brain Injuries (TBIs) can leave those affected with lifelong cognitive difficulties, memory issues, reduced movement and sensation, and emotional trauma. When negligence contributes to traumatic brain injury, you have the right to pursue compensation, which can offset the significant financial losses, medical expenses, and other damages that result from the injury.
TBI cases are legally and medically complex, requiring distinct experience handling such claims and access to key resources, including expert witnesses with medical backgrounds. Continue reading to learn more about TBI lawsuits and the types of compensation that can be recovered if you are the victim of a traumatic brain injury.
What is a TBI Lawsuit?
A traumatic brain injury is an injury caused by a sudden blow or jolt to the head, or an object penetrating the brain, that results in a disruption of normal brain function. TBIs are categorized from mild to life-threatening depending on the severity of the impact, the area of the brain injured, and whether an object has penetrated the brain. Both open-head and closed-head injuries can result in immediate symptoms such as brain bleeds or swelling, as well as delayed symptoms like future cognitive and motor impairments. In severe cases, TBIs can be fatal.
When the traumatic brain injury was caused by the negligence of another, the injured party may file a personal injury lawsuit to pursue compensation for the physical, emotional, and financial losses they have sustained. In order to be eligible for a personal injury lawsuit and compensation following a traumatic brain injury, you must be able to prove that the negligence of another person or entity directly caused the injury. These complicated cases can be extremely difficult to navigate, making it necessary to have the assistance of a leading traumatic brain injury firm.
Examples of Negligence in TBI Cases
- Motor Vehicle Accidents: Motor vehicle accidents are among the leading causes of traumatic brain injuries for individuals of all ages. When a negligent driver causes a collision, the extreme gravitational forces and likelihood of flying debris striking the head can cause serious damage to the brain, including penetration injuries.
- Falls: Falls account for nearly half of all TBI hospitalizations, according to the CDC, reporting that falls from elevation, including ladders, scaffolding, rigs, and stairs, contribute significantly to traumatic brain injuries. When negligence surrounding premises liability, safety precautions, training, or equipment maintenance contributes to an injury-causing fall, those responsible can be held accountable.
- Workplace injuries: TBIs are common injuries in dangerous work environments, including construction sites or oilfields, where workers may be exposed to chemicals, explosive materials, improperly maintained equipment, or defective machinery. When severe injury is caused by a third party, it is necessary to determine and prove the at-fault party’s negligence.
Types of Compensation Available in Traumatic Brain Injury Lawsuits
The damages following a TBI can be significant, often resulting in lifelong financial, emotional, and physical difficulties. When pursuing a TBI claim in California, it’s important to understand the compensation you can seek to help cover these costs. The types of compensation that may be recoverable in a severe TBI case include:
- Medical expenses: In California, you may recover the full cost of your past and future medical treatment. Victims who require long-term medical care, multiple procedures, and extensive rehabilitation and therapy can fight for maximum compensation possible to cover medical costs.
- Lost wages and earning capacity: In cases of traumatic brain injury, it is common for victims to face significant loss of income as they may be unable to work for extensive periods or even permanently. In California, these victims can claim compensation for lost wages following the injury, as well as for a reduction in income capacity if the injury limits their ability to work.
- Pain and suffering: Under California law, victims of traumatic brain injury can claim non-physical damages. These can include pain and suffering, loss of quality of life, loss of consortium, and emotional distress. Excluding medical malpractice cases, California does not have a cap on pain and suffering damages, meaning victims can be compensated substantially to repay the significant losses these injuries impose on their lives.
- Assistive devices and equipment: In many cases of serious injury, victims require the use of assistive devices and equipment to help them navigate the new loss of function and mobility that TBIs can cause. Medical and assistive devices can present a significant cost, especially if they require modifications to the victim’s home to accommodate new disabilities. With proper case and medical evaluation, devices or equipment may be covered by your lawsuit.
Factors Affecting Compensation
A catastrophic injury lawsuit is never cut and dry. There are many factors that can impact the amount of compensation recoverable in a TBI lawsuit, including:
- Severity of the injury
- Impact on daily life and activities
- Age and life expectancy
- Pre-existing conditions
- Defendant’s liability and insurance coverage
Every client’s unique set of circumstances, as well as the existence of any complicating factors, can make it confusing to pursue damages in a catastrophic injury case. Highly experienced attorneys can help you understand your legal options and the compensation you may be eligible to receive.
Determining Compensation in a TBI Claim
California law categorizes compensation in traumatic brain injury lawsuits to ensure that clients receive adequate and appropriate damages. Recognizing these compensation categories is crucial for understanding potential outcomes when assigning a value to damages.
- Economic damages: Economic damages are direct financial losses TBI victims may incur throughout their recovery and in living with a TBI. This category can include medical expenses, therapy and rehabilitation costs, as well as loss of wages and earning capacity.
- Non-economic damages: Non-economic damages refer to the intangible losses a victim has suffered or is currently experiencing, including pain and suffering, emotional distress, and loss of consortium for spouses and domestic partners. These damages are often more difficult to determine and require a strong legal team to advocate for a fair outcome.
- Punitive damages: In some cases, a judge may determine that the injury was caused by gross negligence or intentional misconduct and can award punitive damages. Rather than aiming to cover the victim’s financial or personal losses, punitive damages seek to punish the at-fault party and deter future wrongdoing. These damages are only awarded in extreme cases, when the court determines that the at-fault party acted in a way that warrants punitive damages, and decides the amount he or she has to pay, depending on the severity of your case.
One of the most challenging aspects of catastrophic injury cases is determining and proving the compensation to be claimed. Estimating long-term economic and non-economic damages requires strong evidence and expert testimony. Rodriguez & Associates has established an extensive network of medical and legal relationships, including access to expert witnesses, in addition to their combined decades of experience in California personal injury law.
The Importance of Working with an Experienced Attorney
Rodriguez & Associates is a leading Kern County personal injury firm, with an extensive track record of pursuing and securing compensation for victims of traumatic brain injuries. In 2024, our firm obtained a record $35.79 million verdict for the victim of a catastrophic truck accident, which resulted in a debilitating TBI—the largest motor vehicle collision jury verdict in Iowa history. The traumatic brain injury attorneys at Rodriguez & Associates have the skill and determination to help you understand the types of compensation available for your case and pursue justice and accountability. Our firm frequently handles complex, high-stakes lawsuits and holds a track record of successful case results, including the top 3 highest personal injury settlements in Kern County history. Our experience with catastrophic injury cases, extensive knowledge of California personal injury law, and history of securing record verdicts for our clients make us the best choice to represent victims of traumatic brain injury.
If you or a loved one has sustained a traumatic brain injury due to the negligence of another person or party, contact Rodriguez & Associates for fair and supportive legal help and guidance.