What Is A Traumatic Brain Injury Case?

What Is A Traumatic Brain Injury Case?

Traumatic brain injury (“TBI”) is a severe disability that can affect the way you live your life. It does not make a difference whether an individual has incurred head injuries from a car accident, fall, assault, or sports activity accident. The head injury could have been caused by being assaulted, or it could have happened during sports activities or another type of accident, such as getting into a car accident, falling off a bike or slipping down the stairs. No matter the type of head injury sustained, if their head has been injured, it can be impactful both psychologically and physically. It can affect them in a number of ways, both immediately and later on in life.

A head injury case must be assessed by an injury attorney, i.e., someone who has experience with head injuries and traumatic brain injury cases. These experienced brain injury attorneys will know the head injury laws in your state and can use that information to support their clients. They know how head injuries happen, and they can help you present a strong case against the individual, insurance company or business who caused it.

What Are Traumatic Brain Injuries?

Traumatic brain injuries (TBI) are very common. According to the Centers for Disease Control and Prevention, TBI occurs when the head is physically damaged due to an external force, e.g., a car accident or assault. When your head stops moving your brain can still move back and forth within your skull, which causes TBI because your brain collides with your skull. This is called coup-contrecoup traumatic brain injury.

A traumatic brain injury can be mild, moderate or severe, depending on the extent of the damage to the brain. However, even mild TBI is life-changing and can impact an individual’s ability to think, speak, form relationships, balance, and coordinate. Mild traumatic brain injuries will be discussed in more depth below.

What Are Traumatic Brain Injury Signs and Symptoms?

Traumatic brain injury can happen quickly, or it might take a few days to show up. Symptoms that may appear soon after traumatic brain injury include:


  • Headache
  • Nausea or vomiting
  • Dizziness or loss of balance


  • Irritability or sudden mood changes
  • Depression or anxiety
  • Apathy, indifference, lack of concern for anything


  • Not thinking clearly or easily confused
  • Difficulty solving problems or understanding instructions

Sleep disturbances are also common after a traumatic brain injury. Those suffering cognitive difficulties may experience insomnia because their mind is tangled with thoughts they can’t shut off at night. Likewise, TBI victims may suffer from hypersomnia because they are not getting enough sleep due to an overactive brain. This can happen during the day when traumatic brain injury victims need to take naps to compensate for lost sleep at night.

What is a Brain Injury Attorney’s Job?

An brain injury attorney’s primary responsibility is to provide advice and guidance to his client and guide them through the head injury case. He must understand the head injury laws in your state and use them as a basis for building your head injury claim, as well as presenting it to the judge or jury.

Brain Injury Attorneys prepare cases by:

  • Collecting all documents pertaining to head injuries, e.g., medical reports, bills, and police records
  • Making sure head injury damages are identified
  • Ensuring head injuries symptoms are recognized
  • Staying up to date with head injury news
  • Knowing head injury headway state laws on head injuries.

brain injury attorney can help you receive payment for your losses, including your medical expenses, lost wages, and amount of physical and emotional pain you have suffered.

Do I Need Brain Injury Lawyers?

If you or someone close to you has suffered a traumatic brain injury, consult a brain injury attorney as soon as possible. The first step should be filing a police report and medical report after an accident involving a head injury. The next step is to consult with an attorney.

It is important not to speak with the insurance company before consulting an experienced brain injury lawyer, because your statements could be used against you. Insurance companies want to settle cases quickly, so they will try to get you to give a statement over the phone. This way, they can assess the extent of your injuries and how much money it would cost them to compensate you for your damages.

An experienced head injury attorney knows how the insurance company plans to approach your claim and what their strategies are. Your attorney will ensure you get the compensation you deserve for your pain and suffering, lost wages, and medical expenses.

How Much Do Head Injury Cases Cost?

A brain injury attorney at our law firm charges a contingency fee, which means we only get paid if you win the brain injury case. Contingency fees are normally one-third to fifty percent of your brain injury settlement. Make sure you know what fee your attorney is charging before you sign any agreement or contract.

The head trauma cases that our firm handles are normally complicated and require a high degree of skill, experience and special knowledge. We believe we have all these qualities at our law firm to handle your claim effectively.

What Is My Brain Injury Case Worth?

There are three types of traumatic brain injuries damages: economic, non-economic, and punitive. Economic damages include the cost of past and future medical expenses. Future medical expenses may be things like rehab, surgery, equipment for home use with TBI, modifications to a vehicle or home that traumatic brain injury victims might need because their life has been altered.

Non-economic damages cover pain, suffering, mental distress, and loss of enjoyment in life activities, such as hobbies, travel plans, and time spent with friends and family.

In some brain trauma cases, there is an element of punitive damages against the at-fault party who caused the injury. Punitive damages are meant to punish the at-fault party for reckless behavior that deserves punishment.

The value of your case depends on many factors, including the severity of your traumatic brain injury symptoms, age at the time of incident, medical treatment received, length of recovery, prognosis for improvement with traumatic brain injury, and future projected living expenses.

JSM Injury Firm APC can help you with your case. Contact us today before it’s too late! Call 949-404-4826 for a free consultation and speak with a brain injury lawyer today.

What is a Mild Traumatic Brain Injury?

Mild traumatic brain injuries (MTBIs) comprise about 75 percent of head trauma cases in the US, and they can happen after a minor blow to the head or a violent shaking that causes a traumatic brain injury. An MTBI can take hours, days, or weeks to appear. Symptoms can be subtle, like mood changes and loss of memory, but symptoms of many brain injuries may also be more apparent with headache, nausea, sleep disturbances and cognitive difficulties. MTBI symptoms are often experienced in combination with each other. A traumatic brain injury attorney will want to know all the symptoms you have suffered.

What is Post Concussion Syndrome?

Post concussion syndrome is a condition that occurs after you suffer traumatic brain injuries. Symptoms of post-concussive syndrome include headache, fatigue, difficulty concentrating, irritability, sleep disturbances and depression.

What Causes Traumatic Brain Injuries?

There are many causes for traumatic brain injuries, including:

  • Motor vehicle accidents
  • Slip and fall accidents
  • Animal attacks
  • Assault or violent acts
  • Sports injuries
  • Exposure to toxic chemicals or traumatic brain injury hazards in the workplace

If an event causes a serious brain injury, your traumatic brain injury lawyer will want to know what happened. Providing facts about your injury is critical to building the best case. Our firm only takes cases with good merit and will work hard to prove your case so you can get the compensation you deserve.

Treatment Options For Head Injuries.

Severe TBI can be life changing, and TBI victims need treatment for many years after the initial accident. Treatment options vary and must be tailored to each individual and their disabilities, but they may include:


  • To prevent seizures or manage mood swings
  • To control headaches


  • To reduce pressure inside the head
  • To repair skull fractures that may have resulted from a traumatic brain injury
  • For other brain injuries, treatments as appropriate.

Rehabilitation therapy:

  • Physical therapy to restore mobility and strength
  • Speech, occupational or cognitive therapy can help with thinking, memory and learning problems

The rehabilitation process for TBI injuries is long and expensive. Some private insurance companies will refuse to cover much of these expenses, which means many traumatic brain injury victims must turn to state-sponsored facilities like Social Security Disability or Medicare.

A personal injury lawyer usually works on a contingency basis, so the representation is free if there is no recovery. If you have been in an accident that caused a brain injury, see a doctor immediately and file a police report, then contact a brain injury lawyer.

Steps To Take After A Serious Brain Injury.

A TBI can happen to anyone at any time. When you or a loved one has suffered a serious brain injury, it is important to take the following steps:

1. Call for help and seek immediate medical attention

2. Contact an experienced personal injury lawyer, who will help ensure your rights and the best interests of you and your family are protected every step of the way.

3. Keep records of all medical appointments, testing, doctors’ notes and bills involving your traumatic brain injury claim. Meet with your traumatic brain injury lawyer to review these records, before meeting with insurance adjusters or speaking to anyone about your case.

4. Do not speak with insurance adjusters about your case without first speaking to a traumatic brain injury attorney.

Your future and the future of your family is at stake with your brain damage claim. Do not make any statements or sign any documents before contacting an experienced personal injury attorney at our law firm, who knows the best way to handle your case and maximize your chances of recovering maximum compensation for your suffering.

Can I Settle My Brain Injury Case With The Insurance Company?

Many people who suffer brain damage feel they do not deserve the compensation their attorney is requesting. For this reason, insurance companies often tell victims that they can settle for less than what the brain injury law says. Insurance adjusters know that you will be tempted to accept a settlement offer, especially if your traumatic brain injury symptoms are mild and your doctors cannot explain or understand the full extent of your symptoms.

This does not mean you should accept a settlement offer from the insurance company. It is important to speak with an attorney before accepting any offer.

How Long Does A Brain Injury Case Take?

Severe head trauma cases can take 1-3 years to settle. While this may seem like a long time, it is important to know that traumatic brain injuries are often life-long conditions with lifelong medical costs. It is important to have your attorney work on your behalf throughout your case, so you can get what you deserve. You and your loved one deserve to be compensated and get the best possible settlement for you, and our law firm can help.

What Is The Purpose Of A Traumatic Brain Injury Settlement?

The purpose of a traumatic brain injury settlement, also known as a brain injury compensation claim, is to compensate the victim for their suffering and hardships. Our law firm will work with you and an experienced traumatic brain injury doctor to ensure you receive full and fair compensation for your medical costs, lost income, and pain and suffering.

What Is A Traumatic Brain Injury Lawsuit?

Victims bring traumatic brain injury lawsuits against a negligent party after a traumatic brain injury accident. For example, if you were the victim of a car accident caused by someone else’s negligence, you could sue that person for your resulting injuries. This is an important distinction, because it means the settlement money awarded to you does not come from your own insurance company, but from the insurance company of the negligent party. In some cases, your own insurance company may be responsible for paying a portion of your settlement, depending on whether you have uninsured motorist coverage in a car accident case.

What Is The Difference Between A Traumatic Brain Injury Lawsuit And A Settlement?

Settlement generally resolves traumatic brain injury lawsuits between the victim and the negligent party. If the victim and the negligent party cannot agree on a settlement, the case goes to trial for a judge or jury to determine what compensation the victim should receive. TBI lawsuits involve negligent parties, such as individuals or large corporations. Settlement can also take place before a lawsuit is filed, if the insurance company for the negligent party offers an acceptable settlement amount.

Proving Negligence In A Personal Injury Case.

A head injury caused by another person is a personal injury. A person injured due to the neglect of another must prove that the party who caused their injuries was negligent to receive compensation.

What Is Negligence? Negligence is the failure to exercise reasonable care toward others. Proving negligence can be difficult, because you must show that the person you are suing had an obligation to act in a certain way, failed to do so, and that you were injured due to that failure. In other words, the elements required to prove negligence are:

  1. the defendant owed a duty to the plaintiff;
  2. the defendant breached that duty; and
  3. because of this breach,
  4. the plaintiff was injured.

What Is The Standard Of Care In A Personal Injury Case?

The standard of care in a personal injury case is how careful a reasonable person would have been under the same circumstances. The defendant must have done something so out of the ordinary that it can be considered negligent, or he or she would not be responsible for the plaintiff’s injuries. The reasonable person standard is the same across all personal injury cases.

Who Can Be Liable For My Personal Injury Case?

The person who caused your accident is liable for your injuries if they were negligent. The defendant in a personal injury case can be an individual, or an organization, such as another motorist or company/corporation. Even if you were partially responsible for your injuries, you may still be entitled to recover compensation.

What If I Am Also At Fault For My Injuries?

Even if you are partially responsible for your injuries, such as speeding or texting while driving, and causing a car crash, the defendant in the case will still pay what is called “comparative fault.” Comparative fault means the defendant and you will be assigned a percentage of fault for the accident, and the defendant’s insurance company will only pay the defendant’s percentage of your total settlement.

What If The Negligent Party Is Uninsured / Under-insured?

If an under-insured or uninsured driver injures you, your own insurance company will compensate you for your injuries if you have uninsured / under-insured motorist coverage. If you do not have UM coverage, it is unlikely your insurance company will cover your injuries, and you may need to take action against the negligent party to receive compensation.

What To Expect During The Settlement Process:

Once liability is established and it’s determined who will pay for your injuries, your attorney will negotiate with the at-fault party’s insurance company to reach a settlement. The settlement negotiation process is lengthy and can take anywhere from several months to over a year. As your representative, it will be up to your personal injury attorney to present evidence that supports your claim in an effort to maximize compensation for you. Should the insurance company refuse to offer an acceptable settlement, your personal injury attorney can file suit on your behalf.

How Can I Find A Brain Injury Lawyer Near Me?

JSM Injury Firm APC offers free consultations to discuss your severe brain injury case. We are standing by 24/7 to answer your questions and help you with any needs regarding your personal injury claim. We have experience with these types of injury claims and can help you move forward from this difficult time. Over the years, we have helped hundreds of clients with injuries reach settlements that will help them recover from a life-altering event.

We handle all cases on a contingency fee basis, which means you don’t owe us a cent until we’ve won you compensation in your brain injury case.

For more information or to schedule a free consultation, visit our website or contact us today at 949-404-4826. You can also click here to schedule a free initial consultation.

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