Frequently Asked Questions (FAQs) – Orange County Catastrophic Injury Lawyer – Brain Injury
The difference lies in the severity of the brain’s disruption. A mild TBI (like a concussion) may involve a brief loss of consciousness or feeling dazed, but symptoms are often temporary. A severe TBI involves a prolonged loss of consciousness or amnesia and can result in permanent cognitive, physical, and behavioral impairments. However, even ‘mild’ TBIs can have serious, long-lasting consequences.
The most common causes of TBIs are falls, motor vehicle accidents (car, truck, motorcycle), being struck by an object (common in construction or sports), and acts of violence. Any incident that involves a sudden jolt, blow, or penetrating injury to the head can cause a TBI.
Compensation is calculated based on the full lifetime impact of the injury. This includes all current and future medical costs, rehabilitation, in-home care (life care plan), lost income and future earning potential, and significant non-economic damages for pain, suffering, emotional distress, and loss of enjoyment of life. These cases often result in multi-million dollar recoveries due to the extensive damages.
A life care plan is a detailed report created by medical and financial experts that outlines all of the injured person’s anticipated medical and daily living needs for the rest of their life. It includes costs for medications, therapies, assistive devices, and potential future surgeries. This plan is crucial for proving the full financial value of a brain injury claim to ensure the victim has the resources they need forever.
Yes. A person can sustain a serious traumatic brain injury without losing consciousness. Many TBIs, including concussions with long-term effects, occur without a loss of consciousness. The diagnosis depends on symptoms like dizziness, memory problems, confusion, and headache, not just whether you ‘blacked out.’
The statute of limitations for a personal injury claim, including a brain injury, is generally two years from the date of the accident. However, the ‘discovery rule’ may extend this deadline if the injury was not immediately apparent. It is vital to speak with a lawyer as soon as possible to protect your rights.
This is very common with brain injuries. The onset of symptoms like memory issues, irritability, or chronic headaches can be delayed. It is important to seek a medical evaluation immediately if any new symptoms arise. This delay does not prevent you from filing a claim, but it makes documenting the connection between the accident and your injuries even more critical.
