A traumatic brain injury (TBI) can change every aspect of a person's life in seconds. What may initially appear to be a mild concussion can later develop into memory problems, chronic headaches, personality changes, or permanent cognitive disabilities. Beyond the physical pain, brain injury victims often face overwhelming medical bills and uncertainty about the future. If you or a loved one suffered a brain injury because another person acted negligently, you may have the right to pursue compensation under California law.
At Frank Penney Injury Lawyers, we understand that brain injury cases require more than simply proving that an accident occurred. They often involve extensive medical evidence, neurological evaluations, and expert testimony to demonstrate the long-term impact of the injury. With over 30 years of experience, our legal team works aggressively to pursue maximum compensation while allowing you to focus on your recovery.
Call us at 888-888-0566 or by filling out our online contact form today to schedule your free case consultation.
Why Brain Injury Cases in Sacramento Are Often Complex
Brain injuries are among the most complicated personal injury claims because the symptoms are not always immediately visible. In many instances, diagnostic imaging may appear normal but victims may continue to experience debilitating cognitive or emotional impairments for months or even years after the accident. On top of it all, insurance companies frequently attempt to minimize these claims by arguing that:
The victim suffered only a mild concussion.
Symptoms existed before the accident.
The injury is unrelated to the collision.
The victim has fully recovered.
Future medical treatment is unnecessary.
Successfully overcoming these arguments requires experienced legal representation supported by neurologists, neuropsychologists, and vocational experts because the accident victim will need to prove how the injury has significantly affected their life.
What Is a Traumatic Brain Injury?
According to the National Institute of Neurological Disorders and Stroke, a traumatic brain injury occurs when an external force hits the head and it disrupts normal brain function. Depending on the severity of the injury, a brain injury can fall into one of three categories: Mild, Moderate, and Severe.
Mild Traumatic Brain Injury
Often called a concussion, mild TBIs may involve symptoms such as headaches, confusion, memory loss, and even a temporary loss of consciousness. Mild TBIs are not life threatening, but if untreated, even "mild" brain injuries can produce lasting neurological problems that can impact a person’s quality of life.
Moderate Traumatic Brain Injury
Victims who have suffered a moderate TBI may expect extended periods of unconsciousness, personality changes, and significant cognitive impairment. This is when TBI victims experience significant impacts to their day-to-day life because they may have speech difficulties and balancing problems. As a result, recovery often requires months of rehabilitation and medical care.
Severe Traumatic Brain Injury
By far one of the worst conditions a person could suffer, severe TBIs may involve conditions like skull fractures, brain bleeding, and potentially direct injuries to the brain. In such events, the chances of suffering a permanent disability is high and the injury victim may experience a loss of motor function, cognitive impairment, and require lifelong medical care.
Common Causes of Brain Injuries in Sacramento
Brain injuries can occur in a variety of scenarios, and as Sacramento’s population is growing, understanding the most common causes can help accident victims understand their rights and where to begin when filing a personal injury claim.
Common causes include:
Motor Vehicle Accidents- Even when airbags deploy, occupants may strike their head on the steering wheel, side windows, roof, or other interior surfaces, causing the brain to shake inside the skull.
Motorcycle and Bicycle Accidents- Motorcyclists have far less protection than passenger vehicle occupants, making serious head trauma one of the most common catastrophic injuries following a crash.
Pedestrian Accidents- Much like bicycle accidents, pedestrians do not have any additional protection against vehicles and, as a result, they experience a variety of catastrophic injuries.
Truck Accidents- Commercial truck collisions often generate tremendous force capable of causing devastating traumatic brain injuries.
Slip and Fall Accidents- Falls inside grocery stores, apartment complexes, office buildings, shopping centers, any poorly maintained buildings remain a leading cause of TBIs, particularly among older adults because they are more vulnerable to falls.
Assaults- Victims of violent attacks may suffer traumatic brain injuries that result in both criminal proceedings and civil personal injury claims.
How to Determine Liability for a Sacramento Brain Injury
California negligence law allows injured individuals to recover compensation when another party fails to use reasonable care. In the event of a brain injury, potentially liable parties may include negligent drivers, trucking companies, property owners, and even negligent businesses. If an accident victim is ever unsure on whether they are eligible for a claim, it is recommended to consult with an experienced brain injury lawyer to get insight.
What If You Were Partially At-Fault?
California follows a pure comparative negligence system under California Civil Code § 1431, which means if you are partially responsible for an accident, you may still recover damages. However, your totaled awarded compensation will be reduced by your percentage of fault. This state law is important in personal injury claims, because insurance companies often attempt to assign unnecessary blame to injured victims.
Available Compensation After a Brain Injury
While every case is unique, brain injury victims will be able to recover a mix of economic and non-economic damages. For instance, someone who has suffered a severe brain injury may be able to recover calculable costs like medical expenses, physical therapy, home modifications, lost wages, and any quality of life adjustments. On top of it all, TBI victims may recover damages like pain and suffering, emotional distress, and mental anguish for any major changes to their lifestyle and loss of cognitive/physical ability.
What Evidence Strengthens a Brain Injury Claim?
In order to prove a brain injury claim, accident victims will need to collect and gather important documents about the accident and the extent of their injuries. As such, the more extensive and detailed the evidence is, the better. With that in mind, any of the following evidence can be used in a Sacramento brain injury claim:
CT scans
MRI results
Emergency room records
Neurological evaluations
Neuropsychological testing
Surgical records
Physical therapy records
Cognitive rehabilitation reports
Expert medical testimony
Accident reconstruction reports
Surveillance footage
Witness statements
Police reports
Employment records
Family testimony documenting behavioral changes
How Long Do You Have to File a Brain Injury Lawsuit?
Under California Code of Civil Procedure § 335.1, most personal injury lawsuits must be filed within two years of the date of injury. If you miss that deadline, you will automatically waive your right to file a claim and recover compensation for the accident in question. However, if a government agency was responsible for causing your injury then you must file a claim within six months, as per California Government Code 911.2
Contact a Sacramento Brain Injury Lawyer Today
A traumatic brain injury can affect your health, career, finances, and family for years to come. You should not have to shoulder those burdens if someone else's negligence caused your injuries. If you or a loved one has suffered a brain injury, an experienced personal injury lawyer can help you recover the compensation you deserve.
At Frank Penney Injury Lawyers, our Sacramento brain injury lawyers understand the medical, financial, and legal challenges these cases present and we are prepared to go the extra mile to ensure your rights are protected. With over 30 years of experience, our firm has an established track record of securing settlements and helping clients get the legal assistance they need.
Call us at 888-888-0566 or by filling out our online contact form today to schedule your free case consultation.