Brain Injury Lawyers
Inland Empire Brain Injury Lawyers
If someone you care about has suffered a brain injury because of a doctor’s negligence, you have the right to seek compensation for medical bills, lost wages, pain and suffering, and other expenses. An experienced attorney can help.
Brain injuries, which are also called concussions, head trauma, brain damage, or traumatic brain injuries (TBIs), can have devastating effects on an individual’s entire life. Anyone who suffers from one of these injuries may suffer extreme psychological, physical, and financial difficulties. When you are the victim of this type of injury due to another’s neglect, you will need the assistance of skilled San Bernardino Brain Injuries Lawyers to get the compensation you deserve and get your life back on track.
At Kampf, Schiavone & Associates in San Bernardino, we have many years of combined experience handling medical malpractice cases for people throughout California’s Inland Empire. We know the importance of maximizing compensation in these cases, because the victim is often left with permanent brain damage and may require medical care for life.
Birth Injuries, Anesthesia Errors And More
Brain damage is frequently an issue in birth injury and OB/GYN malpractice cases. A birth error may lead to head trauma during delivery, and that trauma could involve damage to the brain. Even if there is no head trauma, a birth error could lead to the infant’s oxygen supply being cut off, which can also cause permanent brain damage.
Brain injuries may also be the result of errors during surgery, particularly anesthesia errors. If an anesthesiologist provides too much anesthesia, it could lead to lasting brain damage.
These cases are frequently resolved through negotiation. However, our goal is to make certain you get the money you need. To that end, we always prepare cases for trial. If our opponent is unwilling to provide a fair settlement, we will face them in the courtroom. Our lawyers will bring in medical experts and others to present a strong argument for full compensation.
Other Causes of Brain Injuries
- Physical assault. Brain injuries that arise due to violent acts account for about 10% of all injuries to the brain.
- Car accidents. Motor vehicle wrecks are responsible for 14% of these injuries and 26% of fatalities that occur due to traumatic brain injury.
- Unintentional blunt trauma. This type of trauma often happens on worksites, when an individual gets hit on the head with falling debris or tools.
- Slip and fall accidents. These incidents happen when a person falls down on private, commercial, or government property and sustains a head injury.
What Are the Symptoms of Brain Injuries?
- Depression and emotional changes
- Trouble putting thoughts into words and slurred speech
- Sleep issues
- Changes in hearing or vision
- Memory loss
Know the Various Brain Injuries
- Penetrating head injury. This type of brain injury occurs when the skull is broken or fractured. This can happen due to being struck by a foreign object or the head striking an object such as a windshield or the ground.
- Closed head injury. This type of brain injury indicates that the skull is still intact but can still result in extremely dire effects such as pressure on the brain, brain bleed, concussion, or other trauma. These injuries may occur due to blunt force, falls, and vehicle accidents in which the crash causes the neck and head to jolt backward or forward, which in turn causes the brain to collide with the inside of the skull. These are among the most common types of brain injuries.
- Blast injury. These head injuries occur when the victim is in or near an explosion.
Did You Know That a Head Impact Is Not Necessary to Cause a Brain Injury?
Many people believe that to suffer a brain injury, you need to actually be hit on the head or hit an object with your head. This isn’t true in some cases, though. In a recent study by Michael Freeman, Ph.D. and Ezriel Kornel, MD, FACS, results showed that whiplash, which many individuals suffer in motorcycle and car accidents, caused brain injuries in more than twenty percent of the cases they studied. They found that the head injury results from a hernia in the brain, which doctors call a Chiari Malformation. When this occurs, the lower part of the brain extends through the base of the skull into the spinal canal. This is a different injury from the aforementioned whiplash injury that results from the brain colliding with the inside of the skull.
Low impact vehicle collisions in which there is no loss of consciousness and no impact to the head can also cause brain injuries. Known as diffuse axonal injuries, these incidents can easily be missed by doctors and first responders. They may require a more thorough examination to diagnose. Unfortunately, insurance companies often try to dismiss these injuries by calling the accident that occurred a “minor impact accident.” Don’t let that mislead you, as these head injuries can be the worst that you can sustain. Seeing a doctor who specializes in traumatic brain injuries is a crucial step in diagnosing injuries like this.
Other Myths to Be Aware Of
- Brain injuries typically involve a short recovery time. Beware of insurance company lawyers and claims adjusters who try to minimize your suffering by claiming that your brain injury is minimal and you will recover quickly. Although some head injuries are minor and involve very mild symptoms, even these cases can have lingering effects. Ten to fifteen percent of mild brain injury patients do not fully recover after as much as a year. There may be persistent dizziness, neck pain, headaches, and other symptoms that continue to affect the quality of life of the victim.
- Getting a negative CT-scan or MRI means you don’t have a brain injury. Although these types of diagnostic testing are known to be quite reliable, there are injuries such as damage to brain neurons and microscopic lesions that an MRI can miss. Insurance companies try to convince victims that if there is no indication of an injury from these tests, there is no injury. It is essential to have an experienced attorney who can counter their claims at once. Experts like neurologists can provide evidence-based on the patient’s medical history, as well as neuropsychological and neurological testing, to show that the victim has experienced functional or cognitive impairment, even if diagnostic test results are negative.
Frequently Asked Questions About Brain Injuries
Q: What should I do if I suffer a brain injury in an accident?
A: If you or someone you love have suffered a mild or severe brain injury, the very first thing you should do is seek medical attention. Some brain injuries are difficult to identify without a proper medical evaluation, and if they are left untreated, they can cause long-term physical and cognitive damage. If a loved one has suffered the injury, watch them closely to identify changes in mood, speech, and behavior. Keep records of all missed time from work, prescription costs, doctor visits, medical bills, and any witness statements you can access. Be sure to contact a brain injury lawyer as soon as you can to schedule a free consultation.
Q: Are you always knocked unconscious when you suffer a brain injury?
A: Head injury victims do not always lose consciousness. Brain injuries vary in their symptoms and severity, so it is not uncommon for a victim to sustain such an injury without being knocked out. This is part of the reason that these injuries are frequently undiagnosed or misdiagnosed. Keep in mind, however, that even seemingly mild brain injuries can develop into serious long-term issues and brain damage if not treated properly. Be sure to see a doctor for an exam and keep an eye out for symptoms like behavioral changes, memory problems, trouble concentrating, and disorientation.
Q: How long do I have to file a legal case for a brain injury?
A: The statute of limitations for brain injury cases in California is two years, which means it is vital to watch for signs and symptoms and seek legal counsel as soon as possible. You only have two years from the date of the injury to file a legal case against the negligent party, and that time can pass by quickly, so it is essential to get the process started right away. Keep in mind that your case is unique, and every situation has different influential factors, so it is always best to speak with a brain injury lawyer to find out the details of how long you have to file your claim.
Q: How much do brain injury attorneys cost?
A: The final cost of legal representation is different for every unique case, but the benefit of seeking help from Kampf, Schiavo & Associates is that you pay nothing upfront. You will not owe us anything unless we recover compensation for you, and since we work on a contingency fee basis, the cost will be deducted from your settlement.
What Can a San Bernardino Brain Injury Attorney Do for Their Client?
Experienced San Bernardino brain injury attorneys can help you or your loved one in many ways if you have suffered a head injury in an accident. These cases may be complex, but a skilled attorney can answer your questions and take on the insurance companies for you, allowing you to avoid additional stress while you recover. We know how to approach medical professionals, industry experts, and investigators to get the evidence and information we need to pursue your case and ensure that you are adequately compensated for the losses you suffer due to your injury. Some of the losses we can gain compensation for include the following.
- Pain and suffering
- Lost earning power
- Lost wages
- Long-term care
- Medical bills
You may be concerned about the up-front costs of legal representation in a case like this, but we have a commitment to providing our clients with the legal assistance they need without the financial burden of legal fees. That is why we operate on a contingency basis, which means that you do not need to pay anything out of pocket. You only pay us if we recover compensation for you, and that fee is a percentage that is taken out of your settlemen
Schedule Your Initial Consultation With Our Law Firm
To arrange your initial consultation about a San Bernardino brain injury claim, call our 24-hour toll-free number — 909-885-1522. You can also get in touch with us via email. Home and hospital room visits are available to those whose injuries prevent travel. Se habla español.