How to Receive Compensation After a Brain Injury?

Suffering a brain injury can have devastating and life-altering consequences. In addition to the physical and emotional trauma, brain injuries often result in substantial medical expenses and lost income. If your brain injury was caused by the negligence or wrongdoing of another party, you may be entitled to financial compensation. This article provides an overview of how claiming compensation after brain injury works.

Determining Liability

The first step is to establish who is legally liable for your injury. There are a few common scenarios:

  • Car accidents – If another driver caused the collision due to reckless driving, speeding, drunk driving, etc. they can be held liable.
  • Premises liability – If your injury occurred due to an unsafe condition on someone else’s property that they failed to fix or warn you about.
  • Medical malpractice – If your brain injury resulted from a doctor’s negligence, such as surgical errors or improper treatment.
  • Product liability – If a defective product caused your injury, the manufacturer may be liable.

Thoroughly investigating the cause of your injury and identifying all potentially liable parties is crucial. An experienced brain injury attorney Los Angeles can help determine viable defendants.

Documenting Your Injuries and Expenses

In order to obtain compensation, you must thoroughly document the impact of your brain injury. Be sure to keep detailed records of:

  • Medical expenses – All hospital and doctor bills, prescriptions, physical therapy, assistive devices, in-home care, transportation for treatment, medical equipment, and any other health care costs related to your injury and recovery.
  • Lost income – Documentation of missed workdays and lost earnings due to your inability or reduced capacity to work. This includes payroll records, employer statements, proof of used sick/vacation days, income tax returns, and more.
  • Loss of future earning capacity – Documentation related to possible long-term inability to work, reduced hours, switching to lower paying jobs, loss of career advancement, and giving up promotion opportunities.
  • Non-economic damages – Keep a journal detailing your physical impairments, cognitive deficits, emotional/psychological effects, loss of enjoyment of life, strain on relationships, and any other hardships stemming from your injury that don’t have a specific dollar amount attached.
  • Future damages – Records related to possible long-term care needs, therapies, medical costs, assistive technologies, transportation services, home health aids, lifelong prescription medications, and reduced earning capacity.

Photographs, medical reports, pay stubs, vocational assessments, economist reports, invoices, statements from loved ones, and other documentation can help substantiate your various damages.

Claiming Compensation After Brain Injury

Retaining Legal Counsel

Because the claims process can be complex, it is advisable to hire an experienced Los Angeles brain injury lawyer to handle your compensation claim. An attorney can deal with insurance companies on your behalf, thoroughly investigate fault, identify all liable parties and legal avenues for restitution, determine the full value of your damages, and aggressively negotiate a fair settlement or take the case to trial if needed.

Look for a lawyer with extensive experience handling traumatic brain injury cases. They should have a proven track record of securing sizable settlements and jury verdicts for victims. Knowledge of medical issues specific to brain injuries, reputable medical experts, long-term care options, and life care planning can also be beneficial.

Sending a Demand Letter

Your attorney will send a detailed demand letter to the defendant’s insurance company requesting compensation for your injuries and damages. This letter will outline the facts of your case, establish negligence, provide evidence of your damages, and request a specific settlement amount to cover your past and future medical expenses, lost earnings, pain and suffering, and other losses.

If the insurer does not respond appropriately to the demand letter, the next step may be filing a personal injury lawsuit. Having an aggressive and persuasive demand letter is often an important first step in reaching a successful claim resolution.

Filing a Personal Injury Lawsuit

If you are unable to reach a satisfactory out-of-court settlement through the demand letter process, your attorney can file a personal injury lawsuit against the liable parties on your behalf. Lawsuits are filed in civil court and involve extensive pre-trial procedures like depositions, interrogatories, procuring expert witnesses, accumulating medical evidence, and gathering all documentation to prove liability and damages.

The process typically takes 12-24 months but can vary significantly based on factors like the court’s caseload and schedule, availability of experts, and complexity of details surrounding the case. Most cases settle before going to trial. However, if necessary, your attorney can passionately argue your case in court before a judge or jury who will determine if you are owed damages.

Your lawyer’s litigation skills including detailed discovery tactics, persuasive witness preparation, effective cross-examination, and compelling presentation of evidence and testimony are extremely beneficial throughout this complex litigation process.

Negotiating a Settlement

Settlement typically involves back-and-forth negotiations between your lawyer and the insurance company. Your attorney will seek fair compensation covering all of your past and future medical bills, lost income and benefits, pain and suffering, and other damages stemming from your injury.

Injuries requiring lifelong care or rendering you permanently disabled will warrant much higher settlements than short-term injuries. Experienced attorneys utilize negotiation tactics to secure the maximum possible settlement or judgment. This includes highlighting compelling evidence and expert opinions, aggressively countering lowball offers, leveraging mediation, and demonstrating a willingness to go to trial if needed.

If negotiations succeed, you will receive an agreed-upon lump sum settlement in exchange for dropping any further claims against the liable party. This avoids a lengthy trial. Your attorney will ensure any settlement adequately covers your needs. If not, they can pursue further legal action through a trial.

Receiving Your Compensation

Once a settlement is reached or a court judgment awarded, the defendant’s insurer or the liable party themselves will issue payment of the monetary amount owed to you. Your lawyer’s fees and expenses will be deducted from the total settlement.

Many attorneys work on a contingency fee basis taking a percentage of your final award as payment. Typical contingency fees range from 30-40% of the total settlement amount. This model means the attorney only gets paid if they win or settle your case.

You will then receive the remaining net settlement funds after attorney’s fees and expenses. These funds can be used to cover your medical bills, rehabilitation costs, assistive equipment, in-home care, lost earnings, and any other losses stemming from your brain injury. The financial recovery won’t undo the harm you’ve suffered but can provide vital resources to help you move forward.

If you or a loved one suffered a brain injury due to another party’s negligence, contact Karns & Karns Personal Injury and Accident Attorneys on 800-4THE-WIN for a free consultation. Our dedicated brain injury lawyers have the resources and commitment to help victims and families obtain the compensation they need to heal.

Head Injury: Types, Causes, and Symptoms

A head injury is any injury that results in trauma to the scalp, skull, or brain. Head injuries range from mild to severe and can result from a fall, a bump, blow, or jolt to the head from a car accident, physical assault, or sports injury. Even a seemingly minor head bump can be serious. Head injuries are a common cause of death and disability in adults and children, with 69,473 deaths in 2121 attributed to traumatic brain injuries.

Types of Head Injuries

There are several types of head injuries, ranging from mild to severe.


A concussion is caused by a bump, blow, or jolt to the head. It causes a brief change in mental status or consciousness resulting in confusion, amnesia, or dizziness. Most concussions are mild and temporary, although symptoms may last for days, weeks, or longer. Repeated concussions can result in long-lasting problems. People that play contact sports in California are more at risk of concussions.

Skull Fracture

A skull fracture is a break/crack in one of the skull’s bones. There are several types of skull fractures:

  • Diastatic skull fractures feature the widening of the sutures, the joints between the bony plates that form the skull.
  • Depressed skull fractures occur when fragments of broken skull bone press into the tissue of the brain. They require surgery to access and treat the injured brain tissue.
  • Linear skull fractures are breaks in the skull bone resembling a thin line. They may be minor and require no treatment.


A contusion is a bruise on the surface of the brain resulting from bleeding underneath the skull. It is often caused by a direct impact to the head and can result in coma or death if severe.

Diffuse Axonal Injury

Diffuse axonal injury involves widespread injury to axons, the fibers that allow neurons to transmit signals between different areas of the brain. This type of injury occurs when the brain shifts back and forth inside the skull, tearing and damaging axons. It typically results from violent shaking of the brain, which can happen in a serious car accident. A brain injury lawyer in California from Karns & Karns Personal Injury and Accident Attorneys can advise you about compensation if you have suffered this type of injury in a car accident or from playing sports.


A hematoma is a collection of blood that forms outside of blood vessels. There are several types of hematomas that can develop after a head injury:

  • Epidural hematomas develop between the tough outer membrane covering the brain (dura mater) and the skull. They can put dangerous pressure on the brain.
  • Subdural hematomas develop between the dura mater and the surface of the brain. They are often caused by tears in veins stretching from the brain’s surface.
  • Intracerebral hematomas develop between the brain’s gray and white matter. Blood collects inside the brain tissue itself.

Causes of Head Injuries

There are many possible causes and events that can result in head trauma:

  • Falls – Falling and hitting the head on a hard surface, such as the floor or ground, as well as falling down stairs. This is the most common cause of head injury.
  • Motor vehicle accidents – Collisions involving cars, motorcycles, bicycles, and pedestrians often cause head injuries.
  • Struck by or against an object – Being hit in the head by an object or hitting one’s head against something hard. For example, being hit in the head with a baseball or running into a wall.
  • Assault – Violent attacks such as hitting, kicking, or shaking cause impact and movement of the brain within the skull. Domestic violence often leads to head trauma.
  • Sports injuries – Contact sports such as football, boxing, hockey, rugby, and soccer can lead to head injuries. So can recreational activities like bicycling, skateboarding and horseback riding.
  • Explosions – The pressure waves and impact from blasts and explosions can cause head injuries. This frequently occurs in wartime.
  • Abuse – Violently shaking or hitting a baby or young child’s head can lead to hematomas, diffuse axonal injuries, and severe trauma.

Symptoms of Head Injuries

Head injury symptoms can appear immediately after the trauma or develop slowly over hours or days. The most common symptoms include:

  • Loss of consciousness – This occurs immediately after the injury in about 10% of head injuries. It may last for seconds to minutes.
  • Confusion and disorientation – Many head-injured patients experience confusion and an inability to focus or concentrate after the injury. Memory loss is also common.
  • Headache – Head pain is very common after a head injury and can worsen with rest, exertion, straining, coughing, or sneezing.
  • Dizziness – A feeling of lightheadedness and loss of balance often follows a head injury.
  • Nausea and vomiting – Nausea and vomiting are common right after a head injury and may persist for days or weeks.
  • Sensitivity to light and noise – Increased sensitivity to sensory stimuli is common after a concussion.
  • Delayed neurological symptoms – Symptoms like headache, memory problems, concentration difficulty, and dizziness may appear hours or days after the initial injury.
  • Vision problems – Blurred vision, double vision, and inability to focus the eyes can follow head trauma.

The effects of head injuries range from mild to severe disability and death. Seek emergency care for any serious head injury with symptoms like loss of consciousness, seizures, repeated vomiting, or worsening symptoms. Swift treatment is essential for the best outcome.

Work with a TBI Lawyer

If you suffer a traumatic brain injury (TBI) due to another’s negligence, working with an experienced personal injury accident lawyer who understands TBI cases, such as one of the team from Karns & Karns Personal Injury and Accident Attorneys in California, can help you seek compensation for damages.

A dedicated TBI attorney from Karns & Karns Personal Injury and Accident Attorneys, a personal injury law firm understands these complex injuries and gathers evidence to build the strongest case possible. We will investigate factors like accident details, medical reports, and financial losses stemming from your injury. A knowledgeable brain injury attorney California like us handles correspondence with insurance companies and legal proceedings. With our expertise guiding you, we aim to secure a favorable settlement or trial verdict.

Having a trusted TBI attorney like us on your side can alleviate stress during the legal process following a devastating brain injury. So, if you’re thinking, ‘What is my brain injury from an accident?’, contact Karns & Karns Personal Injury and Accident Attorneys today.

What are Common Symptoms Of Traumatic Brain Injury (TBI)?

Traumatic brain injury (TBI) occurs when an external force impacts the head, causing damage to the brain. TBIs range in severity from mild to severe, but even mild cases can result in lifelong complications. Understanding the common signs and symptoms following a TBI is crucial for diagnosis and treatment. If you or a loved one suffers a head injury and experiences any of these symptoms, it is vital to seek medical care promptly.

Common Causes of Traumatic Brain Injuries

A traumatic brain injury (TBI) happens when a sudden trauma damages the brain. There are internal and external causes that can lead to this damage.

Car accidents remain a leading origin of TBI, whether from the initial collision, ejection from the vehicle, or hitting interior surfaces. These crashes cause extreme deceleration forces that slam the brain against the inside of the skull. Acts of violence also commonly involve blows to the head from physical assault, abuse, or gunshots at close range. Contact sports, too, result in TBIs from forcible collisions with equipment, the ground, or other players. Finally, powerful explosive devices used in military combat produce shockwaves that can damage soldiers’ brains without even striking their heads.

Internal causes typically involve health events precipitating falls. Strokes, seizures, low blood sugar, and drug reactions can all result in losing consciousness. The subsequent fall then slams the head forcefully into the ground. Additionally, the suddenly disrupted oxygen and glucose supply to the brain during medical events directly harms delicate tissues.

Whether from external collisions or internal health events, understanding key TBI causes assists with prevention and treatment.

Physical Signs and Symptoms of a Traumatic Brain Injury

Some of the most identifiable signs of TBI relate to physical capabilities and functioning. Since the brain controls motor functions, injuries often impair mobility and coordination. Common physical symptoms include:

Loss of consciousness

If a person loses consciousness for any length of time, it signals the brain has undergone trauma. This critical indicator prompts urgent medical care to assess and monitor the situation. Even a brief loss of consciousness requires emergency evaluation, as it represents acute injury and risk. Doctors will check for ongoing bleeding, swelling, and escalating pressure inside the skull.


Headaches emanating from the site of the injury are a common sensation. These may indicate bleeding, bruising or swelling inside the brain itself. Headaches arising immediately or a few days later suggest TBI. If the headache persists or worsens, it could show an evolving brain hemorrhage requiring intervention. Medications may ease headaches, but ongoing severe head pain always warrants medical attention.


Many people with TBI experience dizziness and vertigo. This symptom indicates potential damage to the brain’s coordination and balance centers. The vestibular system and cerebellum are vulnerable to trauma and may be bruised or swollen after injury. Lingering dizziness hampers daily activities and raises the risk of falls which could inflict further injury.

Nausea and vomiting

Trauma to the brain frequently causes nausea and vomiting. If these symptoms linger for more than a day, it may show swelling or bleeding inside the skull. These symptoms also cause dehydration and chemical shifts which further stress the healing brain. Anti-nausea medication may provide relief but ongoing nausea or vomiting requires medical assessment.


Feeling extremely tired and lacking energy to perform daily activities is very common with TBI. It signals that the brain’s stamina is impaired. This fatigue can be physically and emotionally draining for patients. Energy conservation techniques combined with physical, occupational and speech therapy help counteract persistent exhaustion.

Sleep disturbances

Difficulty sleeping and changes in sleep patterns often arise after brain trauma. This shows disruption to the body’s sleep-wake cycle. Lack of restorative sleep hampers all aspects of TBI recovery. Doctors may prescribe medications to help stabilize sleep rhythms and consult with neurologists for sleep studies.

Sensory problems

Injuries may lead to altered senses of taste, smell, hearing and vision. Loss or heightened sensitivity in these areas reflects injury to brain regions that process sensory information. These sensory shifts add frustration and can interfere with daily functioning. Neuro-optometrists and occupational therapists help patients adjust through rehabilitation exercises.

Cognitive and Emotional Symptoms

In addition to physical symptoms, many cognitive and emotional symptoms emerge after TBI. Since the brain controls our abilities to think, feel and communicate, trauma can profoundly impact these realms. Common cognitive and emotional symptoms include:

Memory loss

One of the hallmark symptoms of TBI is memory deficits. These range from forgetfulness of details to larger gaps indicating amnesia. Memory loss shows potential hippocampal damage.

Concentration and focus problems

Sustaining concentration and focus on tasks requires significant mental energy, which is often lacking after brain trauma.

Processing speed reduction

When the speed and efficiency of understanding information decline, it reveals diffuse damage to the brain’s pathways.

Communication challenges

Speaking, comprehending, reading and writing deficits arise frequently with TBI. Since the brain coordinates communication, injuries to certain areas lead to varied linguistic impairments.

Judgment and reasoning issues

Decision-making involves complex cognition, which relies on multiple undamaged regions. Impaired judgment after an injury highlights damaged areas.

Mood changes

Fluctuations in mood and easier emotional upset or irritation reflect potential limbic system damage regulating emotions.


Many patients suffer reactive depression following the trauma, frustration of symptoms, or reduced quality of life.

No two traumatic brain injuries look exactly the same, given the cognitive complexity and variability of the brain itself. But understanding the diverse range of physical, cognitive, and emotional symptoms empowers patients, families and physicians to identify TBI and seek appropriate treatment. If you notice any cluster of these symptoms after an accident, err on the side of caution and consult a doctor for an assessment. While all brain trauma differs in cause and details, the journey toward healing starts with recognizing common signs.

Working with a Traumatic Brain Injury Attorney

Suffering any degree of traumatic brain injury often brings devastating disruption and costs for survivors and families. Expenses quickly escalate to include medical bills, rehabilitation services, accessibility modifications, lost current and future income, and more.

Working with an experienced personal injury attorney gives you the best chance of securing the compensation you need and rightfully deserve after this life-changing harm. An accomplished brain injury lawyer Los Angeles thoroughly investigates your injury claim, retains expert witnesses, quantifies both economic and non-economic damages, skillfully negotiates settlement offers, or takes your case to trial if necessary.

With compassion and dedication, a Los Angeles traumatic brain injury lawyer from Karns & Karns Personal Injury and Accident Attorneys will fight for justice on your behalf.

The 6 Things You Need to Build a Strong TBI Case in California

Traumatic brain injuries (TBIs) happen daily and can be caused by any number of accidents ranging from slips and falls to road traffic collisions. TBIs are so common that the Centers for Disease Control and Prevention (CDC) found that around 611 people were hospitalized daily in 2019, which equates to a staggering 223,135 cases throughout the year. To build a strong TBI case in California, you’re going to need the following six things.


What is TBI?

A TBI describes any injury that impacts the typical functionality of the brain. Although some people make a full recovery following extensive medical care, countless others are left permanently disabled or even dead. Early signs of a TBI include:

  • Headaches
  • Ringing in the ears (tinnitus)
  • Blurry vision
  • Confusion
  • A bad taste
  • Memory Loss
  • Lightheadedness

If you notice any of these symptoms, schedule an emergency medical assessment and keep hold of any records. When you’re finished being checked over, contact us at Karns & Karns Personal Injury and Accident Attorneys.


Common Causes of TBI

TBIs can come from all sorts of accidents, but statistics and research have shown that most of them result from the following:

  • Slips and falls: Often caused by hazards on commercial land.
  • Auto accidents: Any accident on the road leading to a TBI – trucks are often the culprit.

The cause of the incident will play a part in how our team approaches evidence collection, but the following must be present to build a solid TBI case.


Element 1: Proof You Suffered an Injury

There are four distinct elements that must be proven to build a strong TBI case, and it will involve collecting a series of evidence. The first element is proof you’ve suffered an injury, which is why we told you to keep hold of your medical records. As well as records of your medical assessment, your assigned personal injury attorney will seek expert medical testimonies that we’ll present to the court.


Element 2: The Extent of the Injury

The second element we need to prove is the extent of your injuries, which is what will determine how much compensation you will receive. The damages you can claim in a TBI claim are designed to cover pain and suffering damages along with financial expenses like medical expenses and loss of earnings.  The more serious the injury, the more compensation you will receive.

As with the proof of your injuries, your personal injury lawyer California from Karns & Karns Personal Injury and Accident Attorneys will use medical records and testimonies as evidence. Additionally, we ask that you keep a daily journal with pictures of your injuries and details about how you feel and what impact it’s having. As well as the physical side, you can note down any emotional distress you’re feeling because non-physical damages can be claimed as well.


Element 3: Proof of Long-Term Suffering

To build a winning TBI case, our personal injury law firm must prove that your injuries will have a long-lasting impact on your life, which can include:

  • Ongoing rehabilitation therapy
  • Future surgeries or treatments
  • In-home care or assisted living requirements
  • Loss of income

We will speak to medical professionals and other relevant bodies for evidence surrounding the extent of your injuries. When it comes to loss of earnings, we need to work out how much you are likely to lose over the coming years, which we can figure out by liaising with your employer and diving into your past paychecks.


Element 4: Proof the Injury was Caused by the Accident

Every other element on this list is relatively easy to find evidence for but proving your injury was caused directly by the accident can be a little tricky. This is why you must keep hold of all medical records, even if you attend the emergency room weeks after the accident because you discovered symptoms.

The types of evidence we use to prove TBIs were caused by an accident are:

  • Medical imagery, including x-rays, MRIs, and CT scans.
  • Diagnostic test results that gauge cognitive ability, physical function, mental function, motor skills, speech control, and information processing.
  • Expert testimony from neurologists, rehabilitation professionals, and any other relevant individuals.
  • Witnesses that can provide a “before and after” testimony.
  • Police investigations and accident reconstructions.
  • Photographic evidence including dashcam footage.

A Strong Personal Injury Accident Lawyer

By law, you don’t need to have a legal representative to file a TBI compensation claim or lawsuit in California. However, we highly recommend having one of our top personal injury attorneys in your corner. Following a free consultation and agreement of services, we’ll get to work on the following:

  • Preparing essential documents and filing pleadings.
  • Interviewing witnesses and collecting testimony.
  • Communicating with insurance representatives.
  • Negotiating with opposing counsel and other relevant parties.
  • Taking your case all the way to the jury.

While we’re busy taking care of these tasks and navigating the complex web of TBI injury law, all you need to do is focus on recovery and maintain a daily journal.


Speed to File the Claim

TBIs are extremely traumatic – the clue is in the name. Unfortunately, this can leave victims feeling overwhelmed and scared, and all they often want to do is retreat into themselves. However, the statute of limitations for a personal injury lawsuit must be met or your claim could be barred.  This means you should contact our accident injury lawyers as soon as possible.

The strongest TBI cases are filed within a matter of months. The more time that passes, the less reliable you become as a witness and the more chance there is of something happening to pivotal evidence. After all, if your accident was caused by a business, they may play dirty tactics to avoid paying compensation, which may involve tampering with evidence.

If you or a loved one has experienced a TBI that wasn’t your fault, get in touch with Karns & Karns Personal Injury and Accident Attorneys now.

Is It Safe for Californians to Drive after a TBI?

A traumatic brain injury can happen after any incident that causes a blow to the head area. This might be a car accident or a slip and fall incident, but whatever the circumstances, it is a serious event in every case. Is it safe for Californians to drive after a TBI? Karns & Karns Personal Injury and Accident Attorneys explore this question in the guide presented below.


How Common Are Brain Injuries?

TBIs have a high rate of occurrence among American citizens. They can affect anyone of any age and there are over one million recorded incidents every single year. This is primarily owing to the fact that brain injuries can be caused by a range of impact-related incidents. Anyone who falls in the street, off a bike, bangs their head, has something dropped on them, gets into a car crash, and so many more situations, may become a victim of this kind of head injury.


How Might a TBI Affect Driving?

If you have suffered from a TBI and are wondering exactly how it may impact your ability to drive, talk to our leading personal injury law firm today. When the symptoms and typical consequences of this style of injury are observed, it is easy to see how it may impact the ability to drive. Not only do you have to consider the physical and emotional symptoms, but it is also necessary to ensure you are operating within the law. There are a high number of reasons why head injuries such as this can impact driving from problems concentrating to physical mobility issues.


Common Consequences of a Traumatic Brain Injury

To explore this topic further, it is necessary to address the most common consequences of a traumatic brain injury. When you meet with or talk to a personal injury accident attorney in our team, they will advise you regarding your specific condition too.


It is not uncommon for people who have been through something like this to experience physical numbness in the aftermath. This affects any part of the body, but the most typical areas are the arms and legs. Numbness is a complete loss of feeling and is accompanied for the most part by tingling sensations akin to pins and needles. If you are struggling with this, then it will impact how capable you are of driving safely, which is a major concern.

Loss of Mobility

Brain injuries also affect mobility in various ways. For example, losing the ability to walk or control the legs has been known to happen. Should this be the case for you, it will be incredibly difficult to adapt to driving. Your life has changed in a significant way, and this means forfeiting some of the things you could do before the accident like operating a vehicle.

Vision Impairment

Vision impairment is partial blindness, aura migraines, and random blind spots in the ocular area. Sight is an integral sense when it comes to driving and doing it safely for both yourself, the passengers, and fellow road users.

Dizziness Episodes

It is difficult to do anything when a dizzy spell comes around, never mind driving a car. Unfortunately, brain injury victims typically suffer from episodes of dizziness during the months after the incident took place. How does this impact driving? Well, the most obvious answer is that it is impossible to carry out such an intricate task that requires a high level of concentration and attention if the inside of your head is spinning about. So, in this circumstance, driving would not be recommended or even legal.

Head Pain

Head pain comes in a variety of ways, the most common of all being intense migraines. After a TBI, these can come on at any time, any place, and anywhere. Therefore, getting behind the wheel in the driver’s seat seems like a risky move. Migraines are debilitating forms of head pain and make people take to their bed in a dark room, sometimes for days at a time.

Concentration and Memory

The most important thing a driver must do is concentrate on the road and their vehicle. If your brain has been foggy since the accident, then this won’t be possible and you will be putting yourself, and others, at risk! Memory also plays a part because episodes of confusion are also not ideal for safe drivers.


Seizures are another factor that prohibits sensible vehicle operation. While, like most other symptoms on the list, they cannot be predicted and they may not strike at all, they do still affect over half of all TBI victims.


It is fairly typical for TBI survivors to struggle with heavy fatigue. It is well known that you can’t expect to drive if you are not awake enough to make clear decisions and fulfill your duty of care.


Is It Safe to Return to Driving?

Is it safe? Only your doctor can answer that question properly. The best car accident attorneys in our offices understand the legal side of this question, but evidence will be required from a medical professional in order to gain a sense of the full picture.


What Does the Law Say?

In California, the law is explicitly clear on who can and cannot return to driving after a brain injury. It allows the DMV to issue a request for a re-examination for anyone who wants to drive post-TBI. Though this may feel like a hurdle to jump through, if you want to go back to normal and get back in your car, this is just a box you have to tick.


Karns & Karns Personal Injury and Accident Attorneys Are Here to Help

Whether you are an innocent pedestrian who suffered through a hit-and-run, or a car driver hit by a drunk rider, we can help you find the best path forward. With years of experience behind us, we will direct you to the right place.

Is it safe for Californians to drive after a TBI? Get in touch with us today to talk it through with our expert attorneys. Serving clients is what we do, and there is no conversation too big or too small. Visit our offices to find out how we can support you.

Understanding the Different Types of Brain Injuries Caused by Car Accidents

brain injury attorneys

Traumatic Brain Injury (TBI) has been a major cause of death in the United States. In 2020 statistics by the Center for Disease and Control Prevention there are 64,000 deaths caused by TBI and motor vehicle accidents is one of the leading causes of TBIs.

TBIs are also tricky most especially in the older individuals who have pre-existing conditions like dementia or individuals who are taking blood thinners. TBIs may be classified as mild, moderate or severe. Whatever the classification is, they all need immediate diagnosis and treatment.

The impact of TBIs are both short term and long term and it is a paramount step that victims of motor vehicles be able to understand the different types of brain injuries caused by car accidents. This is a crucial step in determining the claims and compensation that your brain injury lawyers will be working for you.

Diagnosing A Brain Injury

As for any kind of disease or sickness, the accuracy of diagnosing a brain injury will determine the medical intervention to develop a treatment plan.To be able to do so a comprehensive evaluation has to be done including the patients’ medical history, experiences and current physical condition. Your brain injury attorneys recommend undergoing these tests to have the best prognosis of your injury.

Technology has contributed to a better diagnosis of TBI and some of the tests conducted are the following:

CT Scan: Computerized tomography scan combines a series of X-rays images with different angles to create images of bones, blood vessels and brain to name a few to identify any signs of injury.

MRI: Magnetic Resonance imaging employs a powerful magnet which produces a magnetic field forcing the protons of the body to align with that field. MRI can see what the disease could be most especially for the non-bony or soft tissues of the body including the brain.

Neuropsychological evaluation/testing: assess how the brain functions with questions and administrative tests which indirectly yields information about the structural and cognitive function of the brain.

EEG: Electroencephalogram detects brain abnormalities in your brain waves or electrical activity. This is done by pasting metal discs with thin wires in your scalp.

Treatments Available for TBIs

There are available interventions that will help you recover and avoid a long-term effect of TBIs. You should immediately research and get in touch with the best providers of these therapies and look for the best medical specialist in this field.

  • Physical Therapy
  • Occupational Therapy
  • Speech and Language Therapy
  • Cognitive Therapy
  • Medications

Types of Traumatic Brain Injuries

TBI is a general term or a category that covers the different types of damages. Once the kind of brain injury is determined then the symptoms and prognosis for recovery will come next. Your brain injury accident lawyer will guide you on the steps you need to immediately take and follow religiously.

There are 2 main categories of TBI, first is the closed injuries and the second is the open (or penetrating) injuries.

Below are the different types of TBIs:

  1. Concussions are the most common type of TBI and this occurs when a strong force strikes your head, your brain moves in the direction of the force causing it to collide in your skull thus causing damage. You may experience headache, vision concerns, nausea and hear ringing in your ear. It may cause a long term problem that impacts your memory and sensitivity to light and sound. This was considered a minor problem but this time it is taken seriously because of life-long difficulties.
  2. Contusions happen when you usually have concussions. It is a bruise in the brain meaning there may be a mild form of bleeding. If a contusion does not heal on its own, it can be a hematoma which will require a surgery to remove.
  3. Brain Hemorrhage is the uncontrolled bleeding on the brain’s surface or within the brain tissue itself.
  4. Hematoma is a common TBI resulting from motor vehicle accidents. This is a collection of blood outside of blood vessels. Severe hematoma was experienced by 1.25 M from the 16 million subdural hematomas caused by car accidents. Because of a blunt force trauma from the impact of the collision, hematoma can happen in the head, neck or chest. Large hematomas in the brain that are not treated can lead to serious injury or even death. There are cases where these injuries develop days after the accident. If you experienced vomiting, severe headaches or unequal pupils, you should immediately go to your physician for immediate testing and diagnosis.
  5. Skull Fracture is a break in one or more bones. You may experience clear fluid running from nose and ears, cranial swelling, bruising around the eyes and being disoriented. This is a very serious TBI as 1/3 of people who sustained this injury do not survive while 25% sustain a permanent disability.
  6. Coup-Contrecoup Brain Injury is another serious type of traumatic brain injury. The term coup and contrecoup are French words for “blow” and “counterblow”. The coup injury occurs at the point of impact while contrecoup occurs on the opposite side of the brain where the blow struck. This usually occurs when the brain is struck on a stationary object, such as a steering wheel on a car or motor accident.
  7. Diffuse Axonal Injury (DAI) is considered one of the most severe type of traumatic brain injury. In case of a motor vehicle accident where the impact occurs in a high speed collision. The brain is shaken or twisted inside the skull. As the twisting of the brain happens, the cerebral tissue slides back and forth until the axons (long connecting fibers in the brain) stretch and tear leading to widespread brain damage. This can result in loss of brain function like loss of consciousness, coma or persistent vegetative stage.

Building Your Case

The victim or loved ones of car accidents will realize that calling a brain damage lawyer at the soonest possible time as you understand the types of brain injuries caused by car accidents. Your brain injury attorneys will immediately work in determining the appropriate claims and compensation as they build your case and gather all evidence. Experts and medical specialists will be contacted not just to serve as witness in case of a court trial but also to provide the best medical advice for the injured victims.

Help And Support

Seek for help and support if you or your loved one suffer from TBI. There are a number of organizations that are providing the help and assistance you need during these trying times. Realize though that you are not alone there are people who are committed and dedicated to help you or your loved ones. Get in touch with them now while your brain damage lawyer is working on your case.