Eisenberg Law Group

Traumatic
Brain Injuries

Los Angeles Traumatic Brain Injury (TBI) Attorneys

A Traumatic Brain Injury (TBI) occurs when a sudden, external, physical event damages the brain.  More specifically, physical trauma to the brain or a violent shaking of the skull can cause shearing (or tearing) of the microscopic nerve fibers in the brain.  This shearing can cause mild, moderate, or severe disruption of brain function and can range from a mild concussion to a severe injury that results in coma or even death.

What are the Different Types of Brain Injury?

Closed Brain Injury: often referred to as a “Closed Head Injury”, a closed brain injury occurs where there is an injury to the brain with no break in the skull.  This frequently occurs with a rapid forward or backward movement and shaking of the brain inside of the skull that results in bruising and tearing of brain tissue and blood vessels.  Closed brain injuries are often caused by car accidents, falls, and sports.

Penetrating Brain Injury: often referred to as an “Open Head Injury”, a penetrating brain injury occurs where there is a break in the skull, such as when a bullet pierces the brain.

Primary brain injury: occurs immediately after an accident. This includes skull fracture, contusions, concussions, lacerations & diffuse axonal injury. These injuries generally happen in minutes sometimes up to an hour or so.

Secondary brain injury: evolves over a period of time (this can be hours or days or months). It’s an indirect result from the primary injury, secondary injury includes but is not limited to ischemia, hypoxia, hypo/hypertension, cerebral edema, raised intracranial pressure, hypercapnia, meningitis, biochemical changes & epilepsy.

What are the Common Symptoms of a Traumatic Brain Injury?

Cognitive Deficits
  • Confusion
  • Shortened attention span
  • Memory problems and amnesia
  • Difficulty problem-solving
  • Lack of sound judgment
  • Inability to understand abstract concepts
  • Loss of sense of time and space
  • Decreased awareness of self and others
  • Difficulty understanding more than one or two-step commands at once
Motor Deficits
  • Paralysis or weakness
  • Spasticity (tightening and shortening of the muscles)
  • Poor balance
  • Decreased endurance
  • Inability to plan motor movements
  • Tremors
  • Difficulty swallowing
  • Decreased awareness of self and others
  • Difficulty understanding more than one or two-step commands at once

Perceptual or Sensory Deficits

  • Changes or reduction in hearing, vision, taste, smell, and touch
  • Decrease or increase in sensation of certain body parts
  • Difficulty controlling or understanding where limbs are in relation to the body
  • Disruption of vision, including double vision, blurred vision, or limited range of vision

Communication and Language Deficits

  • Difficulty speaking and understanding speech
  • Difficulty selecting the correct words while speaking
  • Difficulty reading or writing
  • Difficulty communicating with others
  • Delayed speech
  • Decreased vocabulary
  • Difficulty forming sentences
  • Difficulty reading, writing, and working with numbers
  • Difficulty identifying objects and their functions

Functional Deficits

  • Difficulty with activities of daily living (ADLs), such as getting dressed, showering, brushing one’s teeth, and eating
  • Difficulty with organization, shopping, or paying bills
  • Difficulty or inability to drive a car or operate machinery

Regulatory Disturbances

  • Fatigue
  • Disruption of sleep and changes in sleep patterns
  • Dizziness
  • Headaches
  • Loss of bowel and bladder control

Personality Changes

  • Lack of interest in activities or events
  • Decreased motivation
  • Uncontrollable laughing or crying
  • Heightened irritability
  • Anxiety and depression

How do Doctors Diagnose a TBI?

Most often, TBI is diagnosed through an evaluation of symptoms, imaging studies, and neuropsychological testing.

Do Imaging Studies Always Show a TBI?

Frequently, if a doctor suspects that an individual has sustained a traumatic brain injury, the individual will undergo imaging studies.  The two most common imaging studies are a Magnetic Resonance Imaging (MRI) study of the brain and a Computerized Tomography (CT) scan of the brain.

Magnetic Resonance Imaging (MRI) study- a magnetic resonance imaging study (MRI) is a medical imaging technique that uses a magnetic field and computer-generated radio waves to create detailed images of the brain.

Computerized Tomography (CT) Scan- a computerized tomography (CT) scan combines a series of X-ray images taken from different angles around your body and uses computer processing to create cross-sectional images (slices) of the bones, blood vessels and soft tissues inside your body.  CT scans provide more detailed information than ordinary X-rays do.

It is critical to know that imaging studies do not always show evidence of a TBI.  Imaging studies are just one piece of the puzzle in diagnosing a TBI and cannot be used alone in the diagnosis.

What Type of Doctor Should I See If I Have Sustained a TBI?

Neurologist- First and foremost, individuals that are suffering from a traumatic brain injury should see a neurologist.  Neurology is the branch of medicine concerned with the study and treatment of disorders of the nervous system.  The nervous system is a complex, sophisticated system that regulates and coordinates the body’s activities.  The nervous system is divided into two parts:

  • Central Nervous System- the brain and spinal cord
  • Peripheral Nervous System- all other parts of the body, such as eyes, ears, skin, and other “sensory receptors”

Neuropsychologist-After undergoing an examination and evaluation by a neurologist, the neurologist may refer the individual suffering from a TBI to a neuropsychologist.  Neuropsychology is a specialty field within clinical psychology dedicated to understanding the relationships between brain and behavior, particularly as these relationships can be applied to the diagnosis of brain disorder, assessment of cognitive and behavioral functioning.

Psychiatrist- A neurologist or neuropsychologist may refer an individual suffering from a TBI to a psychiatrist.  Psychiatry is a branch of medicine focused on the diagnosis, treatment, and prevention of mental, emotional and behavioral disorders.

Physical Therapist- a physical therapist is a trained and licensed medical professional with experience in diagnosing physical abnormalities, restoring physical function and mobility, maintaining physical function, and promoting physical activity and proper function.

Occupational Therapist-occupational therapists assist people recovering from injury to regain skills and activities of daily living and in providing support for those that have suffered physical and cognitive changes.

What Kind of Damages Can I Recover in a TBI Case?

Under California law, if you have suffered a traumatic brain injury you can recover two different categories of damages: Economic Damages and Non-Economic Damages.

Economic Damages include the following:

  • Property damage (damage to your vehicle)
  • Loss of earnings (money lost due to time off from work)
  • Medical bills and expenses (past and future)
  • Medication expenses (past and future)
  • Expenses for medical equipment such as a wheelchair, cane, or brace
  • Rental car expenses

Non-Economic Damages include the following:

  • Physical pain
  • Mental suffering
  • Loss of enjoyment of life
  • Anxiety
  • Inconvenience
  • Grief
  • Humiliation
  • Emotional distress

Under California law, if you have suffered a traumatic brain injury, you are entitled to be compensated for each and every item of damage described above.  More importantly, you are entitled to recover both past and future non-economic damages.  At Eisenberg Law Group, we know how to maximize the value of each item of damage so that your recovery is as large as possible.

Don’t allow the insurance company to minimize your claim.  Make sure that you have an attorney that knows how to recover the maximum amount for each and every item of damage allowed under California law.

The Importance of an Attorney for a Traumatic Brain Injury Case

Any head injury should be taken seriously, but one that affects the brain can have debilitating effects on the victim’s physical, mental, emotional and financial health. The victim may be unable to work, drive, communicate, care for a household or family, or even perform basic self-care tasks.

Regardless of the type or severity of brain injury, it’s critical that you enlist the services of a reputable attorney as quickly as possible. An experienced personal injury attorney can help to speed up the recovery process by making recommendations for medical professionals and treatment, navigating the complex insurance claims process, and ensuring that you are fully and fairly compensated for your injuries and damages.

How Can I Make Sure that My Brain Injury Will Be Taken Care of in the Future?

An experienced traumatic brain injury attorney will work in conjunction with medical specialists to develop a life care plan for the brain injury victim.  A life care plan will help provide the brain injury victim with all of the resources and assistance necessary to allow the brain injury victim to live as comfortably as possible.  A life care plan will include funds for future medical care that the brain injury victim will need, such as assistive devices, occupational therapy, physical therapy, psychiatry, nursing assistance, medication, and future surgeries or medical procedures.

At Eisenberg Law Group, we have more than three decades of proven experience in personal injury law, including cases involving traumatic brain injuries. Because Gary started his career working for insurance companies, he has firsthand knowledge of how they operate and how they try to reduce the value of your TBI claim.  Since we at Eisenberg Law Group have this inside knowledge, we are able to prepare your case so that you get the best medical care possible and so that you get the largest recovery possible.

When you choose Eisenberg Law Group as your Los Angeles personal injury attorneys, we will explore all avenues of recovery to ensure that you get the maximum financial award to cover your medical bills (past and future), rehabilitation costs, pain and suffering (past and future), lost wages (current and future), mental distress and other losses. We always strive to negotiate a favorable settlement out of court, however, we are willing and able to take cases to court when necessary.

When you choose Eisenberg Law Group as your Los Angeles traumatic brain injury attorneys, we will fight for you, employ effective strategies to prove your case, and get you maximum compensation for your claim.

When you work with Eisenberg Law Group, you will benefit from our emphasis on these fundamental cornerstones of our practice:

Personalized service: You can contact our attorneys directly at any time to discuss the details of your case. We will never route you to assistants or recorded messages. As a family-owned law firm, we combine the expertise and experience of larger firms with the friendly feel of a smaller law office.

Proven results: We have recovered millions of dollars in compensation for victims of catastrophic personal injuries, including traumatic brain injuries. Our team works hard to recover the maximum compensation available by law. Our success rates—both in and out of court—speak for themselves.

Risk-free representation: Consultations are always free, and you will not pay any attorney’s fees until we win your case.

Don't Go Another Day Without Legal Protection

Don’t let someone’s recklessness or negligence plunge you into physical, emotional, and economic ruin. Contact Eisenberg Law Group today to get back on the path to physical and financial wellness, while helping to support your family members and anyone else who has been affected by your TBI.

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