Traumatic Brain Injuries and California Law: What You Need to Know

When you or a loved one encounters a deadly accident, you don’t want to know what will happen next. Not everyone has the courage to face the consequences, especially when the accident resulted in traumatic brain injuries in California. But a personal injury lawyer can help ease your burden and help recover the compensation you deserve. 

Traumatic brain injuries involve any severe head injury that culminates in a lifelong physical or mental detriment. If you or a family member suffered a brain injury due to the negligence of another person, you need to seek legal help from an experienced personal injury lawyer.  

Traumatic Brain Injuries in California: An Overview

There are approximately 5.3 million Americans who live with a disability specifically related to traumatic brain injuries. This is according to the data released by the American Association of Neurological Surgeons or AANS. Each year, approximately 1.7 million new cases emerge in the United States. Sad to say that 80 – 90,000 people develop permanent disability associated with traumatic brain injuries every year. 

Some cases are the consequences of negligence, recklessness, or irresponsibility. In case another individual or party caused the traumatic brain injuries, he or she can be held accountable.  

What is a Traumatic Brain Injury?

Traumatic brain injury results from a knock or a bump to the head from damaging or strong trauma. The initial injury that occurs right after the impact is commonly known as the primary injury. During the accident, your brain smashes from side to side inside the skull. It bleeds and sustains bruising with torn nerve fibers.

As a victim, you become confused and don’t recall what happened. Moreover, you’ll experience cloudy vision and dizziness or even pass out. You may look fine at first, but your condition can deteriorate quickly. 

After the occurrence of the initial effect, your brain endures a delayed trauma. It becomes swollen as it pushes itself against your skull. This results in reduced blood flow of blood rich in oxygen. This is what is known as the secondary injury which is more disastrous than the primary injury.

traumatic brain injuries in california

Classification of Traumatic Brain Injuries Based on Injury Exigency and Acquisition

There are three classifications of traumatic brain injuries according to its seriousness and how the victim acquired it. These are mild, moderate, and severe.


In this state, the injured victim is conscious and the eyes open. He may feel confused and disoriented. Moreover, he may lose his memory, experience headache, and pass out briefly.


The person feels sluggish and loses consciousness that can last from 20 to 6 hours. Brain swelling or bleeding can occur that cause sleepiness. Fortunately, the victim can still wake up from his sleepiness. 


The injured person lost his consciousness and eyes didn’t open even with provocation. His unconsciousness can last for over 6 hours.

What Causes Traumatic Brain Injuries?

Possible accidents can happen in the workplace or on the road that may cause excruciating head trauma. Below are some of the most common factors that may cause brain injuries. 

Work-Related Accidents

This accident usually happens in warehouses or construction sites, and any other unsafe locations that always cause brain injuries. Most often than not, these work-related accidents occur when a worker slips or when struck by a hard or sharp object.

Motor Vehicle Accidents 

Studies show that motor vehicle mishaps cause more than half of traumatic brain injuries. The extent of injury relies on several factors which include the vehicle’s speed, road conditions, weather conditions, and if it involves drunk driving. 

Slip and Fall Accidents

This can result in traumatic brain injuries if the victim’s head hits a hard object or surface. Additionally, this accident usually leads to critical neck and spinal cord injury. 

Medical Negligence

Unfortunately, most brain injuries develop from the malpractice or wrongful acts of credible medical specialists. Medical negligence includes a surgical error, substandard care, and birth injury. It may also involve failed or inaccurate diagnosis or treatment and nursing home carelessness.

California Laws Regarding Traumatic Brain Injuries

There are several laws in California that might be applicable to traumatic brain injuries. This includes the following:

Statute of Limitations

This law confines the time to filing your traumatic brain injury claim. If you missed filing a case before the given time, you’ll lose your right to get compensation from the people liable for your damages.

In most legal prosecutions, the plaintiff is usually provided with two years to file a lawsuit from the date of the accident. This statute applies to accidents involving motorcycles, slip and fall accidents, faulty products, aggression, and criminal or negligent acts. There are some exceptions regarding this general rule and it’s best to speak with a personal injury lawyer to discuss your case. 

Justifying Fault and Accountability

When you file a personal injury lawsuit in California, you need to prove that the other party was “at fault.” You have to justify that it’s his or her negligence that caused your or your loved one’s traumatic brain injuries.  

Filing a Lawsuit with a Reputable Personal Injury Lawyer

When you or a loved one developed a disability because of traumatic brain injuries, it’s best to file a lawsuit. Due to the extent of damage, you need to have a full recovery, physically, emotionally, and financially. 

Talk to us at Oktanyan Der-Grigorian Law Group and we’ll discuss your concern. You may reach us at (818) 975-3080. Call today and get the compensation you justly deserve.

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