Looking at Brain Injury from a Legal Perspective

Brain injuries can be long-lasting, life-changing, and fatal–in serious cases. Filing a claim against the faulting party, entity, or organization is a justified recourse for brain injury survivors. Victims of brain injury need to offset losses incurred, including bodily injury, property damage, lost earning potential, and much more.

A Bakersfield brain injury attorney can help casualties of brain injury even when they’re not capable of pursuing justice or filing a personal injury claim. Brain injury lawsuits are complex, costly, and involving–and can exert unnecessary pressure on immediate family members. The good thing is that most lawyers offer free consultation and work on no win no fee arrangements to alleviate legal challenges that caregivers could be going through.

Causes, Symptoms, and Treatment of Brain injury

Traumatic Brain Injury (TBI) disrupts the normal functioning of the brain and it can result from a blow, sudden jolting of the head, hitting blunt objects, and deep skull piercings. Common symptoms of brain injury can include:

  • Unconsciousness;
  • Amnesia or memory loss; most TBI patients experience difficulties in remembering momentous past events;
  • Neurological challenges, such as decreased motor skills, blindness, and speech challenges;
  • Mental disorientation, slow to think, or concentration problems;
  • Vomiting;
  • Paralysis or coma;
  • Optical challenges, including blurred vision, seeing double images, shunning bright light, abnormal eye movement & dilated pupils, or blindness;

Dizziness and slow pulse;

Breathing difficulties;

Ringing ears;

What to Consider When Filing a Brain Injury Claim

The effects of a brain injury depend on the severity of the injury, and an injury can be minor or serious (traumatic). Victims of traumatic brain injury require specialized care, causing financial and emotional strain to caregivers, particularly family members–that’s why claiming damages through a brain injury attorney is vital because they understand the needs of a brain injury survivor.

Brain injury attorneys work with the immediate family members of the patient to draft comprehensive compensation claims are comprehensive that can cater to the current and future needs of the patient sufficiently. Traumatic brain injury claims typically demand high compensations than for minor brain injuries due to the level of support involved. The recoverable damaged to consider when drafting a brain injury claim include:

  • Caregivers’ salaries;
  • Lost wages;
  • Cost of communication devices and mobility aids, such as phones, wheelchair, and crutches;
  • Expenses related to the patient’s psychological & physical treatments–including doctor’s fees and therapy expenses;
  • House adaptations.

Types of Injuries Associated with TBI

TBIs mainly cause “mass lesions,” such as hematomas or contusions–that increase pressure in the brain. However, more injuries can be caused by brain injury including:


A hematoma refers to a blood clot in the brain and can occur anywhere within your brain. Blood collects between the brain and the skull. Hematomas are of two types; epidural or subdural hematoma.


Contusions are bruises on the brain tissue. And they look like bruises that appear on other body parts when examined under a microscope. The swollen part of the brain mixes with blood and leaks from blood vessels within the brain, such as arteries, veins, and capillaries. Contusions typically appear at the front area of the brain, although they can occur anywhere.

Intracerebral Hemorrhage

Intracerebral hemorrhage (ICH) is bleeding within brain tissue and is related to other brain injuries, particularly contusions. This clot can be surgically removed, depending on its size and location.

Diffuse Injuries

TBIs can produce microscopic changes that do not appear on CT scans and are scattered throughout the brain. This category of injuries, called diffuse brain injury, may occur with or without an associated mass lesion.

Diffuse Axonal Injury

Axonal injury refers to an impairment or the gradual loss of axons. Axons are long nerve extensions that facilitate nervous communication. Diffuse Axonal injury causes nervous communication breakdown that can cause severe disabilities in extreme cases.


Ischemia is also a diffuse injury that can limit blood supply to some parts of your brain. Decreased blood supply, to dangerously low levels, is common in most TBI patients. A brain that has just experienced a TBI is particularly sensitive to low blood supply and low blood pressure can adversely affect the patient.

Skull Fractures

Skull fractures, whether minor or severe, can cause a TBI. Forces strong enough to fracture the skull can damage the brain and can be dangerous if not addressed immediately. Cerebrospinal fluid (CSF) can leak through the nose or ears can occur if a fracture extends to other sensitive areas, such as the sinuses. In depressed skull fractures, the skull presses on the brain, hindering oxygen and blood supply.

Brain injury treatment can be costly and unaffordable to most people–that’s why you should consult a brain injury attorney immediately after an accident.

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