Using The Law To Advocate For Traumatic Brain Injury Survivors

Suffering a traumatic brain injury (TBI) can leave you with physical pain, impaired cognitive function, extensive medical bills and an uncertain future. You may also feel angry that the person or party who caused your accident has not experienced repercussions for their negligence. One way to hold them accountable and to recover compensation for your losses is to work with an attorney to file a personal injury lawsuit.

At Rencher Law Group, P.C., we use our in-depth knowledge and substantial skill to advocate for the survivors of traumatic brain injuries. D.L. Rencher, our founding attorney, has more than 20 years of legal experience handling serious injury cases. He has built his law firm around the goal of helping the people of California, no matter how difficult their challenges.

Traumatic Brain Injuries: What To Know

A car accident can cause a brain injury that may impact the rest of your life. Victims often suffer from concussions, brain contusions, skull fractures, brain penetration and acquired brain injuries that result from other injuries from the accident, such as blood loss and neck injuries. The most severe brain injury victims can suffer from a car accident is a traumatic brain injury.

A traumatic brain injury occurs in the brain when the skull experiences a major impact. Some of their symptoms include:

• Dizziness
• Confusion
• Memory problems
• Headaches
• Personality changes
• Mood swings
• Blurred vision
• Nausea
• Difficulty walking or talking

TBIs can have devastating effects on victims, as they are one of the most severe categories of injury. Depending on how severe your injury is, symptoms can range from short-term issues to chronic health conditions. The most severe cases may result in wrongful death.

For more severe TBIs, victims can experience similar symptoms to a mild TBI but intensified, plus comas, weakness in fingers and toes, loss of coordination and seizures. Depending on the severity of your accident, you may need to receive treatment and rehabilitation for the rest of your life.

Our Experience Handling Traumatic Brain Injuries

To diagnose a TBI, the injured person will undergo medical testing such as CT scans, MRIs and other diagnostic tests administered by a medical professional. The visual scans and the medical documentation are then utilized as evidence in court or negotiations to prove the injury’s validity.

As a former aircraft firefighter/emergency medical technician in the military, Mr. Rencher has worked with accident survivors firsthand. He understands how overwhelming a severe TBI can be for survivors and their loved ones. Because he used to work as a trauma scribe, he knows how to describe trauma accurately so insurance representatives, jurors and judges understand the extent of the pain you endured. Whether you sustained a TBI from a car accident or from tripping and falling, he offers the legal acumen and compassion that you need throughout your recovery process.

Common Questions About Traumatic Brain Injuries

What if you were partially at fault for the accident that caused the TBI?

Under California law, you may still receive damages even if you were partially to blame for your accident, but your compensation will be reduced by the percentage of fault that was allocated to you. For example, if you were 50% at fault for the accident, you will receive 50% of the total settlement or jury award.

How do you prove a TBI?

Medical evidence is crucial to proving a traumatic brain injury. CT scans, MRIs and other tests can show damage to the brain such as swelling and bleeding. Additional tests can document cognitive impairment and physical symptoms of a TBI.

In addition, testimony from family members may demonstrate the injury victim’s decreased quality of life and reduced ability to care for themself.

Is there a time limit for filing a lawsuit for a traumatic brain injury in California?

Yes, the statute of limitations for filing a personal injury lawsuit in California is two years from the date of the accident. TBIs can be difficult to diagnose at first, so it is important to see a doctor immediately even if you are not sure you have a brain injury. Early documentation of symptoms may help with a diagnosis and early treatment options.

What types of damages can be recovered in a traumatic brain injury case in California?

There are two types of damages: economic and noneconomic. You may recover damages for your losses in both categories.

Economic damages are for financial losses you sustained. This can include lost income, lost benefits, loss of earning capacity, medical expenses, long-term care, funeral/burial costs, and any modifications to your home and vehicles. Noneconomic, or personal, losses may cover pain and suffering, emotional distress, loss of enjoyment of life and loss of consortium.

Discuss Your TBI Case In A Free Consultation

You deserve the legal help of skilled attorneys after a traumatic brain injury. Reach out to us at Rencher Law Group, P.C., and we can assist you free of charge. We offer free initial consultations. What’s more, we provide contingency fee arrangements in injury cases. That means you won’t pay us any attorney fees unless we recover compensation for you.

To schedule an appointment with our San Diego or San Francisco staff, please call 415-853-8467 or send us an email.