Fresno Brain Injury Lawyer

Helping TBI Victims Seek Justice & Fair Compensation in California

A brain injury is one of the most life-altering and devastating injuries a person can experience. The impact can be both immediate and long-lasting, affecting your physical health and your emotional, cognitive, and financial well-being. When your brain injury is the result of someone else’s negligence, it can leave you feeling a mix of anger, confusion, and uncertainty about the future. The overwhelming frustration of knowing your life has been changed due to someone else’s carelessness. However, you don’t have to face this challenging situation alone. With Fowler | Helsel | Vogt by your side, you have a dedicated team committed to guiding you through every step of the legal process, fighting for the compensation you deserve, and helping you rebuild your life.

Have you or a loved one suffered a brain injury in Fresno? Call Fowler | Helsel | Vogt today at (559) 283-8091 or contact us online for a free consultation with our brain injury attorney in Fresno!

Why You Should File a Brain Injury Claim

If another person’s negligence caused your injury, you should not hesitate to pursue a brain injury claim. You will want to work with an attorney who treats these cases with the utmost care, including helping you file a claim and fight for the full and fair compensation you deserve.

You may be able to recover damages for:

• Medical expenses: Cost of all medical treatment, including hospital stays, surgeries, medications, rehabilitation, and ongoing medical care.
• Lost wages: Income lost due to the inability to work during recovery.
• Loss of earning capacity: If the TBI results in long-term or permanent disability that affects the victim’s ability to work.
• Pain and suffering: Compensation for physical pain and emotional distress experienced due to the injury.
• Loss of enjoyment of life: Damages for the loss of ability to enjoy everyday activities and hobbies.
• Emotional distress: Compensation for any psychological impacts, such as anxiety, depression, and PTSD.
• Loss of consortium: Compensation for the impact of the injury on relationships with spouses or family members.

In some cases, punitive damages may also be awarded to a TBI victim if the defendant’s actions were particularly egregious or malicious. These damages serve as a punishment and deterrent against future misconduct.

It’s important to understand that the legal process can be complex. Professional guidance ensures that all aspects of your suffering are effectively presented, maximizing your potential compensation. From compiling evidence to negotiating settlements, having legal assistance can be crucial for navigating the intricacies of a brain injury claim.

Common Causes of Brain Injuries

Any incident that causes trauma to the head can result in a brain injury.

Some of the most common causes of brain injuries in the U.S. include:

• Car accidents
• Truck accidents
• Bicycle accidents
• Motorcycle accidents
• Pedestrian accidents
• Slip and fall accidents
• Defective products
• Medical malpractice

Each of these causes can have unique legal implications, which underscores the importance of consulting a knowledgeable brain injury lawyer familiar with the specifics of TBI-related claims. Whether dealing with an insurance company or preparing for court, navigating the aftermath of a brain injury often requires specialized legal knowledge to ensure that your rights are fully protected.

If someone else’s negligence caused your brain injury, call Fowler | Helsel | Vogt to speak with our brain injury attorneys in Fresno.

Car Accident TBIs

Traumatic brain injuries (TBI) are serious and potentially debilitating injuries that commonly result from a car crash. The Centers for Disease Control and Prevention (CDC) estimates that each year more than 2.5 million people sustain a TBI, and nearly 50,000 of them die from their injuries. Here, we discuss some of the studies surrounding which groups may be more at risk of sustaining one of these injuries based on a few factors.

Influential Factors

• Back vs. front seat: A 2018 study looked at the risk of TBI based on seat position in a car crash. Researchers found that backseat passengers were at greater risk than those seated in the front seat, mainly when not using a seatbelt or other restraint device. Drivers had the lowest risk factor; however, mortality rates were significantly higher among those sitting in the front passenger seat.
• Age: Other research has shown that children are at a significantly high risk of sustaining a head injury in a motor vehicle accident. Children under 4 years old are particularly vulnerable. They are 8 times more likely to sustain an incapacitating injury if not properly restrained in an appropriate child safety seat, booster seat, or lap/shoulder belt system, depending on their age and size. For example, infants should be placed rear-facing until they reach two years old or until they outgrow the height or weight limits set by the car seat manufacturer.

Positioning within a vehicle and utilizing proper safety measures can dramatically affect the risk of TBI. Adults should ensure children are safely secured, and all passengers should be informed of the risks and precautions associated with airbag deployment, particularly with front-seat seating. This highlights the importance of comprehensive safety practices and awareness among drivers and passengers alike.

Although using the appropriate safety restraint is one of the most effective ways to reduce the possibility of sustaining a traumatic brain injury in a crash, it is not guaranteed, so drivers and passengers should remain cautious.

Types of TBI

A traumatic brain injury (TBI) is a type of injury that occurs when there is sudden trauma or external force applied to the head, which results in damage to the brain. TBIs can range from mild to severe, and they can have a wide range of short-term and long-term effects on an individual’s physical, cognitive, emotional, and behavioral functioning.

There are several common types of traumatic brain injuries, classified based on the severity and nature of the damage. These include:

Concussion

A concussion is a mild TBI that typically results from a blow to the head or a sudden jolt to the body. It may not always involve loss of consciousness. Symptoms can include headache, dizziness, memory problems, and sensitivity to light and noise. Most people recover from concussions with rest and time.

Contusion

A contusion is a bruise on the brain, often caused by a direct impact to the head. Contusions can vary in severity, and more serious contusions may require surgical intervention to remove the damaged tissue.

Coup-Contrecoup Injury

This type of TBI occurs when the force of impact is so strong that the brain moves within the skull, leading to injuries both at the site of impact (coup) and on the opposite side of the brain (contrecoup). It’s common in high-velocity accidents.

Diffuse Axonal Injury (DAI)

DAI is a severe TBI caused by nerve fibers (axons) stretching and tearing throughout the brain. It often results from rapid acceleration or deceleration, such as in car accidents or shaken baby syndrome. DAI can lead to widespread brain damage and may have long-term consequences.

Penetrating Injury

Penetrating TBIs occur when an object (e.g., a bullet or a piece of bone) penetrates the skull and damages brain tissue. These injuries are typically severe and may require surgery to remove the foreign object and repair the damage.

Second Impact Syndrome

Second impact syndrome occurs when an individual sustains a second head injury before fully recovering from a previous one. It is a rare but hazardous condition that can lead to rapid and severe brain swelling.

It’s critical for individuals engaged in contact sports or other high-risk activities to proactively manage the risk of a second injury by allowing adequate recovery time from any initial TBI and following medical advice regarding return to play or activity.

Hematoma

A hematoma is a collection of blood outside of blood vessels. In the context of TBI, there are three primary types:

• Epidural hematoma: between the skull and the outer membrane of the brain
• Subdural hematoma: between the brain and the dura mater
• Intracerebral hematoma: within the brain tissue

Hematomas can put pressure on the brain and require medical intervention.