What is a Traumatic Brain Injury?


What is a Traumatic Brain Injury? Brain injuries could be caused by all types of accidents, but, regardless of the accident type, the resulting effect on a victim is usually life-altering. The initial pain requires emergency medical care, but there is often ongoing treatment that adds to the overall healthcare costs. Pain, suffering, and financial losses hit your household hard, which can be especially difficult at a time when you cannot work due to the degree of your brain injury. The attorneys at Sachs Burns in California have the experience and knowledge you need to acquire the maximum level of compensation permissible under current laws for all of the damages you suffered.

Establishing a Claim for Brain Injury

Unfortunately, a brain injury is often the result of another individual’s intentional conduct or recklessness, and, in some cases, defective consumer products might also be a causal factor. In order to prove liability for a brain injury rooted in negligence, a victim must illustrate:
• There was a duty of care obliged to him or her;
• The party that owed the legal responsibility of care failed to observe it;
• A brain injury resulted from the liable party’s failure to follow their legal duty of care; and,
• That there were damages caused by the brain injury, losses that entitle the plaintiff to compensation.

Damages in a California Brain Injury Case

The damages factor in a brain injury case based on negligence is key because it relates to the amount of compensation a victim may recover from the liable party. The legal concept of damages includes two main categories:

1. Economic Damages: When losses are calculable via material evidence, they qualify as economic damages. The medical costs you acquire from initial treatment and ongoing care can be determined from officially issued bills. When you cannot work because of your brain injury accident, you may use past payroll details to prove lost wages. Economic damages have what is commonly referred to as a “paper trail.”
2. Non-Economic Damages: As a survivor of a brain injury accident, you may suffer inconceivable pain. Your suffering cannot be assigned a dollar value because no one can put a price tag to physical anguish, emotional distress, and the effect of your injuries on your relationships. However, it is possible to argue that you are entitled to additional compensation for your suffering.

Brain Injuries Are Unique Types of Personal Injury Claims

The brain is the command center of the body, and it is, arguably, the most important organ in the human body. It controls all aspects of our body—thinking, sensing, and speaking are just a few responsibilities of the brain. It manages all of our bodily activities, including sight, breathing, circulation, digestion, immunity, muscle movement, and hormones. We know the world through the brain, so any incident that causes injury to this vital organ can have serious consequences.

Brain injuries may result in the ruin or deterioration of brain cells due to two different causes:

1. Acquired Brain Injury (ABI): Where an injury occurs at the cellular level, it is considered “acquired” by the survivor. An acquired brain injury is not due to an outside force, but usually involves pressure on the brain from a tumor or stroke.
2. Traumatic Brain Injury (TBI): This type of injury is caused by an outside force, like a strike to the head from a motorcycle accident, a slip and fall accident, or an attack by another person. The impact causes the delicate tissues of the brain to move inside the skull. The incident may also damage the skull itself, which then further damages the brain.

The injury to the brain will be unique for each victim based upon the part of the brain that is disturbed. In general, an individual may suffer:
• Reduction of cognitive abilities;
• Weakened physical abilities;
• Change in behavior and emotional issues;
• Memory loss;
• Reduced capacity and problems with concentration;
• Seizures and muscle spasms;
• Headaches and general weakness; and,
• Depression and mood swings.

In addition, a traumatic brain injury has external manifestations. It hurts the victim’s loved ones, his or her employment, routine, sociability, relationships, and role in the community. The financial consequences are unimaginable.

Why chose Sachs Burns to represent you?

Sachs Burns of California has an outstanding reputation. We are known for our tenacity and dedication to our clients. Unlike many law firms, we work on a contingency basis. This means that you are not expected to pay us a single penny until we win your case and get you the compensation you are legally entitled to. Furthermore, our working on a contingency basis incentivizes us to work even harder. At Sachs Burns, we go the extra mile for our clients. We understand dealing with insurance companies is extremely stressful on top of your mountain of stress from the traumatic brain injury accident. We can take a little of that stress off of your shoulders.

Insurance companies really like to undercut victims. Why? Because they care only about their bottom line. They want to reduce payouts and not give victims and their families what they need to financially recover. At Sachs Burns, our knowledgeable and experienced attorneys and supporting staff will thoroughly investigate your case and present an airtight case to the court. This will force the insurance companies to pay out what you are legally entitled to. Insurance companies like to bully, but we will not let them do that to you. Your family has suffered enough, so we will not let them take advantage of you. Because of this philosophy, we like to think of our clients as family, and will fight for them accordingly.

Because we work on a contingency basis, you never pay us until we get you compensation. This extends to your initial case review; we offer free evaluations with no obligations to hire our firm. We believe in justice and fairness. In addition, we are more than happy to provide you with references from our many satisfied clients.

Contact us today to begin the process of getting the justice you deserve.


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