Newport Beach Traumatic Brain Injury Lawyer

Dedicated Traumatic Brain Injury Attorney in Newport Beach, CA

Traumatic brain injuries (TBIs) can leave accident victims struggling with physical, cognitive, emotional, and behavioral issues, sometimes for the rest of their lives. A Newport Beach traumatic brain injury lawyer may not be able to get your life back for you, but you can rely on our legal team to hold the person or party who caused your injuries liable and get you the compensation you need to make up for lost earning potential and other damages.

You Can Trust Easton & Easton

In our many years in practice, our dedicated Newport Beach personal injury lawyer team here at Easton & Easton has recovered over $2 billion for our clients, with one in three settlements amounting to $100,000 or more. However, past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

Our clients often get referred to us by doctors and other attorneys because they know we have a proven track record. We’re fully prepared to litigate complex injury cases if insurance companies aren’t coming to the table with fair settlements, and we can use our proven process to get you the money you deserve.

Why Hire a Traumatic Brain Injury Lawyer?

In 2023, there were 22,019 TBI-related emergency room visits, 24,021 TBI-related hospitalizations, and 2,942 TBI-related deaths among Californians ages 55 and up. Those cover only a portion of the total number of traumatic brain injuries incurred in the Golden State that year. No matter your age, if you’ve suffered a TBI, you need to hire a traumatic brain injury lawyer. Your attorney can:

• Help you understand TBI laws.
• Collect evidence to support your case.
• Establish liability for the accident that caused your injury.
• Identify all of the damages associated with your TBI.
• Negotiate a fair settlement with the liable party’s insurance company.
• Litigate your case if it must go to court at the Central Justice Center to find a resolution.

Working with a Newport Beach traumatic brain injury attorney is an effective way to reduce your stress and improve your chances of receiving a fair settlement, either in negotiations or in the courtroom.

Categories of TBIs

Traumatic brain injuries can be divided into two main categories:

• Penetrating TBIs. Penetrating TBIs, also called open TBIs, occur when objects pierce the skull and enter the victim’s brain tissue. Common examples of penetrating objects include bullets, shrapnel, or bone fragments. Penetrating TBIs typically damage only part of the brain.
• Non-penetrating TBIs. Also called closed head injuries or blunt TBIs, non-penetrating TBIs occur when an external force is applied that is strong enough to cause the brain to move within the skull. Common causes of non-penetrating TBIs include car crashes, falls, being struck by objects, sports injuries, and blast injuries.

The same person can sustain both penetrating and non-penetrating TBIs from the same accident. In collisions involving commercial motor vehicles, consulting an experienced Newport Beach truck accident lawyer is essential for preserving critical telemetry and driver log records.

Types of TBIs

TBI-related damage can be localized, in which case the injury is known as a focal injury, or it can occur over a widespread area. Injuries affecting large portions of the brain are called diffuse injuries. The type of injury incurred affects how the brain responds to a TBI. The most common types of TBIs include:

• Diffuse axonal injuries. Diffuse axonal injuries involve widespread damage to the white matter of the brain. They often occur due to car accidents, falls, and sports injuries. Diffuse axonal injuries disrupt communication among the brain’s nerve cells and can release chemicals that cause further damage. That damage may be temporary or permanent. Recovery can take a long time.
• Concussions. Concussions are a mild type of TBI that takes only several minutes to several months to heal. They occur when victims sustain blows to the head or when their brains collide within their skulls, as could occur during violent shaking. People with concussions who sustain additional damage to the brain can experience much more severe symptoms or even death.
• Hematomas. Hematomas involve burst blood vessels, causing bleeding in or around the brain. There are different types of hematomas, which can affect any of the protective membranes surrounding the brain. Examples include epidural, subdural, subarachnoid, and intracerebral hematomas.
• Contusions. Contusions involve bruising or swelling of the brain due to small blood vessels bleeding into brain tissue. They can occur directly under the impact site, as is the case with a coup injury, or on the opposite side of the brain, as is the case with a contrecoup injury.
  The symptoms of contusions are often delayed by hours to a day, which is why it’s important to head to a hospital like Hoag Hospital Newport Beach after an accident, even if you’re not sure you’ve sustained injuries.

• Skull fractures. Skull fractures involve cracks or breaks in one or more of the skull’s bones and can cause damage to other structures beneath the fractures. They are the result of blunt force trauma.

Symptoms of TBIs

The symptoms of TBIs vary depending on the type of injury the accident victim has sustained. They often include:

• Loss of consciousness or coma
• Memory loss
• Mood swings
• Depression
• Anxiety
• Numbness
• Paralysis
• Personality changes

These symptoms can be temporary or permanent.

Compensation Available for TBIs

You can seek compensation for a traumatic brain injury by filing a TBI claim with the help of an attorney. Understanding how to win a brain injury lawsuit in California requires establishing clear evidence of fault and long-term financial loss. These claims are typically part of auto accident or premises liability claims, although intentional torts can also include TBIs. You could be eligible to recover damages that include:

• Hospital bills
• Ongoing medical care
• Home modifications
• Pain and suffering
• Loss of enjoyment of life
• Lost wages
• Loss of future earning capacity

The amount of your settlement may depend on factors such as the severity of your injury, whether it is likely to cause lasting disability, and how much liability you held for the accident. Reviewing details on the average traumatic brain injury settlement in California can help you evaluate what your claim might be worth. In California, courts follow a pure comparative negligence rule that allows them to assign damages even in cases where the accident victim held some, or nearly all, of the liability for their injuries.

As long as you were determined to be 99% or less to blame, you can still pursue compensation. Your final settlement amount may, however, be reduced commensurate with the percentage of fault you are assigned for the incident. If you were going to get a $100,000 settlement but you were found to be 80% to blame, you would receive only $20,000. If you have questions about how this might impact your case, direct them to your TBI attorney.

How to Get Compensation for Your Injury

There are several ways to seek compensation for your injuries. You can:

• Submit insurance claims. Your health insurance policy may cover your necessary medical care. If someone else caused the accident that left you injured, their liability insurance policy could cover not just medical care but also other damages, such as lost wages.
• File a personal injury claim. If insurance can’t cover all of your losses, you could also file a personal injury claim against the person who caused your injury. Many of these cases end in settlements outside of court, which lead to faster compensation and lower legal fees, but we’re perfectly ready to take your case to trial if that’s what’s necessary.
• File a wrongful death claim. If your loved one died of a TBI, you can work with a reliable Newport Beach wrongful death lawyer to file a claim against the party who caused the fatal injury.

FAQs

Q: What Is the Average Settlement for a Traumatic Brain Injury?

A: There is no such thing as an average settlement for a traumatic brain injury because every case is different. Your final settlement amount could depend on factors such as the severity of your injury, whether it’s likely to leave you permanently disabled, and how liability for the accident that caused it is assigned by the court.

Q: What Is the Priority When Treating a Head Injury?

A: The priority when treating a head injury is stabilizing the patient’s airway, breathing, and circulation. If they’re breathing, the injury victim should be rolled onto their side to protect them against choking. Only after lifesaving measures are addressed do medical personnel begin to manage localized injuries and attempt to prevent further complications.

Q: What Is the Four-Hour Rule for Head Injuries?

A: The four-hour rule for head injuries refers to an observation period used by doctors and other medical providers to monitor patients with mild TBIs for delayed or worsening symptoms. Providers look for changes in alertness, pupillary response, and physical symptoms. If a patient’s symptoms worsen during this time, emergency measures may need to be taken.

Q: How Long Do TBI Cases Take to Settle?

A: How long TBI cases take to settle varies. For simple cases in which liability and the extent of the victim’s injuries are clear, the process can move along quickly, and an agreement can often be reached in negotiations. For more complex cases that require substantial evidence collection, hiring expert witnesses, and going to trial to seek a resolution, the timeline for case completion can be extended significantly.

Your Newport Beach Traumatic Brain Injury Lawyer

If you’ve suffered a TBI, you should work with an experienced Newport Beach traumatic brain injury lawyer. The team here at Easton & Easton knows how significantly TBIs can affect people’s lives, often leaving them unable to work. We’re here to protect you and your family when this kind of serious injury disrupts your career and financial stability. Contact us today to schedule an initial consultation regarding your TBI case.

Newport Beach, CA Traumatic Brain Injury Legal Resources

• Orange County Superior Court – Harbor Justice Center & Civil Filings
• California Department of Public Health – Traumatic Brain Injury Program Data
• Brain Injury Association of California – Survivor & Caregiver Support Services
• California Civil Code – Negligence & Personal Injury Liability (Cal. Civ. Code § 1714)

About Newport Beach, CA

Newport Beach is world-famous for coastal landmarks like the Balboa Pier, offering spectacular Pacific views to residents and visitors. However, traffic density along coastal routes contributes to serious head trauma, with Orange County reporting over 1,500 TBI hospitalizations annually. In response, local traffic safety divisions and trauma teams at Hoag Hospital Newport Beach continue enhancing emergency response protocols and public safety programs. Newport Beach remains a thriving, resilient community dedicated to keeping its coastal roadways safe for everyone.