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Fresno traumatic brain injury accidents: understanding the impact

An estimated 1.7 million Americans suffer brain trauma each year, according to estimates. Traumatic brain injuries are among the most catastrophic of all possible injuries that a person could incur in an avoidable accident.

In severe circumstances, those who suffer traumatic brain injuries may experience serious physical and emotional issues that could endure for years. Even in cases with very little brain damage, sufferers may incur enormous medical costs and experience prolonged unemployment.

To lessen the economic strain of your hospital costs and related expenses, legal aid from our firm can assist you in winning your legal claim.

What exactly is a traumatic brain injury (TBI)?

When a person's normal brain function is interfered with by an external mechanical force, they have suffered a traumatic brain injury. This harm is among the most catastrophic of all possible injuries that a person could incur in an avoidable accident.

As your Fresno brain injury attorney, the team at BIG BEN LAWYERS knows that such harm typically happens in a variety of circumstances. The causes of these TBIs are generally categorized as follows:

Impact on a stationary item: The injury can happen when you hit a stationary item with your head firmly (such as a dashboard or the ground).
Rapid head movement: These mishaps can also happen when your head suddenly moves forward or backward on your neck without colliding with anything else (often called whiplash).
Direct blow: Getting hit on the head by something might cause brain damage.
Penetrating injury: If an object pierces your skull and lodges in the tissue of your brain, it may cause a severe brain concussion.

Regardless of the cause, if another party's negligence is responsible, our legal aid can assist you in winning your legal claim to lessen the economic strain of your hospital costs and related expenses.

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The types of head injuries our Fresno brain injury attorneys handle

Understanding the nature of the damage—whether it's an open head injury or a closed head injury—is crucial, as the type of trauma directly affects the complexity of the case, the necessary medical treatment, and the potential compensation our Fresno brain injury attorneys can recover.

Open head Injury

An open head injury, also medically known as a penetrating head trauma, occurs when the skull is breached and an object enters the brain tissue. This is the most visible and often most severe category of head injury.

Mechanism of Injury: This type of trauma is typically caused by high-force collisions or incidents where external force leads to puncturing the skull. Examples include debris penetration in a massive car accident, projectiles in a workplace incident, or a severe fall onto a sharp object.
Legal Complexity: Open injuries often involve immediate, catastrophic consequences and can lead to immediate and permanent cognitive and physical deficits.
The BIG BEN LAWYERS Advantage: When handling a penetrating trauma case, our Fresno brain injury attorney team prioritizes immediate investigation to preserve evidence of the object and the source of negligence, which is essential for proving fault in these high-stakes lawsuits.

Closed head injury

A closed head injury is the most frequent form of Traumatic Brain Injury (TBI) and occurs when the head suffers a severe blow or sudden violent jolt, causing the brain to move rapidly inside the skull, but the skull remains intact.

Mechanisms of Injury: This can include the sudden forward/backward movement often associated with whiplash in car accidents, falls, or direct, blunt impacts. The damage is internal and can manifest as:
- Concussions: The most frequent form of mild TBI.
- Hematomas or Hemorrhage: Internal bleeding (stroke) due to the brain striking the skull.
- Diffuse Axonal Injury (DAI): Widespread neuronal trauma caused by the shearing of white matter pathways.
The Legal Challenge: The primary legal challenge with closed head & brain injury cases is that the symptoms may be subtle, delayed, or invisible to the naked eye. Insurance companies often downplay or deny these claims.

Common causes of brain injuries in Fresno

Traumatic brain injuries stem from various forms of negligence, but official data confirms that a few primary mechanisms account for the vast majority of severe cases. According to the Centers for Disease Control and Prevention (CDC), the three leading causes of TBI-related hospitalizations and emergency department visits across the U.S. are:

Falls: These account for nearly half of all TBI-related emergency visits, particularly among older adults and young children. This includes slip-and-fall incidents on poorly maintained property, stair accidents, and falls from height at construction sites.
Motor Vehicle Crashes: Accidents involving cars, trucks, motorcycles, and pedestrians are the second leading cause of TBI-related hospitalizations.
Struck By/Against an Object: This category includes workplace incidents where a worker is hit by falling debris, contact sports injuries, or physical assaults.

The reality in Central California is that highway accidents and distracted driving contribute significantly to the number of serious TBI claims our Fresno brain injury lawyers handle every year.

First steps after a brain injury in a Fresno car accident

Because motor vehicle crashes are such a significant cause of moderate to severe TBIs—especially among younger adults—it is crucial to know your immediate steps to protect your health and your future claim. If you suspect a head or brain injury following a collision in or around Fresno, you should:

Seek immediate medical attention: A TBI can have delayed symptoms. Even if you feel fine, seek emergency care right away. The medical records created immediately following the accident are essential evidence for your injury claim.
Do not downplay your symptoms: Be honest with paramedics and doctors about any symptoms you experience, including dizziness, confusion, nausea, or loss of consciousness.
Contact a Fresno brain injury attorney: Before speaking with the at-fault driver's insurance company, contact BIG BEN LAWYERS. Insurance adjusters may try to get you to settle quickly before the full extent of your brain injury is known. We will protect your right to full compensation.

Recreational and sports injuries

Severe brain injuries can also frequently result from sports-related accidents. Unfortunately, falls off diving boards and accidents during football scrimmages are also frequent sources of brain damage, which is one of the reasons professional sports leagues like the National Football League are so concerned about concussions. Now that all major sports leagues have a concussion protocol, they can better handle athlete injuries.

It is important for parents and athletes to understand that there are other possible causes of TBIs besides football.

A TBI can happen during any game when players run the risk of a head or upper body accident or damage. Soccer is one possible offender-but by no means the only one-where players utilize their heads while playing.

However, no one should be led astray by this quick review of potential causes into thinking that they are the only ones. TBIs can happen if brain injury victims have a hit to the head, have their head and neck jostled, or have an impact on their head. TBIs are caused by direct collision or the brain moving back and forth within the skull.

Concussions: A common TBI that requires legal attention

A concussion is a dangerous condition that ought to be swiftly evaluated by a qualified medical practitioner and is the most frequent type of mild brain injury. Surgery may be required for roughly half of brain damage victims to remove items, treat hematomas, repair blown blood vessels or contusions, or treat bruised brain tissue.

You might have mobility and health concerns for the rest of your life, depending on your age, health, and the location and extent of your injuries. For this reason, it's crucial to get in touch with a Fresno personal injury attorney that specializes in catastrophic brain damage as promptly as possible. To obtain the money you require to get back onto your feet, they will assist you in making a personal injury claim. By every conceivable criterion, Our Firm is best qualified to handle the situation on your behalf.

Categories of brain concussions

Since there are so many different kinds of brain injuries, diagnosing one may require a battery of pricey and time-consuming imaging, intelligence and recollection tests, and cranial nerve checks.

Neurologists and other medical experts can assess your brain injury's degree and root cause with the aid of these tests.

Important details that can aid your doctors in formulating an efficient treatment strategy are provided by these evaluations. Crucially for your claim, these tests can also be utilized as support for your injury case and serve as definitive proof in court.

Specific types of brain injuries

Some of these various types of injuries to the brain include the ones subsequently discussed:

Repetitive brain T}trauma: This commonly happens on construction sites, in factories, and as a result of participation in sports like kickboxing, soccer, figure skating, wrestlers, and other sports.
Brain hemorrhage (stroke): This is characterized by internal bleeding after a high-force collision. This type of brain damage frequently occurs in motorcycle collisions, trip-and-fall incidents, or even when your skull is struck by flying objects.
Skull fractures: These are frequently challenging to find since the skin above them might not be hurt. Subgroups of this head injury include compound head injuries, depressed broken bones, and linear fractures. Sensitivity or hemorrhage at the site of the injury, as well as discoloration or oozing behind the ears, behind the eyeballs, or from the nose, are typical symptoms of a skull fracture.
Widespread neuronal trauma (DAI): This is a severe brain injury marked by tiny harm to white matter pathways all over the brain. This classification frequently involves confined head trauma, typically happens when the head decelerates quickly, and impairs cognitive function, causing forgetfulness, confusion, and a lack of focus.
Acquired brain injury (ABI): Any neurological problem brought on by a disease process or brain trauma falls under this category. Musculoskeletal, intellectual, social, hormonal, vocational, or linguistic difficulties may be the result.
Penetrating injury: Puncturing the skull with a serious head injury is the other type of brain damage. This happens when something penetrates the skull and induces internal bleeding, typically brought on by head injuries, falls, car accidents, and gunshot wounds.

Recognizing the signs: How do I know if I have a brain injury?

The hidden challenge of TBI diagnosis

Sincerity is told, determining if you have a TBI can be challenging. TBI patients may exhibit a very wide range of symptoms, or they may show no symptoms at all. Some TBIs can be diagnosed by complex diagnostic tests, but it's also possible for a victim's TBI to go unnoticed, especially in the immediate aftermath of an accident.

Learn the possible range of symptoms before you consult a doctor, which is the best approach to detect a TBI. So you may be extra cautious if you receive any kind of head trauma or jarring to the head and neck region.

A TBI could possibly result from even the same kind of abrupt back and forth movement that causes whiplash.

Debunking common brain injury myths

Myths and misconceptions concerning brain damage are untrue.

One of the most frequent is losing consciousness after a TBI. It is entirely feasible to sustain a TBI and be conscious the entire time.

Another untruth is that the victims have blurry vision. Yes, this might be a symptom. However, it's also very possible to have a TBI and never experience hazy vision. By understanding these myths, you can be better prepared to recognize the true symptoms and seek appropriate help.

Key symptoms of traumatic brain injury (TBI)

The signs to look out for are varied, and symptoms could appear right after or days after the injury. These symptoms can be categorized into several areas.

Physical and sensory issues include consciousness loss for whatever length of time, feeling dizzy, uncertain, loss of balance and lack of coordination, headache, vomiting, fatigue, or difficulty falling asleep or sleeping more than normal. You may also experience sensory issues such as blurred vision, ringing in the ears, a terrible taste in the mouth or alterations in the sense of smell, or sensitivity to light or sound.

Cognitive and behavioral changes are also common

These include memory or concentration issues, mood swings or changes in mood, agitation, hostility, or other odd behavior, depression, and anxiety. Additionally, individuals who have sustained moderate to severe brain injuries may go through a variety of changes that others may find challenging to understand. These include issues with thinking (cognitive functioning), such as memory, attention, and concentration problems.

They could struggle to multitask, solve problems, plan, organize, or finish chores. They may have trouble speaking, writing, or following conversations due to reduced communication skills, and they could have trouble deciphering nonverbal cues.

Finally, severe symptoms that require emergency care include convulsions or seizures, dilated pupils (either one or both), slurred speech, a coma, a clear discharge from the nose or ears, or numbness or weakness in the fingers and toes.

A TBI also increases the likelihood of developing a degenerative brain condition, such as Alzheimer's disease, later in life.

The bottom message is to seek medical assistance right away if you have any reason to think you or a loved one may have suffered a traumatic brain injury.

What must I do if I suspect a traumatic brain injury?

As we just mentioned, the most crucial action to do if you suspect you have a TBI is to get medical assistance right away. Seek emergency medical assistance if you were involved in a car accident or other mishap, or if your head or neck was hit or moved in any way.

Never self-diagnose or wait for symptoms to go. People can't always detect if they have a TBI because the symptoms are so varied. While moderate TBIs like concussions could call for treatment like resting in a dark room, a doctor must approve that.

Keep a log of all doctor's appointments and prescriptions; attend all of your appointments and adhere strictly to all prescriptions.

In all honesty, your health is the main cause of this. TBIs frequently need to be treated. For instance, you need to be aware of any damaged or broken blood vessels you may have in order to prevent fatal brain bleeding.

But there's still more to it. Diagnoses, medical advice, and medical care are all potential indicators of the breadth and depth of your ailment. Additionally, they might be very significant in legal proceedings. We get our clients' pertinent medical documents, but it's also critical to have extra proof of how your treatment changed your daily life.

Crucial steps to take immediately after a head injury

If you or a loved one has suffered a head injury, the steps you take in the immediate aftermath are crucial for both medical recovery and protecting your right to future compensation. Even a mild traumatic brain injury (MTBI), like a concussion, can have long-lasting effects, so never assume you can "sleep it off."

The priority is your health, followed by the immediate collection of evidence to build a strong personal injury claim.

Here are the essential steps you must take right away:

Seek immediate medical attention: Go to the emergency room or urgent care right away, even if symptoms like dizziness or confusion are delayed or mild. A medical professional must evaluate your condition and create an official record linking the accident to your head trauma.
Follow all medical advice: Be sure to follow all subsequent medical advice, including attending follow-up appointments with specialists like neurologists or neuropsychologists. Inconsistency in your care can be used by the insurance company later to argue that your injuries were not severe.

Next, you must document everything to protect your legal claim:

Document the scene and injuries: If physically possible, or have a friend or family member do so, take photos of the accident scene, any visible injuries, and the property damage (e.g., a damaged vehicle).
Gather witness information: Obtain contact information from any witnesses—their unbiased accounts can be invaluable.
Start a symptom journal: Begin a detailed journal right away, noting daily challenges with headaches, memory, sleep, or mood changes.
Avoid recorded statements: Never give a recorded statement to any insurance company without first consulting a qualified attorney. This ensures you do not accidentally jeopardize your claim by downplaying your condition or admitting fault.

The true long-term cost of a brain injury in Fresno

A traumatic brain injury is not a short-term problem; it is a life-altering event with financial consequences that can easily last decades. For those injured in the Fresno area, the cost of specialized medical care, long-term rehabilitation, and simply maintaining a decent quality of life can be financially crippling.

Studies indicate that the average lifetime cost of a TBI can range anywhere from $85,000 for a mild case up to $3 million or more for a severe injury. This staggering financial burden includes two primary categories of losses:

The economic burden: direct & indirect costs

The immediate expenses, such as emergency room care and surgery, are only the beginning. The bulk of the financial strain comes from long-term needs that continue long after a settlement has been reached, making it critical to work with a Fresno brain injury attorney like BIG BEN LAWYERS to calculate your true future needs. These costs include:

Ongoing medical care: Years of physical therapy, occupational therapy, speech therapy, and psychological counseling.
Lost wages and diminished earning capacity: Many victims are unable to return to their previous occupation or cannot work at all. Compensation must cover the total income and benefits lost over a potential lifetime of work.
Assistive Care and Home Modifications: The cost of full-time home health aides, mobility devices, and necessary modifications to your Fresno home (ramps, accessible bathrooms) can quickly reach into the millions.

The non-economic burden: pain and suffering

Beyond the verifiable bills and income losses, a TBI inflicts deep and lasting non-economic damages. These personal losses are challenging to quantify but are a major component of any personal injury claim. They include chronic pain, emotional distress, loss of life enjoyment, and the irreversible impact on relationships (loss of consortium).

The right legal representation is necessary to assign a fair monetary value to these intangible losses.

Potential compensation available in brain injury lawsuits

When a TBI is caused by another party’s negligence (e.g., in a car accident, slip and fall, or workplace incident), the victim is entitled to seek recovery for the full scope of their losses. The compensation available in a brain injury lawsuit is categorized into two main types of damages.

Economic damages (calculable losses)

These are quantifiable financial losses that can be precisely calculated through documentation:

Past and future medical expenses: This is often the largest component and includes emergency care, surgeries, hospital stays, long-term rehabilitation, medication, and the projected cost of care over the victim's lifetime.
Lost wages and diminished earning capacity: Compensation for income lost since the injury and the money you will not be able to earn in the future due to permanent cognitive impairment or disability.
Property damage and out-of-pocket expenses: Costs for damaged vehicles, transportation to medical appointments, and necessary home modifications.

Non-economic damages (quality-of-life losses)

These damages compensate the victim for the subjective, non-monetary losses associated with living with a TBI:

Pain and suffering: Compensation for physical pain, chronic headaches, and emotional distress.
Loss of enjoyment of life: Damages for the inability to participate in hobbies, recreational activities, or daily tasks you enjoyed before the injury.
Loss of consortium: Compensation for the impact the injury has had on the marital or family relationship of the victim.

In cases involving egregious conduct, a court may also award punitive damages to punish the defendant and deter similar behavior in the future. Given the complexity and high value of these claims—which can range into the millions—it is imperative to have a legal team that can meticulously document and persuasively argue for every potential dollar you are owed.

Fighting the insurance company after suffering a TBI

The path to receiving fair compensation for a traumatic brain injury (TBI) often involves a difficult fight against the responsible party’s insurance company. Their primary objective is to protect their profits, not your well-being, and they employ specific tactics to undermine your claim. Having an experienced brain injury lawyer from BIG BEN LAWYERS is not merely helpful—it is essential to level the playing field and secure the compensation you deserve.

Insurance companies frequently use several strategies to reduce or deny legitimate TBI claims.

They may dispute the severity of the injury, arguing that because an MRI or CT scan appears normal, your cognitive and behavioral symptoms must be exaggerated (especially since TBI symptoms can be invisible). They may also attempt to attribute your symptoms to a pre-existing condition or seize on any delay in seeking medical treatment to argue the injury was not severe. Furthermore, they will often pressure you with a lowball settlement offer early on, hoping the financial stress of mounting medical bills and lost wages will force you to accept an inadequate amount.

To effectively fight these tactics and secure the maximum compensation, your brain injury lawyer at BIG BEN LAWYERS will employ a comprehensive legal strategy. This includes gathering specialized expert testimony from life care planners, vocational experts, and economists to accurately project your lifetime medical costs and future lost earning capacity.

Your lawyer will use a formal demand letter backed by overwhelming medical evidence to force the insurer to negotiate in good faith. If negotiations fail to produce a fair settlement, a skilled attorney will be prepared to file a brain injury lawsuit and take your case to court, where a jury may award significantly higher damages.

Why legal assistance is essential in Fresno TBI cases

Insurance companies have one goal: to pay the minimum amount possible. They rarely consider the full lifetime expenses, especially for unseen injuries like concussions or closed-head trauma. Securing full and fair compensation for a traumatic brain injury requires a legal team with the resources to:

Work with medical experts: To project your exact future medical, rehabilitation, and living expenses using a specialized document called a Life Care Plan.
Challenge lowball offers: To fight aggressively against insurance tactics that undervalue the severity of your TBI.

Do not let a negligent party shift their financial burden onto your family. Only by working with an experienced Fresno brain injury attorney can you ensure your recovery is fully funded.

Free consultation

Free consultations are offered by our firm to anyone who has been hurt due to another person's negligence, including those who have suffered a TBI or other severe injuries. We'll talk about the injuries you or a loved one sustained in Fresno or a neighboring location when we meet with you today.

Contact our Fresno Brain Injury Lawyer Today

Contact or phone us right away for assistance if you or a loved one suffered a brain injury in California or the nearby towns.

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Big Ben Lawyers - Fresno
1221 Van Ness Ave
Suite 307
Fresno, CA 93721
Phone: 559-354-6344

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Ben is an excellent attorney and helped greatly with my personal injury case. Ben and his team were always there to answer any queries or concerns I had throughout the course of my case. I would recommend anyone in need of assistance to contact the firm.

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Joseph Lawlor
May 2022

My wife and I had a very bad car accident in LA. Ben and his whole team were so friendly and helpful. They walked us through everything and kept us informed every step of the way. The experience working with them has been amazing and we will definitely use them again in the future.

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Jon Romero
April 2022

Brain Injury Attorney - Fresno CA