Brain Injury

Your Legal Rights if You or a Loved One Sustain a Brain Injury in an Accident

If you or a loved one has been in an accident and is suffering the symptoms of a Brain Injury, the brain injury attorneys at The Boccardo Law Firm are ready to fight for you.

Even the mildest brain injury, sometimes referred to as a Mild Traumatic Brain Injury or MTBI, can be debilitating and life changing.  That is why you need an experienced brain injury attorney to ensure that you are fairly compensated for past and future losses.

The law is quite clear.  If the negligence of another person or company results in a Brain Injury or Mild Traumatic Brain Injury (MTBI), then you are legally entitled to compensation.  The compensation for the harm caused can include, but is not limited to:

  • Medical Bills; Past and Future Bills
  • Therapy
  • Wage Loss
  • Pain and Suffering
  • Quality of Life

With over 80 years of experience, we specialize in successfully litigating Brain Injury cases and protecting your legal rights.

Some of the Most Common Accidents Leading to Brain Injury Include:

How to Recognize Symptoms of a Brain Injury

It is important to quickly diagnose a Brain Injury and receive immediate help.  Brain injuries sustained in an accident may not be obvious.  According to the Mayo Clinic, symptoms of a Traumatic Brain Injury (TBI) may include one or several of the following:
• Loss of Consciousness
• Confusion or Disorientation
• Headache
• Nausea or Vomiting
• Difficulty Sleeping, Fatigue or Drowsiness
• Convulsions and Seizures
• Dizziness or Loss of Balance
• Dilated Pupils
• Memory or Concentration Problems, Profound Confusion
• Slurred Speech
• Respiratory Failure
• Coma

Brain Injuries by the Numbers

Each year in the United States, brain injuries account for the following:

  • 52,000 DEATHS
  • 283,000 HOSPITALIZATIONS
  • 2.2 MILLION EMERGENCY ROOM VISTS

An Explanation of Mild Traumatic Brain Injuries (MTBI)

There are numerous types of brain injuries, all of which can have devastating effects on the victim’s life. The following are some of the most Mild Traumatic Brain Injuries (MTBI).

Concussion:  The most common type of Mild Traumatic Brain Injury (MTBI) is caused by a blow to the head or the force from whiplash.  When a person suffers a concussion, the blood vessels in the brain may stretch and damage to the cranial nerves is a real possibility.  A concussion may heal in a few months, but can take up to a few years to fully heal.

Contusion:  More commonly known as a bruise, a contusion can be the result of a direct impact to the head.  A large contusion in the brain may need to be surgically removed.

An Explanation of Traumatic Brain Injuries (TBI)

More severe brain injuries are known as Traumatic Brain Injuries (TBI) and include the following:

Coup-Contrecoup Injury:  A coup-contrecoup injury describes a contusion both at the site of the impact and on the complete opposite side of the brain.  A force that impacts the head is great enough to not only cause a contusion at the site of impact, but also move the brain and cause it to slam into the opposite side of the skull, resulting in an additional contusion.

Second Impact Syndrome:  Second Impact Syndrome occurs when a brain injury victim suffers a second traumatic brain injury before the symptoms of the first injury have fully healed.  Known as a “recurrent traumatic brain injury,” it may occur days to weeks after the first injury.  A recurrent traumatic brain injury is likely to cause both brain swelling and permanent brain damage.  Long-term effects of Second Impact Syndrome include difficulty thinking, hallucinations, muscle spasms, increased muscle tone, and emotional instability.  A victim suffering from Second Impact Syndrome should seek immediate, emergency care because of a rapid onset of death.

Penetrating Injury:  A penetrating injury results when an impact of an object  forces hair, skin, or bone  fragments into the brain.  The area of brain damage widens when objects traveling at a low rate of speed ricochet within the skull.  A “through-and-through” injury may occur when an object enters the skull, travels through the brain and then exists the skull.  A victim of through-and-through traumatic brain injury not only suffers the effects of penetration injury, but also additional shearing, stretching and rupture of brain tissue.

Why You Need an Attorney

The aftermath of a Mild Traumatic Brain Injury (MTBI) is life-changing and in some cases, permanently alters the victim’s health.  If you have suffered a Brain Injury, as a result, you may experience:

  • Memory Lapses or Memory Loss
  • Headaches
  • Concentration Lapses
  • Sleeping Problems
  • Dizziness or Nausea
  • Mood Swings
  • Balance or Coordination Problems

The long-term, medical complications affect the lives of both the brain injury victim and their family.  In most cases, a lifetime of medical attention and therapy is required.  Due to high costs associated with treating a brain injury victim, insurance companies often attempt to minimize the harm caused to the victim.  Insurance attorneys frequently claim that a victim may not be suffering from a Mild Traumatic Brain Injury (MTBI) and often downplay any symptoms.  For this reason, you are strongly advised to retain the experienced brain injury attorneys at The Boccardo Law Firm.

Call the Brain Injury Attorneys at The Boccardo Law Firm for Help

We are available to assist you if you or a loved one have suffered Brain Injury in San Jose, the San Francisco Bay Area or Northern California. It is our job to get you the compensation that you deserve to help you manage life with a brain injury. Call The Boccardo Law Firm at 408-298-5678 for a free consultation.