Helping People Rebuild Their Lives After A Brain Or Head Injury

A traumatic brain injury (TBI) will forever change a person’s life. Our brains control so many functions, such as our thoughts, moods and memories. There is still so much we do not know about the brain, which is one of many reasons why these injuries are so scary. In the aftermath of a brain injury to a loved one, you may not know where to turn. It is important to work with lawyers who understand these complex cases.

We are Van Blois & Associates. Our team, led by attorney R. Lewis Van Blois, has more than four decades of experience helping clients who have sustained life-altering injuries such as traumatic brain injuries. Over our firm’s history, we have achieved successful outcomes for people who have sustained brain injuries in all types of accidents, including:

• Motor vehicle accidents
• Accidents caused by defective products
• Construction and industrial accidents
• Big-rig and trucking accidents

Based in Oakland, we represent individuals and families across the Bay Area, Central Valley and Northern California.

What Are Your Rights After Suffering A Brain Or Head Injury In California?

After suffering a brain injury, victims may take years to fully recover to normal functioning or they may have to accept a new normal post-injury. If they can return to work, this could put limitations on what they can do and how they need to do it.

Thankfully, traumatic brain injuries are considered a disability under the Americans with Disabilities Act and California’s Fair Employment and Housing Act. If you’ve suffered a brain injury, you can seek reasonable work accommodations under either or both statutes. These important laws also protect you against workplace discrimination based on the fact that you suffer from a brain injury.

Just as importantly, if your brain injury was caused by the negligence of another person, business or organization, you have the right to seek full and fair compensation in a personal injury lawsuit. In light of how expensive and life-changing a TBI is likely to be, it is critical to secure the funds you need to pay for treatment and to live as comfortably as you can.

Common Types Of Brain Injuries

There are numerous sub-categories of brain injury caused by physical trauma. A general overview includes:

Closed brain injuries: The victim suffers a brain injury caused by physical trauma, but there is no break in the skull. This is the type of injury most people think of when they hear the terms “concussion” or “traumatic brain injury.” Effects of a closed brain injury can include contusions (brain bruising), hematoma or hemorrhaging (brain bleeding).

Diffuse axonal injury: The traumatic force exerted on the brain causes it to rotate and shift within the skull, leading to tearing of the nerve fibers in the brain. This injury can be difficult to diagnose using standard imaging tests, but it is nonetheless very serious, often causing the victim to fall into a coma.

Penetrating brain injuries: The victim’s skull and brain are penetrated by whatever caused the injury. An example would be a bullet shot into the head.

This list isn’t complete and there are too many nuances to cover on this page. Suffice it to say, it is critical to have a brain injury examined, carefully diagnosed and treated by a highly experienced medical professional.

The Long-Term Consequences Of Severe Brain Injuries

Traumatic brain injuries can be categorized from mild to severe (catastrophic). The symptoms and prognosis vary based on the severity. When a TBI is severe or catastrophic, it can alter the victim’s life and functioning for years or even permanently. They may experience:

• Impairments in judgment and problem-solving abilities
• Personality changes
• Depression and irritability
• Memory and concentration issues, along with a shortened attention span
• Issues with coordination, balance and movement
• A wide variety of physical symptoms
• Difficulty carrying out the daily tasks of living (bathing, dressing, eating, etc.)

For all of these reasons and more, individuals whose TBI was caused by the negligence of another person have the right and the need to seek appropriate compensation.

Recovering The Compensation Your Family Needs Now And In The Years To Come

A severe brain or head injury will impose staggering medical costs on your family. Not only that, the injured person may never be able to work again. This means that your settlement or jury verdict must cover both your current expenses and your future expenses. At Van Blois & Associates, we understand the stakes in any TBI case. We devote ourselves to maximizing financial recoveries for our clients by carefully investigating the case, retaining experts to prove all parts of your case and advocating persuasively for you, whether at trial or in settlement discussions. Our single-minded pursuit of justice has made positive impacts time and again for our clients.

Frequently Asked Questions About Brain And Head Injuries In The Bay Area

If you or a loved one has suffered a brain injury, you probably have serious questions about what comes next. Below are answers to the questions we hear most from Bay Area families.

How long after an accident can brain injury symptoms appear?

Brain injury symptoms can appear immediately after an accident, but they can also take days, weeks or even months to emerge. The timing depends on the type and severity of the injury.

Some symptoms, such as headaches or blurred vision, may seem minor at first. Others, such as memory loss, personality changes and concentration difficulties, may not surface until much later. Seeking a medical evaluation right away is critical after any accident involving head trauma or violent motion, even if you feel fine initially.

What evidence do you need to prove a brain injury claim?

Strong evidence forms the foundation of every successful brain injury claim. We commonly gather the following documentation:

• Medical records and brain imaging results
• A formal diagnosis from a qualified physician
• Documentation of your symptoms and daily limitations
• Accident and police reports
• Employment and wage records showing lost income and earning capacity
• Eyewitness statements
• Expert testimony from medical and financial professionals

Thorough documentation gives your claim the strongest possible foundation.

Who can be held liable for your traumatic brain injury?

Liability in a TBI case depends on the circumstances of your injury. Multiple parties may bear responsibility, including:

• Negligent drivers: Motorists who caused an accident through reckless, distracted or impaired driving
• Property owners: Owners who failed to maintain safe conditions on their premises
• Employers: Companies that exposed workers to dangerous job site conditions
• Product manufacturers: Companies that designed or sold defective products
• Government entities: Agencies responsible for dangerous road or public space conditions

We investigate every angle to identify all parties responsible for your injury.

Can family members file a claim if a loved one suffered a brain injury?

Yes. Family members can file a legal claim on behalf of a loved one who cannot represent themselves due to the severity of their brain injury.

When a court appoints a family member as legal guardian or conservator, that person can pursue a claim in the injured person’s name. In cases where a brain injury causes death, surviving family members may have grounds to file a wrongful death lawsuit.

Set Up Your Free Initial Consultation Today

Call our firm at 510-343-9570 or complete our online contact form to get started. If your injuries prevent you from traveling to us, we can travel to you.