Bakersfield Traumatic Brain Injury Lawyer

Donald Colvin, Esq

Head injuries often lead to traumatic brain damage. Even a concussion is considered a mild traumatic brain injury. While many people fully recover from a concussion, these injuries are cumulative, meaning each one causes more damage than the last. Sadly, more severe brain damage is often debilitating or life-changing.

When you or your child sustain brain damage in an accident or preventable incident, contact a dedicated catastrophic injury attorney. A Bakersfield traumatic brain injury lawyer at Colvin Accident Lawyers could help you get compensation from the negligent party for the harm you suffered.

What is a TBI?

A National Institutes of Health fact sheet describes what happens when someone suffers a traumatic brain injury (TBI). When a blow to the head, rapid deceleration, or violent shaking causes rapid or forceful head movement, the brain slams against the skull. This contact often causes blood vessels tears, brain cell damage, and swelling, cutting off blood flow and oxygen to part of the brain.

Sometimes, the brain improves itself; however, depending on the severity of the injury, a full recovery could take weeks or months. While recovering, a person with a relatively mild TBI might experience debilitating symptoms leaving them unable to go to work, school, or complete daily tasks.  Someone with a severe TBI might have profound permanent impairments or become paralyzed.

The negligent parties whose conduct led to a TBI are legally liable for the injured person’s damages. A Bakersfield attorney could assess the injured person’s temporary or permanent impairment and make a claim for damages to cover their financial and other losses.

Who is Responsible for a TBI?

Concussions and more severe brain injuries, often result from preventable accidents. The U.S. Centers for Disease Control reports falls and car crashes as the most common cause of severe brain damage. TBIs also can result from gunshots, assaults, or sports injuries.

When a hardworking attorney in Bakersfield investigates a TBI, they determine whose negligence contributed to the injury. Someone is considered negligent when they fail to act in the same way a reasonable person would have under similar circumstances.

For example, when a mechanical issue is the reason for a vehicle collision, the manufacturer could be liable for the injured person’s damages. Likewise, when a property owner’s negligence leads to unsafe conditions on their land, they could be responsible for the damages of anyone who falls and sustains a brain injury.

When to File a Claim for a TBI

An injured person must file a lawsuit seeking damages within two years of their injury; however, the law has several exceptions, so contacting a knowledgeable lawyer in Bakersfield to discuss a TBI claim is crucial.

A government agency could be a defendant in a civil claim when someone sustains a TBI in one of the following accidents:

  • A vehicle accident in which the at-fault driver is a public servant on the clock
  • A fall on government property such as a courthouse or municipal playground
  • An accident with a government-owned vehicle such as a garbage truck or school bus
  • A sports accident at a public school or while playing for a public school sports team

When a person has a claim against a government entity for personal injuries, additional time limits apply. For example, according to the California Government Code §911.2, an injured person must file a notice of claim within six months of the injury date. Failing to file the notice on time could prevent the claimant from bringing a lawsuit.

Contact a Bakersfield Attorney to Seek Compensation for a Traumatic Brain Injury

Even a mild brain injury can significantly affect your life—severe injuries have even greater impact. When another party’s negligence led to your TBI, you deserve compensation regardless of the severity of the injury.

A Bakersfield traumatic brain injury lawyer could identify negligent parties and pursue a legal claim against them. Reach out to our team of legal members at Colvin Accident Lawyers today to explore your options.