Oakland Brain Injury Lawyers
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Our Oakland Brain Injury Lawyers Offer Practical Legal Help After An Accident
A single car crash or a seemingly minor fall can be all it takes to cause a brain injury. If you were involved in such an accident due to someone else’s actions, our Oakland brain injury lawyers can guide you through your rights and options. Contact us at (888) 488-1391 for a free case review.
Brain injuries are among the most serious conditions a person can suffer. Recovery may require significant adjustments. No matter what challenges you might be facing, our brain injury lawyers in Oakland can guide you in seeking damages and pursuing accountability from the at-fault parties.
Arash Law is a personal injury law firm in California with the resources, knowledge, and experience to handle complex personal injury cases. Our dedicated team of brain injury attorneys in Oakland will guide you through the legal process and help you pursue compensation for medical bills, lost wages, and other losses.
Why Hire Arash Law’s Oakland Brain Injury Lawyers
Our Oakland brain injury attorneys use their skills, experience, and litigation methods to help build a strong case on your behalf. We aim to maintain the professional standards of legal practice while diligently advocating for your rights.
From the moment you reach out to us, you will receive personalized and compassionate assistance tailored to your unique situation. Our brain injury accident lawyers can assist you by:
- Preserving key pieces of evidence.
- Interviewing witnesses.
- Obtaining expert opinions.
- Acquiring your medical and employment records.
- Requesting incident or police reports.
- Conducting depositions.
- Developing trial strategies.
- Taking the case to court.
J.M v. Doe Defendant (settled on 11/18/2022) – Settlement involving a man who fell from a moving truck a sustained a traumatic brain injury requiring extensive rehabilitation. We substituted into the matter over two years after his accident when our client had been discharged home with limited support and had suffered a seizure due to missed medication. We got him into a brain injury rehabilitation program and, subsequently, an assisted living program which provided him with the structure and support he needed.– TINA ESHGHIEH
What Our Oakland Brain Injury Attorneys Can Do For You
If you or a loved one sustained a brain injury due to someone else’s negligence, you may benefit from having legal representation to pursue just compensation. Our Oakland brain injury attorneys are committed to protecting your rights and guiding you through every step of the legal process. We can assist you with the following:
- Evaluating Your Case — Our attorneys will assess the strengths and weaknesses of your claim. This assessment will shape our legal and risk management strategies when we take formal action.
- Determining Negligence — Our lawyers will demonstrate that your brain injury was caused by another person’s negligence or wrongful act. We’ll leverage testimony from expert witnesses and other available evidence to hold the liable parties accountable for your losses.
- Calculating Damages — Our attorneys will take into account your loss of income, medical bills, rehabilitation expenses, and pain and suffering when evaluating the financial, emotional, and physical damages caused by your brain injury.
- Negotiating and Litigating — Our Oakland personal injury lawyers aim to negotiate a fair settlement with the at-fault party’s insurance provider. In the case of unsuccessful negotiations, our attorneys may file a lawsuit on your behalf.
- Referral to Qualified Professionals — Our team understands the serious psychological and physical effects that brain injuries may have on the victims and their loved ones. Our lawyers can connect you with primary care physicians to provide a comprehensive evaluation of your injuries and recommend appropriate treatments. The resulting medical documentation can be used to support your claim.
Different Types Of Brain Injuries
Brain injuries vary in severity, ranging from mild to severe. There are two main categories: traumatic brain injuries (TBIs) and acquired brain injuries (ABIs).
TBIs occur when external forces, such as blows, impacts, or strong jolts, interfere with normal brain function. These injuries typically need immediate treatment. ABIs, or non-traumatic brain injuries, occur as a result of factors that are not related to external physical force, such as a stroke, infection, or oxygen deprivation. These injuries can be just as debilitating as TBIs. Here’s a closer look at these injuries:
Traumatic Brain Injuries
A TBI is a brain injury caused by head trauma, often from falls, car accidents, assaults, or sports injuries. There are two classifications of TBIs: closed (non-penetrating) and open (penetrating).
- Penetrating TBIs — This type of TBI occurs when an object penetrates the skull and enters the brain, causing brain tissue damage and skull fractures. Bullets, shrapnel, or other sharp objects can cause this type of brain injury.
- Non-Penetrating TBIs — In a non-penetrating TBI, the brain moves within the skull due to a strong force from events like falls, car accidents, sports injuries, or being hit by an object. This can cause bruises, blood clots, or damage to nerve connections.
Some examples of TBIs are:
- Contusions — A direct, strong blow to the head often results in a brain contusion or bruising. Minor brain bruises can heal within a few days, while more severe cases may take longer to recover. In some instances, brain surgery may be necessary.
- Hematoma — This is a buildup of blood outside blood vessels, often caused by trauma. When blood collects in the skull, it can put pressure on the brain, leading to serious complications and possible neurological damage.
- Diffuse Axonal Injury — Nerve damage in the brain’s white matter can occur from violent jolts or rotations during car accidents or falls. This injury disrupts communication between the brain cells.
- Coup-Contrecoup Injury — A coup-contrecoup injury occurs when the brain hits the skull at the impact site (coup) and then bounces to injure the opposite side (contrecoup). It’s common in car accidents, falls, and sports injuries, potentially causing serious brain damage.
Our Oakland brain injury lawyers are here to advocate for your rights. Whether your TBI resulted from a car crash, workplace accident, or slip-and-fall, we’ll seek to hold the responsible parties accountable and pursue appropriate compensation for your losses.
Acquired Brain Injuries
ABIs occur when internal factors, such as lack of oxygen, infection, exposure to toxins, or tumor pressure, damage the brain. Various conditions can cause ABI. Among them are:
- Stroke — A stroke happens when blood flow to the brain is blocked or a vessel bursts, depriving brain cells of oxygen. Sudden trauma from accidents can increase stroke risk, especially in those with preexisting conditions. Consequences of a stroke include paralysis, speech difficulties, cognitive impairments, and emotional challenges.
- Exposure to Toxins — Chemical spills and dangerous fumes damage the brain. Exposure to these contaminants can affect a variety of neurological functions, including cognition, motor skills, and personality.
- Brain Aneurysms — A serious accident can cause life-threatening events, such as a brain aneurysm. Head trauma, whiplash from a car crash, or a severe fall can increase pressure on brain blood vessels, potentially leading to an aneurysm forming or rupturing. Aneurysms happen when a weakened blood vessel expands beyond 50% of its normal size, creating a blister-like bulge.
- Infections — Severe accidents can do more than just cause direct trauma; they can also leave victims vulnerable to serious infections. An open head wound can allow bacteria to enter the brain, leading to complications such as meningitis or a brain abscess. These infections cause dangerous inflammation, which can damage brain tissue, trigger seizures, induce comas, or even result in death.
If someone’s carelessness injured you, our accident lawyers can help you understand your rights. Our team understands that brain injuries impact people differently, but many victims can recover significantly with appropriate treatment and therapy. Our Oakland brain injury attorneys work diligently to help you access the medical care you need and seek compensation for your medical bills and future needs.
Common Causes Of Brain Injuries
When a brain injury occurs due to someone else’s negligence, victims have the right to seek compensation for medical expenses, long-term care, lost wages, and other damages. The following are the most common causes of brain injuries:
Vehicle Collisions
Car crashes, truck collisions, and motorcycle accidents are among the leading causes of brain injuries. During a collision, the brain can get violently shaken or slammed against the inside of the skull, leading to concussions, contusions, or more severe brain damage. Victims can suffer trauma from hitting the steering wheel, dashboard, or windows, and whiplash can cause internal injuries even without a direct impact.
Road traffic accidents result in around 11.6 million traumatic brain injuries globally each year, highlighting a major public health issue. Given the devastating consequences of these injuries, accident victims must seek immediate medical attention and legal support. Get in touch with our brain injury lawyers in Oakland for a free case review.
Contact Sports
Brain injuries are also prevalent in contact sports, such as soccer, football, and boxing, especially in young athletes. Even with protective gear, high-impact sports still pose a significant risk of brain injury. Chronic traumatic encephalopathy (CTE) is a progressive brain disease caused by repeated head injuries, such as concussions. It leads to memory loss, mood changes, cognitive decline, and motor dysfunction, worsening over time. Research by the National Institutes of Health found that among 152 brain donations from young contact sport athletes who died before 30, 63 (over 40%) had chronic traumatic encephalopathy (CTE).
Slip-And-Fall Accidents
Falls are a leading cause of brain injuries, especially in high-risk occupations. Whether it’s tripping on uneven ground, slipping on a wet grocery store floor, or falling from a height at a construction site, these accidents can cause severe head trauma. Hard surfaces like tile or concrete increase the risk of brain bruising, hemorrhaging, and swelling. If you suffer injuries in a slip-and-fall accident, our Oakland brain injury lawyer can assist in filing a claim for damages.
Equipment Malfunctions
Brain injuries are a serious concern in high-risk industries such as forestry, farming, transportation, and construction. Equipment and machinery failures and malfunctions are inevitable. They can occur due to various reasons, such as wear and tear, improper use, or lack of maintenance, which can be potential safety hazards.
Exposure To Toxic Chemicals
Exposure to hazardous gases and chemicals is one of the most common causes of ABIs. Chemical spills and toxic fumes are examples of exposure to dangerous chemicals that may cause brain damage. Prolonged, chronic exposure could cause permanent damage or even death.
Severe Lung Injuries
According to the National Library of Medicine, lung injuries can have systemic effects on the brain due to changes in pulmonary function. Lung injury can impair oxygen intake, resulting in anoxic brain damage.
Near-Drowning
Near-drowning can cause brain injury when the brain goes without oxygen for too long. This can lead to brain cell damage, resulting in memory loss, coordination problems, or permanent disabilities.
Choking
Accidental choking can become life-threatening within minutes by blocking the airway and cutting off oxygen to the brain. Without oxygen, brain cells begin to die, potentially leading to permanent brain damage. Common choking hazards include small toys, hard candies, buttons, and coins. For young children, toys with small, detachable parts that lack proper choking warnings pose a serious risk.
If a defective product contributes to a choking-related brain injury, victims may have the right to seek compensation for their losses. Our Oakland brain injury lawyers can pursue fair compensation for your injuries.
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Brain Injury Symptoms
Symptoms of brain injuries may not appear immediately, preventing patients from receiving timely treatment, which may result in long-term complications. Here are some common symptoms to watch out for:
- Memory loss
- Loss of balance
- Impaired multitasking skills
- Articulation issues
- Movement impairment
- Difficulty concentrating
- Mood swings
- Loss of taste or smell
- Hearing difficulties
- Impaired vision
- Stress & irritability
- Headaches
- Sleep disorders
- Seizures
- Loss of consciousness
- Nausea or vomiting
- Depression
- Anxiety
If you or a loved one shows any signs of a brain injury after an accident, seek medical attention immediately. Even mild symptoms can signal serious underlying damage, and early treatment can help prevent complications.
If the injury was due to someone else’s negligence, our experienced Oakland brain injury lawyers will work to demonstrate their liability. We assist clients in accessing the necessary resources for their recovery.
Long-Term Complications And Possible Consequences Of Brain Injuries
Even with prompt medical treatment, many brain injury victims continue to experience long-term symptoms. Severe cases can lead to permanent disabilities, requiring ongoing medical care, rehabilitation, and daily assistance.
A severe brain injury can cause:
- Behavioral Issues — Victims may struggle with impulsivity, compulsive behaviors, aggression, or mood swings, which can strain relationships and disrupt daily life. In severe cases, uncontrolled hostility can pose a risk to both the individual and those around them.
- Cognitive Issues — Brain injuries can impair memory, focus, problem-solving, and visual-perceptual abilities. Victims may also struggle to process information, reason logically, or empathize with others.
- Communication Issues — Depending on the severity of the injury, victims may experience difficulties with speech, hearing, or overall communication.
- Emotional Issues — Anxiety, depression, mood swings, and personality changes are common. Many victims also develop post-traumatic stress disorder (PTSD) as a result of their injury.
- Physical Issues — Since the brain controls all bodily functions, injuries can cause epilepsy, paralysis, sensory impairments, and mobility problems.
- Sexuality Issues — Some victims experience changes in sexual behavior, including decreased interest in intimacy.
Insurance companies may try to undervalue or deny legitimate brain injury claims, but our Oakland lawyers have the experience and negotiation skills to advocate for fair compensation on your behalf. If you receive an inadequate settlement offer, we may recommend taking your case to trial.
How Our Lawyers Prove Liability In Your Brain Injury Claim
To hold the at-fault party legally responsible for your brain injury, our attorneys must establish that their negligence directly caused the harm you suffered. Under personal injury law, proving negligence requires demonstrating the following four key elements:
- The at-fault party has a duty of care to keep you safe.
- By abandoning or neglecting this obligation, the liable person breached their duty of care.
- It was the at-fault party’s actions that resulted in your injury.
- As a result of your injuries, you suffered actual losses.
Our brain injury attorneys in Oakland can help you pursue accountability from the negligent parties and assist you in seeking compensation for your injuries. We can help you build a compelling case by gathering relevant evidence.
Type Of Compensation Available For A Brain Injury Victim
Brain injury victims may need legal representation to pursue fair compensation covering medical expenses, rehabilitation costs, and lost income. Our Oakland brain injury lawyers are committed to providing support to help victims recover and move forward.
We can help you pursue compensation for the following:
- Special Damages — These damages cover the direct financial impact of a brain injury, including:
- Medical/surgical expenses.
- Long-term hospital costs.
- Nursing home care costs.
- Chiropractic care.
- Physical therapy.
- Medical devices.
- Prescription medications.
- Lost income.
- Out-of-pocket expenses.
- Property damage.
- General Damages — It is difficult to determine the monetary value of these damages since they are subjective, intangible losses. Some examples are the following:
- Pain and suffering.
- Emotional and psychological distress.
- Loss of quality of life.
- Loss of consortium.
Courts may also award punitive damages in rare cases when the at-fault party acts recklessly, maliciously, or with gross negligence. These damages punish the wrongdoer and deter similar behavior in the future.
Our brain injury lawyers in Oakland can conduct a comprehensive evaluation of your claim. They can collaborate with medical and economic experts to assess the extent of your losses and pursue fair compensation under the law.
Steps To Consider Following A Brain Injury
The steps victims and their loved ones take following a brain injury can help protect their health and their right to compensation. Our brain injury lawyers in Oakland recommend these steps:
- Seek Medical Care — If you suspect a brain injury, seek medical attention immediately. Have a healthcare expert perform an assessment and provide a diagnosis. Remember, insurance companies may have grounds to reject injury claims if you do not seek medical attention immediately after the injury occurs.
- Report the Incident — It is important to report accidents to the appropriate authorities. In the event of a motor vehicle collision, notify law enforcement. If an injury is sustained at school, inform the proper school administration. For injuries on private property, notify the owner.
- Gather Evidence — Collect as much evidence as you can at the accident scene if possible. You can also ask a bystander to do it for you. Capture photographs of the accident and the cause of the injury. Getting witnesses’ names and contact details is important so they can provide statements later on.
- Contact a Brain Injury Attorney — Contact our experienced Oakland brain injury attorneys, who can handle the legal aspects of your case. Our lawyers can start the investigation and handle all correspondence with other parties on your behalf.
Benny and Brian Beecher represented a 3-year-old boy who sustained a mild traumatic brain injury after he was run over by a golf cart at a fair. The insurance company for the fair argued that the child was already born disabled and that the blame was on the child’s parents for allegedly failing to supervise him. Benny and Brian fought this case for years until justice was served for our deserving client. The settlement was obtained during jury selection in Sacramento County.– BENNY KHORSANDI
Deadline To File A Brain Injury Claim
In California, victims of brain damage or other personal injuries usually have two years to file a lawsuit from the date of the accident. Failing to take legal action within this timeframe may result in losing your right to seek compensation for damages.
Notify your insurance company as soon as possible, as delays in reporting your injury could result in a denied claim. This becomes especially important if the at-fault party is uninsured or lacks sufficient coverage, requiring you to rely on your own policy.
To explore your legal options and potential compensation, contact our experienced Oakland brain injury lawyers. We can manage the legal aspects of your case, seek to hold negligent parties accountable, and advocate for a fair settlement for your losses.
Brain Injury Statistics
In 2023, a total of 68,743 TBI-related deaths were reported by the US Centers for Disease Control and Prevention (CDC), with 6,066 deaths reported in August alone. Provisional data provided for 2024 recorded 33,432 TBI fatalities from January to June.
The CDC reported 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021. On average, over 586 TBI-related incidents and 190 TBI-induced deaths occurred each day. A total of 32% of TBI-related hospitalizations and 28% of TBI-related deaths occurred among people aged 75 years and older.
Due to the high rate of brain injury cases, many victims need legal assistance, particularly if someone else’s negligence caused the injury. Our Oakland brain injury lawyers can help you pursue justice so you can focus on getting better.
Questions People Frequently Ask Our Oakland Brain Injury Lawyers
You may be wondering, “Do I need a personal injury lawyer?” following an accident. A legal counsel may be beneficial in brain injury cases. To get a more comprehensive response to your questions, call our Oakland brain injury attorneys at (888) 488-1391.
How Much Does It Cost To Hire A Brain Injury Lawyer?
The cost of hiring a brain injury lawyer can vary depending on the complexity of the case, the lawyer’s experience, and other factors. Our Oakland brain injury lawyers work on a contingency fee basis. We don’t charge any attorney’s fees unless compensation is obtained. However, you may still be responsible for some case-related costs. Our lawyers will discuss our fee structure and answer your questions during the initial consultation.
When Should I Consult A Brain Injury Lawyer?
Consult a brain injury lawyer as soon as possible after an accident. Early legal intervention helps preserve evidence, secure witness statements, and build a strong case before critical details fade. Delaying legal action can make it harder to prove negligence and may impact your ability to pursue compensation. Our Oakland brain injury attorneys will protect your rights from the start and help you obtain the medical and financial support you need.
How Long Does It Take To Resolve A Brain Injury Case?
The duration of a brain injury case depends on various factors, such as its complexity, the extent of the injuries, and whether it goes to trial. In some instances, a fair settlement can be reached quickly through negotiations, while in others, litigation may be necessary, extending the process. Our skilled Oakland brain injury attorneys will help you or your loved one seek compensation for your losses, no matter how long or short your case might take.
What Is The Average Settlement For A Brain Injury?
The settlement amount for a brain injury depends on several factors, including the severity of the injury, medical expenses, lost income, and long-term effects on the victim’s life. Cases involving mild injuries typically result in lower settlements, while severe injuries that require ongoing care and rehabilitation tend to receive significantly higher compensation.
Other factors, such as pain and suffering, emotional distress, and the impact on daily activities, also influence the final amount. Since every case is unique, consulting an experienced Oakland brain injury lawyer can help you understand what your claim may be worth.
Get Skilled Legal Representation From Brain Injury Lawyers In Oakland
Our Oakland brain injury attorneys have extensive experience representing victims suffering from serious head trauma that impacts the brain after a tragic accident. We are committed to pursuing fair compensation for medical expenses, lost wages, and emotional distress.
To learn whether your case may qualify for compensation, call us at (888) 488-1391 or fill out our “Do I Have A Case?” form.
Arash Law has skilled and experienced car accident lawyers, brain injury attorneys, and experts in other practice areas. We represent injured victims in Oakland and nearby areas, including Alameda, Piedmont, Berkeley, Albany, Orinda, Moraga, San Leandro, San Francisco, Richmond, Lafayette, Tiburon, Ashland, San Pablo, San Lorenzo, and El Sobrante. Additionally, our injury law firm serves clients across California, including San Francisco, Stockton, San Jose, Santa Cruz, Monterey, and Contra Costa County.
