Brain Injury

Concussions: More Than Just a Headache

by cjadmin | October 28th, 2024

Concussions are often misunderstood as just a bad headache. However, a concussion is a type of traumatic brain injury (TBI) that requires serious attention, especially if it happens after a car crash, slip and fall, or any other accident.

Unlike ordinary headaches or migraines, concussions can have severe and lasting effects on your brain health. Understanding the symptoms and seeking prompt medical care can support your recovery and future well-being.

Learn how to identify when a concussion might indicate a TBI and how a California brain injury lawyer can help you seek compensation for your injuries.

Symptoms of a Concussion: What to Watch For

After an accident, it’s easy to dismiss a headache as a minor consequence of the ordeal. However, concussions have symptoms that distinguish them from regular headaches or migraines. Common signs of a concussion include:

  • Persistent Headache: The headache may feel sharper, last longer, and resist typical pain relief, unlike usual headaches or migraines which often improve with rest or medication.
  • Dizziness and Balance Issues: Migraines can cause some dizziness, but a concussion can make you feel unexpectedly unsteady or lightheaded, leading you to struggle to keep your balance even during routine tasks like walking.
  • Confusion or Feeling Foggy: While headaches can cause discomfort, concussions can leave you feeling mentally sluggish or unable to think clearly.
  • Memory Problems: A concussion may also cause noticeable memory gaps, making it difficult to remember what happened before or after the injury.
  • Nausea and Vomiting: Nausea from a concussion is often more sudden and intense than what you might experience with a migraine or headache.
  • Sensitivity to Light and Noise: While migraines can cause sensitivity to light and sound, these sensitivities can be more extreme with a concussion and persist in low-light or quiet environments.
  • Changes in Mood or Behavior: Shifts in mood, like irritability or anxiety, may feel stronger and more out of character than you might experience with a regular headache or migraine.
  • Sleep Disturbances: Sleep problems from a concussion can go beyond typical restlessness or fatigue, making it difficult to fall asleep or stay asleep and causing unusual daytime drowsiness.

How Concussions Differ From Ordinary Headaches and Migraines

Unlike ordinary headaches, concussions result from a blow to the head or a violent jolt that causes the brain to move rapidly within the skull. This movement can lead to bruising, nerve damage, or other forms of trauma to the brain tissue.

While migraines are neurological and can be debilitating, they do not involve direct injury to the brain. Headaches or migraines typically resolve with rest, hydration, and medication. Concussions often require more serious interventions, such as a medical evaluation and a cognitive and physical rest period.

Ignoring concussion symptoms can lead to a worsening condition known as post-concussion syndrome, which can cause dizziness, persistent headaches, and cognitive difficulties for months or even years after the initial injury.

The Dangers of Undiagnosed Concussions

Failing to diagnose and treat a concussion can have serious, long-term consequences. A concussion is a brain injury that can lead to complications if ignored. Risks associated with untreated concussions include:

  • Further Brain Injury: Once you’ve sustained a concussion, your brain becomes more vulnerable to additional injuries. Suffering another blow to the head before fully recovering can lead to second-impact syndrome, a rare but potentially fatal condition.
  • Development of Chronic Symptoms: Some individuals’ symptoms persist for weeks, months, or even years. These symptoms can interfere with daily life, affecting your ability to work, socialize, and enjoy activities.
  • Complications Like Seizures: Seizures can occur after a concussion, especially if the injury is severe or left untreated. Around 2%-17% of people with head injuries experience seizures, with many of these seizures happening within the first 24 hours after the injury.
  • Impact on Cognitive Function: Memory problems, difficulty concentrating, and other cognitive issues can arise from an untreated concussion. These symptoms can severely affect your quality of life, leading to frustration, anxiety, and depression.

Why You Should See a Doctor

If you suspect you have a concussion following an accident, see a doctor immediately to protect your health. A medical professional can conduct neurological tests, imaging studies, and cognitive assessments to determine the severity of your injury and recommend appropriate treatment. The earlier a concussion is diagnosed, the better your chances are of avoiding long-term complications.

A doctor’s evaluation also provides crucial documentation of your injuries, which can be essential if you pursue a legal claim. Medical records establish clear evidence of the severity and timing of your concussion, strengthening your compensation case. At Berg Injury Lawyers, we specialize in helping brain injury victims prove their injuries and receive the financial support needed for recovery.

Contact Berg Injury Lawyers for Qualified Legal Help

If you or a loved one is suffering from a concussion caused by someone else’s negligence, whether in a car crash, slip and fall, or other type of accident, don’t wait to seek help.

Our qualified team understands the challenges of brain injury claims. We have the experience and resources needed to secure the compensation you deserve. As trusted California brain injury lawyers, we can guide you through the legal process and hold the liable party accountable for your losses.

Contact us for a free consultation, and let us help you get the care and compensation you need.

What Are Hedonic Damages—and Should You Include Them in Your Injury Claim?

by Staff | April 25th, 2022

Severe injuries lead to steep medical bills, lost wages from missing work, and significant pain and suffering. Part of the suffering associated with severe injuries is losing the ability to partake in life’s many joys. In the courts, hedonic damages are the name for an individual’s loss of enjoyment of life.

In California, hedonic damages can be recovered in a personal injury claim. If you suffered a severe injury that has taken the enjoyment out of your life, talk with California personal injury lawyers about how to get the compensation you deserve for hedonic damages.

What Injuries Can Cause Hedonic Damages?

Any injury that limits the ability of the injured to enjoy their life is causing hedonic damages. Injuries from car accidents, slip-and-fall injuries, burns from fires caused by defective products, and much more can all result in hedonic damages.

Hedonic damages in car accidents

Car accidents can lead to extremely severe injuries. Disabling physical injuries and brain injuries specifically can be a source of hedonic damage. Brain injuries can affect the injured person’s ability to move, eat, think, and feel certain emotions.

Disabling injuries like paralysis or injuries resulting in amputation limits people’s movement, which is vital for the enjoyment of life.

Hedonic damages in slips and falls

Brain injuries are common in slips and falls when the victim incurs trauma to the head on impact. Spinal cord injuries are also possible, resulting in partial or complete paralysis. These slip-and-fall injuries significantly limit the victim’s ability to enjoy their life like they once did.

Hedonic damages from burns

Severe burns can cause significant weakness in the burned region, movement-limiting muscle stiffness, and constant sleeping disruptions. The movement restrictions qualify some burn victims for disability compensation. They can also make it impossible for victims to participate in the joys of life due to embarrassment or low self-esteem, especially if the burns are on the face or other uncovered body parts. 

Chronic sleep issues result in anxiety, depression, and other enjoyment-reducing mood disorders. When a victim’s burns result from a fire caused by a defective product, they may be able to win compensation for their hedonic damages.

Hedonic Damages and Filing Your Claim

Getting compensation for hedonic damages is not a simple process because there is no obvious dollar amount associated with losing the enjoyment of life. Hedonic damages are also referred to as non-economic damages, meaning they have no direct financial impact on the victim, making them more challenging to prove.

In California, it is primarily up to the common sense of the jury to decide what amount of compensation is fair in hedonic damage cases.

Hedonic damages are in the same category as pain and suffering and other emotional damages. They are all equally difficult to prove because they are non-quantifiable.

Younger victims usually have a better chance of receiving hedonic damage compensation because their injuries bar them from doing what they enjoy for longer periods. 

How to Prove Hedonic Damages

Since hedonic damages have no monetary value, they require you to gather evidence to support your claim in other ways. A personal injury attorney can help you prove your loss of enjoyment of life to better your chance of winning compensation.

If you have recently been a victim of injury-causing hedonic damage, take detailed notes of all the activities you can no longer do. Also, keep a detailed schedule of events you would have attended if not for the injury. These are two kinds of evidence that may help support your case.

Talk with Your Attorney About Hedonic Damages

Hedonic damages are worth including in your personal injury claim as a part of your pain and suffering damages. The complicated nature of hedonic damages means you need an experienced personal injury lawyer with a track record of successfully winning both economic and non-economic damages in your type of injury claim.

The personal injury attorneys at Berg Injury Lawyers have over 40 years of experience and the resources to explore every possibility in your case. Contact us today for a free consultation and more information on recovering financial, emotional, and physical damages for your injury.

What’s a Typical Settlement for Injury Claims Involving Brain Injuries?

by Staff | March 14th, 2022

Traumatic brain injuries (TBI) are a severe form of personal injury. TBIs are a leading cause of death and disability worldwide. According to the Brain Trauma Foundation, an estimated 2.5 million Americans suffer from a TBI every year. This results in about 50,000 deaths and 80,000 cases of permanent disability.

If you or a loved one suffered a traumatic brain injury due to another party’s negligence, malpractice, or intentional acts, here’s how much you can expect from your claim.

What Constitutes a Traumatic Brain Injury?

Like most other injuries, traumatic brain injuries may vary significantly in severity. However, the highly delicate nature of the brain often means even the mildest TBI can result in lasting damage.

TBIs: Concussions

The most common type of TBI is a concussion, medically known as a mild Traumatic Brain Injury (mTBI). The most common causes of concussion cases in the U.S. are falls, impacts to the head, and car accidents.

Most concussion symptoms resolve after three months, however, a small number of individuals may suffer from a rare condition called Post-concussive Syndrome (PCS).

Other types of TBI

Other forms of traumatic brain injury include:

  • Brain contusions: An impact or concussive event causing the brain to bruise and start bleeding. Some brain contusion cases require surgery.
  • Coup-Contrecoup injury: A coup-contrecoup injury (from the French words for “blow” and “backlash”) is the result of a violent impact (the coup) causing the brain to hit the back of the skull on the opposite side (the contrecoup).
  • Diffuse axonal injuries (DAI): DAIs are a more severe form of concussion. They form tears inside the brain, which often cause comas or death.
  • Penetrating brain injuries (PBI): A PBI occurs when foreign objects or projectiles pierce the skull and damage the brain (e.g., bullets). PBIs are one of the deadliest forms of TBI, with a mortality rate of 90%.

How Much Can I Expect From a TBI Claim?

According to the Family Caregiver Alliance, traumatic brain injuries comprise over 30% of all injury-related deaths in the U.S., totaling more than $60 billion in medical and economic losses.

It is important to remember that each case is unique. The specific compensation amount you might receive depends on many factors. Contacting a team of experienced California brain injury lawyers is necessary to assess the full extent of your economic and non-economic damages.

How Are TBI Damages Calculated?

Brain injury lawyers assess the value of your settlement by calculating the damages you’ve suffered. There are two primary types of damages you can recover in California: economic and non-economic.

Economic damages

The economic damages are the calculable losses you sustained due to your injury. These can include:

  • Lost or reduced wages and salaries
  • Property damage assessments
  • Repair or replacement bills
  • Medical expenses, including medications, assisted living, and nursing personnel

If the exact value of a loss sustained due to your injury can be financially quantified, it is a form of economic damage. Your settlement value typically at least includes the totality of the monetary damages sustained, reimbursing you what you can demonstrate you’ve lost due to the injury.

Non-economic damages

The non-economic damages are the pain, suffering, anguish, and other trauma you’ve suffered due to the injury. Although these aren’t easily quantifiable, skilled brain injury lawyers use various methods to put a specific value on the pain and suffering their clients sustain.

One of the most common approaches is to add together the total economic damages and apply a multiplier (typically ranging from 1.5 to 5, depending on the severity) to this value. Due to the severity of a typical TBI case, they tend to command higher multipliers.

Another approach is the Per Diem method, a daily rate calculator. According to the Per Diem principle, your lawyers estimate a specific dollar value for each day you’ve had to live with pain and trauma (usually based on your salary), then multiply this value by the number of days spent in pain.

For example, if your yearly salary is $50,000 and you work 250 days a year, your daily rate is $200. If you wear a neck brace for 3 months and use pain medication for another 3 months following an accident (totaling 6 months of days in pain), an example formula may be:

  • $200 daily rate calculated from your salary x 180 days spent in pain = $36,000 in non-economic damages

Count on Berg Injury Lawyers for Your Brain Injury Case

Don’t take on the responsibility of handling your settlement case alone while you’re dealing with the pain and suffering of a TBI. Instead, call Berg Injury Lawyers and schedule a free consultation with one of our highly skilled brain injury lawyers.

We can help you calculate the value of your claim and fight to get you the maximum compensation you need.

How Does a Brain Injury Affect Your Ability to Drive?

by Staff | May 24th, 2021

Brain injuries come in varying levels of severity, causing minor impairments with coordination and memory to patients who cannot care for themselves. If you’ve suffered from a traumatic brain injury (TBI), it may affect your reaction time, depth perception, peripheral vision, and coordination when you drive. If you’ve suffered from TBI seizures in the last year, you may have your license suspended.

However, with time, physical and occupational therapy, and medication, you may be able to drive normally one day. Here’s what you need to know about how a brain injury affects your ability to drive and when you can expect to hit the road again.

What is a TBI?

Traumatic brain injuries occur due to an impact or force that damages the brain. They typically occur from sports injuries, violence, slips and falls, and car accidents. A TBI occurs due to direct blunt force trauma to the head or the head changing direction suddenly and violently, causing the brain to hit the skull.

Some TBIs can heal after several weeks, months, or a year. Any TBI that lasts for more than a year is likely to be a permanent impairment, although you can learn to compensate with proper physical rehab interventions. Some drivers may need adaptive equipment to get behind the wheel again.

For those who received their TBI in a car accident, you may require some counseling to help you overcome anxiety and PTSD from the crash and to regain your confidence.

TBIs can impact your cognitive, visual, and physical abilities when you drive, which can be dangerous and lead to an accident. If you experience any of these impairments, it’s important to seek medical clearance before driving again.

Cognitive Impairments

TBIs to the frontal or temporal lobe can cause cognitive issues in the accident or fall’s immediate aftermath. Common symptoms of cognitive impairments following a TBI include:

  • Disorientation and confusion
  • Problems with decision-making, planning, impulse control, memory, problem-solving, and communication
  • Distraction and difficulties concentrating
  • Inability to cope with unexpected weather events or construction detours

While these injuries typically resolve in three to six months, severe damage may cause issues to persist. Aggressive physical, occupational, and psychological therapy can help you overcome many of these challenges and give you critical coping mechanisms.

Physical Impairments

Damage to the cerebellum, parietal lobe, and brain stem can cause physical challenges when you want to return to your normal life. In addition to the damage your brain has sustained, other areas of your body may have been seriously injured in an accident or fall. You may need to learn a new way of moving your body and utilizing new adaptive tools to get around. Your brain is also healing and can cause impairments such as:

  • Hearing loss
  • Poor hand-eye coordination and muscle coordination
  • Limited muscle strength
  • A loss of sense of balance, or vertigo

Visual Impairments

Damage to the occipital lobe causes vision challenges that can make driving difficult or impossible. Many of these issues resolve with time, but some persist and may make getting back behind the wheel impossible. Visual impairments after a TBI include:

  • Loss of peripheral vision
  • Development of blind spots
  • Blurred vision, double vision, trouble focusing
  • Difficulty controlling eye movement
  • Slow processing of road signs or potential hazards

Getting Back to Driving

If your license was suspended as a result of your TBI, you will need to go to the DMV and participate in a re-examination interview or a physical and mental hearing.

An experienced personal injury attorney from Berg Injury Lawyers can help you prepare for these steps and provide documentation from your doctors to support your case for license reinstatement.

Alternatively, if you are deemed unable to drive again safely due to a permanent traumatic brain injury, you may need financial assistance for transportation costs and medical bills. Not being able to drive severely limits your ability to earn a living wage, and you may have dependents who count on you for transportation. These are calculable damages you may be eligible to recover if your TBI resulted from another person’s negligence.

The Final Word

If you or a loved one have sustained a traumatic brain injury, don’t give up hope. With time and medical interventions, many TBI patients can heal and get back on the road again safely. Let our experienced California brain injury lawyers help you get back your wheels and your independence. We can also file a claim for damages from the negligent party, so you are financially secure.

We Help TBI Victims Get Maximum Compensation

by Staff Blogger | December 30th, 2019

Traumatic brain injuries (TBIs) affect victims and their entire families, especially when victims are the primary income-earners in their households. TBIs can range in severity, and moderate to severe TBIs can make it difficult or impossible for victims to work. Some may even be unable to live independently and require assistance from family members or healthcare professionals to complete routine, daily tasks. At Berg Injury Lawyers, we’ve seen how devastating TBIs can be for victims and their families. In addition to being emotionally damaging to everyone involved, they can also be extremely expensive. The healthcare costs associated with TBIs can be too much for many families to bear, especially when their affected loved ones can no longer work and earn the paychecks they depended on. Our California brain injury lawyers know all the expenses associated with TBIs, and we fight to help victims and their families get fair compensation. When victims contact us for help, we review all the facts of their claims, including how much their TBIs will cost them and their loved ones in medical bills and lost wages, present and future. We also factor in victims’ pain and suffering due to their injuries, impairments, and disabilities. Then, we negotiate with the insurance company to get a fair settlement. We know that insurance companies are reluctant to give victims the money they deserve after accidents and injuries, but we don’t take no for an answer. When they refuse, we don’t hesitate to take them to court. Contact us today for a free consultation if you or someone you love suffered a TBI. We’re here to help.

The Costs of Traumatic Brain Injuries Are Often Overwhelming

by Staff Blogger | October 21st, 2019

When someone suffers a traumatic brain injury (TBI), the short and long-term consequences aren’t always immediately known. Some victims suffer symptoms that are similar to a concussion, while others may experience permanent and life-changing effects. Victims of serious TBIs can experience a range of disabilities, including cognitive and behavioral changes as well as impaired coordination and fine motor skills. TBI-related complications can make it difficult or even impossible for victims to return to work after their accidents, and that means they and their loved ones won’t get the paychecks they depend on. To make matters worse, the medical bills associated with TBIs are significant and may continue to accumulate for years after the initial accidents occurred. That’s because many victims require ongoing physical and cognitive rehabilitation to regain lost function. At Berg Injury Lawyers, we know how devastating the effects of TBIs can be on victims and their families. That’s why we believe that innocent people should never pay out of pocket after TBIs that weren’t their fault. Our California brain injury lawyers have helped victims get the compensation they deserve after TBIs for decades, and we know how to build claims that get results. You shouldn’t have to suffer financially because of another person’s or party’s negligence. You’ve gone through enough already—now let us fight for your right to get the money you deserve. Contact us today for a free consultation to find out how we can help you and your loved ones during this difficult time.

Brain Injury Victims Deserve Compensation for Their Lifelong Treatment and Care

by Staff Blogger | December 10th, 2018

Traumatic brain injuries (TBIs) are aptly named. Even relatively minor blows to the head can result in significant and life-changing effects for victims, while more serious injuries can cause victims to suffer profound cognitive disabilities, personality changes, and physical limitations. At Berg Injury Lawyers, our California brain injury attorneys know that TBIs can happen due to a variety of circumstances and scenarios. They may occur during auto accidents, because of preventable medical complications, or because of poor workplace safety protocols. Regardless of how they happen, the people who suffer from TBIs—along with their families—often face a lifetime of challenges related to their care and treatment. Many TBI victims lose their ability to live independently, and they may require extensive medical care for months, years, or even decades. The families of those victims may have no choice but to hire medical professionals to care for their loved ones around the clock. The costs of such care can be astronomical, especially when the victims themselves were primary income earners for their loved ones. Our legal team believes that TBI victims and their families shouldn’t have to pay out of pocket for the consequences of injuries that weren’t their fault. That’s why we do everything in our power to help our clients get maximum compensation. From collecting evidence that leaves no doubt about how the TBI occurred, to calculating how much compensation your family deserves, we’re ready to fight for your rights. Call today for a free consultation.

Compensation for Brain Injury Victims

by Staff Blogger | November 6th, 2017

At Berg Injury Lawyers, we’re proud to provide legal representation to victims of a variety of accidents and injuries, including auto accidents, truck accidents, drug injuries, and drunk driving accidents, just to name a few. And while every accident or injury has the potential to be serious and even life-threatening, we know that accidents that affect the brain can be especially devastating. Traumatic brain injuries (TBIs) can range from mild concussions to permanent brain damage. Victims who suffer TBIs can be left with profound physical and mental disabilities, and some even permanently lose their ability to live independently. If you or someone you love suffered a brain injury because of another person’s negligence, we want to speak with you. It’s our goal to help you get maximum compensation for a variety of expenses, including:
  • Medical bills – TBIs require extensive medical treatment and intervention that health insurance may not fully cover—which can leave victims and their families in a financial bind.
  • Lost wages – Because TBIs can affect victims physically and mentally, it’s common for people who suffered brain injuries to be unable to go back to work.
  • Pain and suffering – TBIs can make it impossible for victims to enjoy their hobbies, and their quality of life and the quality of life of their caregivers can decrease dramatically.
If you or a loved one suffered a brain injury, don’t wait to get the experienced legal representation you deserve. Call our California brain injury lawyers today for a free consultation.

Traumatic Brain Injury Risk for San Francisco Car Accident Victims

by Staff Blogger | September 26th, 2016

Football season is in full swing, which means weekend tailgating and Friday night lights are once again a part of our lives, at least for a short while. If you’re a parent of a football player, beyond the enthusiasm and pride you feel for your teenager’s participation in the sport, there’s probably always an underlying anxiety for their safety. That’s understandable. With the increase of reported concussions in full-contact organized sports, the possibility of a traumatic brain injury is always there. Nowadays, we’ve become better at spotting the signs and symptoms of concussions on the field, but what about after a car accident? Many victims leave the scene of their accident believing they escaped without sustaining any injuries, only to discover otherwise hours later. That’s why it’s vitally important that you seek medical attention after your accident, even if you don’t show any signs of injury initially. Sleeper injuries, such as concussions, are one of the most dangerous types of injuries you can sustain in an accident, so get checked out by a medical professional no matter what. If you’ve been injured in a car accident, you need the right legal help as well. Call our experienced San Francisco brain injury attorneys today for a free consultation. Let us put our more than 30 years of experience to work for you.

Traumatic Brain Injuries May Have Long-Term Effects for Car Accident Victims

by Staff Blogger | May 4th, 2015

There are many injuries car accident victims can suffer and some of the most dangerous—and hardest to diagnose—are traumatic brain injuries, often abbreviated as TBIs. The California brain injury lawyers at Berg Injury Lawyers explain that almost half of all young Californians will suffer a TBI if they are involved in a motor vehicle collision. The risks of a TBI resulting from a car accident were recently discussed in an article released by Business Insider. The article told the story of a young man who struggled to overcome a TBI after being stuck by a car while crossing the street. The victim states he was walking in a crosswalk in San Francisco on November 3, 2010, when a passing motorist hit him. The impact of the collision caused the young man to be thrown across four lanes of traffic. The victim suffered a traumatic brain injury and endured months of pain and suffering as he worked to overcome his injuries and rehabilitate his body. His injury adversely affected his professional life and ability to make a living. It also had a profound impact on his personal life. If you’ve suffered a TBI through no fault of your own, the California personal injury attorneys at Berg Injury Lawyers know what it takes to help you get the compensation you deserve. Learn more about how we can assist you with your case and your claim by calling us at (800) 400-2374 today.