Are you struggling with a traumatic brain injury because of a recent accident in San Diego, California? If so, it’s important to discuss your legal rights with an experienced San Diego brain injury lawyer. Call Petrov Personal Injury Lawyers, and discover how our award-winning litigators can help you maximize your compensation for medical bills, lost income, and unexpected changes to your life.
Since 2012, our law firm has earned a reputation for achieving top results in tough brain injury cases in San Diego and throughout North County San Diego. With over 20 years of experience, our top-rated California trial attorneys provide compassionate and effective legal services to clients in need. We’ve won millions of dollars on their behalf.
Don’t underestimate what your brain injury case might be worth. Don’t settle for a penny less than you deserve. Call Petrov Personal Injury Lawyers at (619) 344-0360 and discover how we can help you make the most of this incredibly difficult situation. Your first consultation is 100 percent free, so contact us for help today.
How Petrov Personal Injury Lawyers Can Help If You’ve Suffered a TBI in an San Diego, CA Accident
If you’ve suffered a traumatic brain injury (TBI) in San Diego, CA, you can’t trust the insurance company to put your best interests first. After all, they’re profit-driven corporations whose sole interest lies in making money. TBIs are costly – and they’ll want to avoid paying your claim. So, don’t be surprised when they try to scare you away from your claim or manipulate you into accepting a lowball offer.
You need a trusted legal advocate standing beside you, which is why you shouldn’t hesitate to call our San Diego personal injury lawyers for help.
Our law firm will challenge the insurance company – and anyone else who might be responsible for your damages – and force them to accept responsibility for your suffering.
We’ll invest whatever time and resources are necessary as we:
- Launch a full-scale investigation into your brain injury case
- Carefully analyze evidence related to your claim, including medical records, accident reports, witness statements, video recordings, expert testimony, physical evidence, and more
- Defend against claims of shared responsibility designed to derail your ability to recover full compensation
- Calculate what your brain injury case is worth based on your monetary losses and how your TBI has affected your life
- Aggressively negotiate on your behalf, working to secure a meaningful settlement offer from the insurer
- File a lawsuit and bring your brain injury case to trial, if needed
At Petrov Personal Injury Lawyers, we understand the toll that a brain injury can take on your life. The costs can be extraordinary and potentially last for a lifetime. Our law firm doesn’t want legal fees to add to your stress and burden, which is why we represent brain injury victims on contingency. Our fee is entirely dependent on our ability to win your brain injury case. No win, no fee – guaranteed.
Call our San Diego law office to arrange a free consultation with a member of our legal team today.
How Common Are Traumatic Brain Injuries?
Every day, more than 4,000 people in the United States suffer a traumatic brain injury. That’s roughly 1.5 million TBIs annually.
Many of these brain injuries are quite serious. Roughly 15 percent of all TBI victims are hospitalized due to the extent of their injury. About 3 percent of all brain injury victims die. In 2020, the CDC estimates that 64,000 brain injuries were fatal.
What is a Traumatic Brain Injury?
The term traumatic brain injury refers to a wide range of trauma that occurs when you suffer an unexpected bump, blow, or jolt to the head. This trauma causes a disruption in normal brain function, which can have ripple effects across the body.
Some common types of traumatic brain injuries include:
- Closed head injury
- Penetrating head injury
- Contusion
- Hematoma
- Hemorrhage
- Diffuse axonal injury
- Coup-contrecoup brain injury
- Aneurysm
- Encephalitis
- Anoxic injury
Some brain injuries are more serious than others. Typically, traumatic brain injuries fall into one of three classifications: mild, moderate, and severe.
The classification depends on (a) the length of time a victim loses consciousness and (b) their symptoms.
What Causes Most Traumatic Brain Injuries in San Diego?
Traumatic brain injuries can occur anytime you sustain an unexpected blow to the head.
Some of the most common causes of TBIs in San Diego include:
- Car accidents
- Bicycle accidents
- Pedestrian accidents
- Uber and Lyft rideshare accidents
- Boating accidents
- Truck accidents
- Motorcycle accidents
- Construction accidents
- Workplace accidents
- Slip and fall accidents
- Swimming pool accidents
- Assaults
- Defective products
- Nursing home abuse
- Birth injury
- Medical malpractice
If you’ve been injured through little-to-no fault of your own or suffered a TBI at work, don’t hesitate to contact our law office in San Diego. You may have the right to recover compensation, and our brain injury attorneys can help you work toward a meaningful financial recovery.
What Are the Potential Long-Term Consequences of a TBI?
The brain is a delicate organ. Any damage – no matter how small – can have a massive impact on its ability to function properly. As a result, many brain injury victims are faced with the reality that they might experience long-term struggles because of their TBIs.
Depending on the type of TBI, the location on the brain, and its severity, potential long-term consequences include:
- Speech impairment
- Headaches
- Memory loss
- Changes in vision or hearing
- Chronic fatigue
- Chronic physical pain
- Limited mobility
- Depression, anxiety, and other changes in mental health
- Impulse control problems
- Cognitive dysfunction
- Seizures
- Inflammatory events
- Neurodegenerative diseases
It’s important to seek prompt medical attention if you have suffered an injury to the head. The sooner you receive medical care, the better your chances of limiting potential long-term damage and symptoms.
What is My San Diego Brain Injury Case Worth?
The value of your brain injury case will depend largely on these and other factors, which are specific to your situation:
- The specific type of brain injury you’ve sustained
- The location of the TBI
- Whether your doctors believe you’ll make a full recovery
- The cost of treatment – currently and in the future
- Psychological impacts of your TBI
- Whether you require nursing or personal care assistance
- Shared responsibility for the accident that caused your brain injury
- Steps you took to mitigate your brain injury
- How your brain injury has affected your ability to work
Your age and changes in your earning capacity will also be important considerations when it’s time to calculate what your brain injury case is worth.
Reach out to an experienced brain injury lawyer near you in San Diego to learn more about the potential value of your case. A member of our team is always here to take your call – 24/7/365.
What Types of Damages Can Be Awarded To Brain Injury Victims in San Diego?
While there are some exceptions, such as cases involving claims for workers’ compensation benefits, brain injury victims can typically recover economic damages and non-economic damages.
Economic damages make up for out-of-pocket expenses and financial costs related to a brain injury, such as:
- Medical bills
- Rehabilitation
- Lost wages
- Disability
- Property damage
- Nursing assistance
- Funeral expenses
Non-economic damages are intended to compensate brain injury victims for the personal losses and suffering they experience, such as:
- Loss of consortium
- Reduced quality of life
- Post-traumatic stress disorder
- Pain and suffering
If your brain injury lawsuit goes to trial in North County San Diego, there’s a chance that a jury could also award punitive damages. This can happen when there is compelling evidence to show that your TBI was the result of the defendant’s malicious, oppressive, or fraudulent behavior.
Can Shared Fault Hurt My Chances of Getting Compensation for a Brain Injury in California?
Yes – your financial award will be reduced. California has a pure comparative fault system in place. Your damages will be reduced to reflect any contributions you made to the accident that caused your brain injury.
If you’re 30 percent at fault, you’ll see a 30 percent reduction in the damages awarded in your brain injury claim.
Our brain injury attorneys in San Diego will be ready to fight back when an insurance company or at-fault party tries to shift blame your way. We will work hard to disprove their allegations and ensure that any claims are backed up by hard evidence. The less fault that’s attributed to you, the more money you can potentially recover when your case is resolved.
What is the Deadline To File a California Brain Injury Lawsuit?
In California, you’ll typically have two years from the date you suffered your brain injury to seek compensation.
If a family member dies due to a brain injury, you’ll have two years from the date of their death to seek damages in a wrongful death claim.
There are some exceptions, such as cases where children suffer brain injuries, but they are rare.
Do not let too much time pass by before filing your claim. You will give up the ability to assert your legal rights once the statute of limitations expires.
Frequently Asked Questions about Brain Injuries in San Diego
1. What is a traumatic brain injury (TBI) and what causes one in San Diego?
A traumatic brain injury (TBI) occurs when a sudden bump, blow, or jolt to the head disrupts normal brain function. In San Diego, TBIs commonly result from car accidents, slip and falls, motorcycle crashes, and workplace incidents. Injuries range from mild concussions to severe conditions like hematomas, skull fractures, and diffuse axonal injuries. Even a “mild” TBI can have lasting consequences on memory, cognition, and quality of life.
2. What compensation can brain injury victims recover in California?
Brain injury victims in California may be entitled to compensation for past and future medical bills, rehabilitation and therapy costs, lost wages and reduced earning capacity, pain and suffering, emotional distress, and loss of quality of life. In cases involving particularly reckless or intentional conduct, punitive damages may also be available. Because brain injuries often require lifelong care, accurately calculating future costs is critical to a fair outcome.
3. How is the value of a brain injury claim determined?
No two brain injury cases are identical. The value of a claim hinges on the severity and permanence of the injury, current and projected medical expenses, the impact on your ability to work and perform daily activities, and the strength of the evidence linking the accident to your injury. An experienced San Diego brain injury attorney will work with medical and financial experts to ensure every element of your damages is properly documented and valued.
4. Do I need a lawyer for a mild traumatic brain injury like a concussion?
Yes. Insurance companies routinely downplay concussion claims, arguing that symptoms are minor or unrelated to the accident. In reality, even a mild TBI can cause persistent headaches, memory problems, mood changes, and long-term cognitive dysfunction. An experienced brain injury lawyer at Petrov Personal Injury Lawyers will make sure your injury is taken seriously, fully documented, and properly valued, so you are not pressured into accepting a settlement that falls short of your actual needs.
5. How do insurance companies try to minimize brain injury claims?
Insurance adjusters are trained to reduce payouts. Common tactics include arguing your symptoms predate the accident, claiming your injury is not as severe as reported, disputing the causal link between the accident and your TBI, or suggesting you share fault. Having legal representation levels the playing field and ensures these strategies do not undermine your claim.
6. What evidence is most important in a brain injury case?
Strong brain injury claims are built on emergency room and neurology records, CT scans and MRI imaging, testimony from treating physicians and independent medical experts, witness statements and official accident reports, and documentation of lost wages and diminished earning capacity. The more thorough you can be in documenting your injury and its impact from the beginning, the stronger your case will be.
7. Can family members file a claim if a loved one suffered a fatal brain injury?
Yes. If a traumatic brain injury results in death, surviving family members may file a wrongful death claim in California. Recoverable damages can include funeral and burial expenses, loss of financial support, and loss of companionship and consortium. California’s wrongful death statute of limitations is generally two years from the date of death, so acting promptly is essential.
8. How long does a brain injury case take to resolve in San Diego?
The timeline depends on the complexity of your case, the severity of your injury, and whether a fair settlement can be reached without going to trial. Some claims resolve within several months; others involving severe or permanent injuries may take longer, particularly if litigation becomes necessary. At Petrov Personal Injury Lawyers, we move cases forward efficiently while ensuring our clients are never pressured into settling prematurely.
9. Can I still recover compensation if I was partially at fault for the accident?
Yes. California follows a pure comparative negligence system, which means your compensation is reduced by your percentage of fault, but you are not barred from recovery even if you were partly responsible. For example, if you are found 20% at fault and your damages total $500,000, you would still recover $400,000.
10. How do I know if my brain injury case is worth pursuing?
If your injury required medical treatment, caused you to miss work, resulted in ongoing symptoms, or significantly disrupted your daily life, it is worth discussing with a lawyer. Petrov Personal Injury Lawyers offers free consultations to help you understand your legal options and the potential value of your claim. There is no cost to speak with us, and we only get paid if we win your case.
Schedule a Free Consultation With a Respected San Diego Brain Injury Lawyer
Don’t try to deal with the consequences of a brain injury on your own. Call Petrov Personal Injury Lawyers, and let our experienced San Diego brain injury attorneys take charge.
With decades of experience behind us, we’re ready to take on the insurance company and anyone who contributed to your catastrophic brain injury.
We’ll work tirelessly to help you recover maximum compensation – all you have to do is call and ask for our help. Reach out to our law office in San Diego to set up a free case assessment now.
Visit Our Personal Injury Law Office in San Diego, CA
702 Civic Center Dr. Suite 105, San Diego, CA 92054
(619) 678-1016
