Brain Injury

shutterstock_2082309When you or a loved one experience a life-altering brain injury due to someone’s wrongful conduct, financial difficulties can plague you for the rest of your life.  Typically, a brain injury starts with a head trauma.  The main causes of TBI include car accidents, falls, firearms, NFL- and sports-related injuries, and other types of head trauma.  Additionally, brain injuries commonly occur during difficult childbirth due to medical errors and doctors’ negligence.  Our award-winning lawyers can help you get through this difficult time.  We offer free consultations, and you do not pay any legal fees until we win your case.


Brain-injured victims often feel the immediate and devastating impact of the injury soon after it occurs.  But brain trauma can also be misunderstood and misdiagnosed as concussions.  Unfortunately, brain injuries can be life-changing, especially if you do not seek medical and legal help right away.  If you need a brain injury attorney in San Diego, Los Angeles, Orange County, Riverside, San Bernardino, or Imperial Counties or elsewhere in Northern California or Southern California, we are here to help.  We understand the complexity and have the experience necessary for these types of cases. 

Traumatic Brain Injury Statistics

Each year, over 1.7 million people suffer a traumatic brain injury.  In fact, brain injuries are so common that they affect a new person in America every 21 seconds.  According to the U.S. Center for Disease Control and Prevention, 275,000 of TBI cases result in hospitalization.  Yet another 1,365,000 injured people are treated and released from emergency department, often without any additional treatment each year.  Unfortunately, over 50,000 people die from brain injuries each year.  Overall, a traumatic brain injury is a contributing factor to almost a third (30.5%) of all injury-related deaths in the United States.   

What Is Traumatic Brain Injury?

A Traumatic Brain Injury (“TBI”) results from trauma to the soft tissue of the brain.  It can occur after a fall, crash, accident, fight, blast, shaking, or any other impact to the head – even a mild one.  This trauma may then cause stretching or tearing of the axons, resulting in nerve impulses not transmitting properly.  Mild brain injuries may cause temporary dysfunction of brain cells.  More serious injuries, however, can result in bruising, torn tissues, bleeding, and other physical damage to the brain.  This can lead to long-term complications or death.  Strikingly, approximately 75% of traumatic brain injuries that occur each year are either concussions or other forms of mild brain injuries – namely, injuries that are under-diagnosed and undertreated.  As a result, brain injuries can be made significantly worse by failure to diagnose and treat them properly. 


According to leading medical sources, brain injury can occur as a result of any type of trauma, including:

  • Concussion
  • Skull fracture
  • Head trauma
  • Car accident
  • Fall
  • Shaken Baby Syndrome
  • Exposure to toxic substances
  • Assault or physical violence, such as shaking or fighting
  • Choking
  • Sports
  • Workplace accident 

Physical Symptoms

A typical brain injury checklist includes one or more of the physical symptoms listed below.  For instance, these symptoms may manifest as:

  • Headaches
  • Fatigue
  • Paralysis
  • Tremors and seizures
  • Sensitivity to light
  • Difficulty sleeping
  • Sleeping more than usual
  • Slurred speech
  • Unconsciousness
  • Problems with any of the senses (tasting, seeing, smelling, etc.)

Emotional Symptoms:

  • Irritability, anger, and impatience
  • Depression
  • Inability to cope with stress
  • Unexpected emotions or reactions
  • Increased aggressiveness

Cognitive symptoms of brain damage include:

  • Inability to process information
  • Difficulty expressing thoughts
  • Difficulty in understanding
  • Short attention span
  • Difficulty understanding abstract concepts
  • Impaired decision-making ability
  • Memory problems

What is a Closed Head Injury?

shutterstock_118720150A closed head injury is a form of a brain injury.  It happens where the brain has suffered some trauma or damage, but the skull itself is intact.  This type of an injury often occurs due to a blunt-force trauma.  It may be described as a “concussion,” “epidural hematoma” (buildup of blood between the brain and the skull), “increased intracranial pressure,” “subdural hematoma” (collection of blood on the surface of the brain), “intracerebral hemorrhage” (broken blood vessels in the brain), or “cerebral contusion” (bruise on the brain).  Regardless of the definition, this is a serious type of an injury that can be downplayed by doctors and insurance companies.  It is very important to seek a free legal consultation as soon as possible.  At our firm, we often see clients who were never told by their doctors or insurance companies of their correct diagnosis.  Sometimes, the very first time our clients understand the seriousness of their condition is because we provide them with referrals to the medical specialists and resources they need.  It is important to recognize that these injuries are very common and can bedownplayed by insurance companies.

Brain Injury in Children

Pediatric brain injuries are incredibly common.  According to Brain Injury Association of America (“BIA”), TBI is “the leading cause of disability and death in children.”  Contrary to common belief, the child’s brain is not more “elastic” than an adult’s brain.  In other words, children do not recover better from TBI merely because they are younger.  To the contrary, brain injury is more dangerous for a child and can have more serious, long-lasting effects.  Some of the symptoms, which are immediately noticeable in adults (i.e. cognitive deficit) can take years to be noticed in a child with brain damage.  Parents and caregivers must be very vigilant after their child suffers any type of a head trauma at home or at school, a concussion at a playground, or a sports injury, for example.  Very often, the child may seem to have fully recovered, with TBI not fully manifesting itself for years.  Watch out for some typical symptoms, including excessive crying, poor attention, and changes in sleep patterns.  If in doubt, seeks a specialist referral right away.  Additionally, always consult a lawyer right away if someone may have been responsible for your child’s injuries; if someone hit or shook your child, causing a brain injury; if the injury happened at school, playground, or practice; or if the injury occurred because of a dangerous condition at someone’s home, business, or public area.

Next Steps

Hiring an experienced brain-injury lawyer is one of the most critical decisions after you or your loved one suffer a brain injury.  This decision can make a significant difference in how your case is handled and how much you can recover.  These cases are very complex and should be handled experienced attorneys.  In addition, it is important to retain a lawyer who has experience with suing the insurers.  This is because insurance companies often do not want to pay for costly treatments and may try to downplay the seriousness of your injury.  Often, when there is a party responsible for your injury, the insurer will try to get you to settle quickly for less than your deserve and thus avoid having to pay for the significant medical expenses that you may face for the rest of your life.  Furthermore, experienced lawyers will not only help protect you against future losses, they can also assist you with resources, specialist referrals, and life-care planning.

Why Hire Us?

San Diego's Top Brain Injury LawyerAt Cross Prescott APC, we understand that a brain injury can have a devastating effect on your health and everyday life, and that medical care for brain injuries can be exceedingly costly.  We frequently represent brain-injury victims, and we seek to hold liable those individuals or companies who are responsible for your losses.  What further sets us apart from others is that we also have extensive experience litigating against insurance companies for their bad-faith denials of claims that should have been rightfully paid.

You pay nothing for our services unless and until we win.  Because statute-of-limitations periods limit when you can bring a lawsuit or otherwise assert your claims, if you believe that you have a claim, you should contact a traumatic brain injury attorney as soon as possible to discuss your potential case.  In fact, even if you think your injury is not that serious, you should seek a consultation as soon as possible because some injuries do not fully manifest themselves until much later.

Our top-notch legal training makes us especially skilled for handling TBI cases.  We understand the mechanisms of TBI injuries, we have a network of the best experts and consultants in the industry, and we possess extensive expertise in insurance coverage, which frequently comes in play in TBI cases.  Call us for a free consultation, and we will help you get through this difficult time.

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