Tustin Brain Injury Lawyer
Living With a Brain Injury After an Accident?
A brain injury can change how you think, sleep, work and get along with the people you love, sometimes without a single visible mark. Some people are told at the emergency room that their scan is "normal," then spend months with headaches, memory problems, dizziness and trouble concentrating. Others face a long recovery after a severe injury, with surgery, rehabilitation and care at home.
I'm Gary A. Peterson. I've practiced law for more than 30 years, and for the last 20-plus I've represented injured people. Before that, I defended insurance companies, and I saw how often they discount brain injury claims, especially concussions, because the injury doesn't show up on an X-ray. When you hire my office, you work directly with me.
No Win, No Fee.
Contact Us Today.
How Accidents Cause Brain Injuries
A traumatic brain injury (TBI) happens when a blow or a violent jolt makes the brain move inside the skull. You don't have to hit your head; the whiplash motion of a rear-end collision can be enough. The cases I handle include brain injuries from:
- car accidents and truck accidents
- motorcycle, bicycle and pedestrian accidents
- slip, trip and fall accidents, especially for older adults
- falls and falling objects on construction sites
Signs of a Brain Injury to Watch For
Symptoms can appear hours or days after the accident. Common ones include:
- headaches that don't go away or get worse
- memory problems, confusion or trouble concentrating
- dizziness, balance problems or blurred vision
- sensitivity to light or noise
- trouble sleeping, or sleeping much more than usual
- irritability, anxiety, depression or personality changes
If you notice these after an accident, see a doctor and tell them about the accident. I've written about delayed concussion symptoms, headaches after a car accident and memory loss after a car accident.
Why Brain Injury Claims Are Hard, and How I Build Them
Insurers often argue that a "normal" CT scan means no real injury, that symptoms come from stress or a prior condition, or that you should have recovered by now. Standard scans often miss a concussion, so these cases depend on careful medical evidence:
- prompt treatment records that document symptoms from the start
- evaluation by a neurologist and, where appropriate, neuropsychological testing
- statements from family, friends and co-workers about how you've changed
- work records showing how the injury affects your job
- for serious injuries, a life care plan and an economist to measure future costs and lost earning capacity
I also look at how the injury happened. My mechanical engineering background helps when the forces in a crash or fall need to be explained to an adjuster or a jury.
What a Brain Injury Claim Can Cover
Compensation can include medical treatment and therapy now and in the future, lost wages and reduced earning capacity, in-home care, and pain, suffering, emotional distress and the loss of enjoyment of life. California doesn't cap these damages in an ordinary injury case. A permanent injury changes a claim's value significantly, as I explain in how compensation increases with permanent injuries. Over my career, I've recovered over $20 million for my clients in total.
How Fees Work: No Recovery, No Fee Guarantee
I handle brain injury cases on a contingency fee. You pay nothing upfront, I advance the costs of the case, including medical and economic evaluations, and they're repaid from your recovery. If there's no recovery, you owe no fee.
Brain Injury FAQs
Can I have a brain injury if I didn't hit my head?
Yes. A sudden jolt, like the whiplash motion in a rear-end crash, can make the brain move inside the skull and cause a concussion or other traumatic brain injury.
What if my CT scan was normal?
A normal CT scan doesn't rule out a concussion. Many mild traumatic brain injuries don't show up on standard scans and are diagnosed from symptoms, a neurological exam and testing.
Is a concussion a traumatic brain injury?
Yes. A concussion is a mild traumatic brain injury. "Mild" describes the initial injury, not necessarily the symptoms, which can last for months in some people.
How much is a brain injury case worth?
It depends on the severity and permanence of the injury, your medical costs, how it affects your work and daily life, and the insurance available. Serious brain injuries often require expert medical and economic evidence to value fully.
How long do I have to file a brain injury claim in California?
Generally two years from the date of the injury, or six months for a government claim if a public agency was involved. Symptoms can take time to appear, so don't wait to get advice.
Talk to a Tustin Brain Injury Lawyer
If you or a family member is dealing with a brain injury after an accident, call me at (714) 461-6003 or request a free consultation. I'll listen, review your medical situation and explain your options. You can also read more about my background or see the other types of injury cases I handle.
No Win, No Fee.
Contact Us Today.
No Win, No Fee.
Contact Us Today.