San Diego Brain Injury Attorney

At Estey & Bomberger, LLP our brain injury lawyers in San Diego are proud to represent the victims of TBIs and their families. Attorney Mike Bomberger is on the Professional Advisory Council of the San Diego Brain Injury Foundation and earned a “Top 25” slot from Brain Injury Trial Lawyers in California, an award from the National Trial Lawyers’ Brain Injury Trial Lawyers Association.

Given that someone in the country suffers a brain injury every 23 seconds, ultimately affecting over two million individuals a year, Mike’s ranking in the top 25 in California is an accomplishment of which Estey & Bomberger is very proud. What this means to you, is that when you hire Estey & Bomberger, you are in good hands. If you or a loved one have suffered from a brain injury as the result of negligence or malpractice, you may be entitled to financial compensation. For more information, please contact our San Diego head injury attorneys today. We offer a no fee guarantee, which means you don’t pay us until we win or settle your case.

Notable Results for Brain Injury Survivors

Doe v. Roe Hospital 

• $20 MILLION SETTLEMENT for brain injury of a newborn; largest medical malpractice settlement in state history.

John Doe v. Roe School District

• $14 MILLION SETTLEMENT for traumatic brain injury and stroke.

Zitz-Evancich v. City of Los Angeles, CA

• $5 MILLION SETTLEMENT for brain injury in a vehicle accident.

Rodriguez v. Ehlers 

• $3.5 MILLION SETTLEMENT for traumatic brain injury due to a pedestrian versus automobile collision in a parking lot.

Benavidez v. Franklin

• $3.2 MILLION SETTLEMENT for brain injury as a result of automobile versus motorcycle collision.

Wilson v. Alford

• $2.3 MILLION SETTLEMENT for brain injury arising from a high-speed rear-end car accident on I-8.

Doe v. Confidential

• $2 MILLION SETTLEMENT for traumatic brain injury resulting from a trip and fall.

Plaintiff O v. Spring Valley Swap Meet

• $1.5 MILLION SETTLEMENT for traumatic brain injury and other damages due to business’ negligent operation.

Smith v. Rowe Construction Company

• $1.1 MILLION SETTLEMENT for traumatic brain injury as a result of dangerous road conditions.

Norwood v. McGinnes

• $1 MILLION SETTLEMENT for traumatic brain injury due to an automobile versus pedestrian collision.

Testimonials from our Brain Injury clients

Click the thumbnail below to watch a video testimonial from our recent client Kathleen Wilson about her brain injury accident case:

• Rachelle Smith
• Doe – 20 million settlement

News Stories about our Brain Injury cases

• $3.5 Million Settlement in Rodriguez v Ehlers. Mr. Rodriguez suffered a traumatic brain injury resulting from an automobile versus pedestrian collision in a wholesale store parking lot.
• $20 Million Settlement in Doe v Roe Hospital was and still is, the largest-ever medical malpractice settlement in California.

What are Brain Injuries?

Each day in the United States, 138 people die as the result of, or from complications following, a traumatic or acquired brain injury. These injuries represent an incredible 30% of all deaths by injury. As surprising as these numbers may be, the truth is that TBIs are a serious medical issue in this country.  If you or a loved one is a victim of a TBI an experienced San Diego brain injury attorney will make sure you receive the proper legal representation.

Brain injuries are defined as any injury sustained from a bump, blow, or jolt of the head, or a penetrating injury to the head which damages brain tissue. These types of injuries fall on a spectrum from mild to severe.

Mild to Moderate: A patient is considered to have a mild to moderate brain injury if he or she experiences a temporary loss of consciousness, memory, or other normal brain functioning. Mild injuries to the brain may leave the victim without long-term side effects, while moderate brain injuries can cause permanent complications. Most concussions, though not all, fall under this category.

Moderate to Severe: A patient is diagnosed with a moderate to severe brain injury if he or she suffers from prolonged loss of consciousness, memory, or other brain function. Changes in thinking or behavior resulting from a moderate to severe injury can last significantly longer; some can be permanent.  Due to the possibility of long-term complications, it’s essential to hire a well-versed brain injury attorney in the event of a moderate or severe TBI.

Recognizing the Signs of a Traumatic Brain Injury

Identifying a traumatic brain injury isn’t always straightforward. While some signs appear immediately after an accident, others may not surface until days or even weeks later. The symptoms you experience depend largely on the severity of your injury.

If you have suffered a mild traumatic brain injury, you may experience:

• Headaches that persist or worsen over time
• Nausea or vomiting 
• Fatigue or unusual drowsiness 
• Difficulty speaking clearly 
• Dizziness or balance problems 
• Blurred vision 
• Ringing in your ears
• Changes in taste or smell 
• Sensitivity to light or sound 
• Memory problems 
• Difficulty concentrating on tasks
• Confusion or disorientation 
• Mood changes 
• Sleep disturbances

Even though these injuries are classified as “mild,” that doesn’t mean they should be taken lightly. A mild TBI can still cause serious complications and long-term effects that impact your daily life, work performance, and overall well-being.

More serious brain injuries produce intensified symptoms that require immediate emergency care. These include: 

• Loss of consciousness lasting several minutes to hours
• Persistent or worsening headaches 
• Repeated vomiting or nausea 
• Seizures or convulsions 
• Pupils of unequal size or unusual dilation
• Clear fluid draining from your nose or ears
• Inability to wake up or extreme difficulty staying awake
• Numbness or weakness in your fingers, toes, or limbs
• Loss of coordination 
• Profound confusion 
• Agitation or combative behavior 
• Slurred speech 

Guide to Different Types of Brain Injuries

A brain injury can leave a victim unable to speak, move, or think normally. Whereas some injuries heal with time, many brain injuries permanently rob people of their quality of life. If someone else’s negligent actions cause a serious brain injury, legal action with the help of a skilled San Diego brain injury lawyer may provide the only form of justice and the potential for fair compensation. A claim cannot undo the damage someone experiences, but it can help the injured person receive appropriate care and support in the aftermath of a serious accident.

Types of Brain Injuries

Brain injuries cause a wide range of symptoms. Two people can experience the same type of trauma in the same location and experience totally different outcomes. The complex nature of these injuries often leaves people struggling to find answers, personalized treatment options, and the financial means to obtain medical support. Some of the most common types of brain injuries we see in our practice include:

• Concussions. Concussion injuries happen when a force jolts the brain against the inside of the skull. Someone can experience a concussion during whiplash movements in a car accident, during striking incidents, and as the result of falls. Concussions are also common sports injuries. A mild concussion may heal on its own over time, while a more serious concussion can cause loss of consciousness, damage nerves, cause bleeding or swelling, and other types of damage. Someone may experience permanent damage in one severe blow or over time. Contact sports players who receive minor concussions on a recurring basis can develop CTE (chronic traumatic encephalopathy). The degenerative condition can cause changes in mood, personality, and cognitive functioning. Anyone who suffers a blow to the head should seek medical assistance and watch for signs of a more serious brain injury. Sudden changes in mood, personality, motor functioning, consciousness, vision, and hearing may all indicate the presence of a more serious brain injury.
• Diffuse axonal. In this type of injury, the skull moves faster than the brain and causes nerve and tissue tears. The injury can arise from fast shaking or turning movements and cause a wide variety of symptoms, much like a concussion. Depending on the structures and nerves damaged, a diffuse axonal injury could affect motor functioning, cognitive ability, speech, vision, mood, and other functions.
• Penetration injuries. Any time an object breaks the surface of the skin and skull, it causes a penetration injury. Impalement injuries can affect any area of the brain and cause a range of symptoms. Some structures in the brain may heal over time, while others may permanently lose the ability to perform normally.
• Anoxia and hypoxia. Damage to the respiratory system, drowning, overdosing, infections, and suffocation injuries can lead to the total loss (anoxia) or partial loss (hypoxia) of oxygen to the brain. If someone goes too long without oxygen, the brain begins to die. These conditions may result in severe and permanent injury or death.

Hemorrhaging (uncontrolled bleeding) and edema (swelling) in the brain may arise with any primary brain injury and worsen the patient’s health outcome. These complications may create pressure inside the skull and additional damage.

Severity of Brain Injuries

The long-term prognosis of an injury depends on the severity of the injury, medical care, and physiology. Some people can recover from a severe concussion and live out the rest of their lives without problems, while others may experience long-term challenges.

Any loss of consciousness, vomiting, dizziness, or unusual behavior may signal the presence of a brain injury. If you suspect this event, seek medical advice immediately. A physician may use a physical exam, questioning, and brain scans to determine the type and severity of the injury. Keep all records of traumatic accidents and medical treatment to protect your right to pursue a legal claim.

Common Causes of Brain Injuries

Motor Vehicle Accidents: Motor vehicle accidents cause more brain injuries than any other trauma and are most common for patients aged 15 to 44. While whiplash is usually associated with spinal injuries, serious cases often cause bruising of the brain.

Falls: Most common for age groups 0-14 and over 45, falls are the second most common cause of injuries to the brain. Slip and Falls can occur as a result of literally anything. They are often accidental and self-inflicted, while other times they can be caused by the negligence of others.

Blunt Force: Including both accidental and purposeful, blunt force is the third most common cause. Any time an individual is hit on the head, blunt force trauma and subsequent brain injuries can be sustained.

Other Causality: Over 50% of brain injuries involve alcohol. Additionally, individuals with a previous brain injury are three times more likely to sustain a second than someone who has never suffered one. Individuals who sustain two of these types of injuries are eight times more likely to sustain a third. An individual in the military is also three times as likely to sustain a brain injury as a civilian.

Your Legal Options After a Brain Injury in San Diego

When someone else’s negligence causes your brain injury, you have the right to seek justice. California law provides several avenues for seeking justice and compensation, depending on the cause of your trauma.

You may be able to pursue:

• A personal injury lawsuit against the individual or entity responsible for your accident. This includes drivers in car accidents, property owners in slip-and-fall cases, or employers in workplace incidents.
• A product liability claim if a defective product—such as faulty safety equipment, a dangerous pharmaceutical, or a malfunctioning vehicle component—contributed to your brain injury.
• A medical malpractice claim when your injury results from surgical mistakes, misdiagnosis, or inadequate treatment that falls below accepted medical standards.
• A workers’ compensation claim if your brain injury occurred on the job. You may also have a third-party claim if someone other than your employer caused the accident.

Implications of Brain Injuries                         

Brain injury survivors usually require vocational rehabilitation or physical therapy, and possibly neurotherapy as well. The side effects vary in severity depending on the extent of the damage. Some side effects last a few days – others a lifetime. Effects include impaired memory, changes in thinking or movement, loss of sensation, and emotional effects on families and loved ones. In America, 5.3 million people currently need some type of assistance following a brain injury.

Some patients are not so lucky. 2,000 or more brain injury victims end up in a permanent vegetative state each year, and another 50,000 do not survive the brain injury. A brain injury-related death happens every five minutes in the United States. Over 50% of hospitalized brain injured sufferers die within two days of the accident.

The Hidden Costs of Brain Injury Recovery

The financial impact of a traumatic brain injury extends far beyond your initial hospital bills. Many survivors face growing expenses that continue for years after their accident:

• Medical expenses often include emergency room treatment, hospitalization, surgery, prescription medications, and diagnostic imaging. You’ll likely need ongoing care from neurologists, neuropsychologists, and rehabilitation specialists. Physical therapy, occupational therapy, and speech therapy sessions add up quickly, especially when you need them multiple times per week.
• Home modifications may become necessary if your injury affects mobility or daily functioning. Wheelchair ramps, bathroom safety equipment, and specialized furniture help you maintain independence but come with significant price tags.
• Lost income is another major financial burden. Time away from work during recovery means missed paychecks. If your injury prevents you from returning to your previous job, you may face reduced earning capacity for the rest of your working life.
• Long-term care, such as assistance with daily activities, medication management, or 24-hour supervision, may also be required. Whether you need in-home care or placement in a specialized facility, these services can strain your finances.

Filing a personal injury claim can help you recover these expenses from the party responsible for your injury. A successful claim can provide you with the care and support you need without depleting your savings or taking on overwhelming debt.

Call or Contact Us Today

If you would like to find out if you have a case, please contact our personal injury firm right away and we will be happy to provide you with a free consultation.

Recent Client Testimonial:

“I was training for my third Ironman. My friend Jim and I were riding from Carlsbad down to La Jolla, which was under construction, and my front wheel lodged into a divot and it stopped me, and, because I was going about 20 mph, I launched over my handlebars and hit the K-rail. My injuries were: mild brain injury, fractured temple, broke my cheekbone in two places and really messed up my right shoulder. Mike Bomberger was there for me from Day 1. The construction company was held accountable, which was my number one concern. I mean, settling and getting a payout was awesome, I’m grateful for that, very grateful. I definitely recommend Estey & Bomberger. The team at Estey & Bomberger have taken excellent care of me and my family. Having an expert walk me through the process of recovering from a life-changing accident is irreplaceable. I’m very grateful.” – Rachelle Smith, Brain Injury Case Client