- A Brain Injury Without a Blow to the Head
- Why a Normal CT Scan Does Not End the Claim
- Getting Evaluated After a Santa Monica Crash
- Brain Injuries in Motorcycle, Bicycle, and Pedestrian Crashes
- When a Family Member Cannot Manage the Case
- Talk to a Personal Injury Attorney in Santa Monica, CA About a Brain Injury
If you hit your head in a Santa Monica car crash, or felt dazed after a collision that never brought your head into contact with anything, you may have a brain injury that is easy to miss and hard to prove. Concussion symptoms can be subtle at first, and a normal scan in the emergency room does not rule one out. Our Santa Monica, CA personal injury lawyer can connect your symptoms to the crash and build the medical record insurers take seriously. Cohen Injury Law Group represents drivers, passengers, and riders who are living with the effects of traumatic brain injuries.
A Brain Injury Without a Blow to the Head
Many people assume a concussion requires striking the steering wheel or window. The CDC explains that a mild TBI or concussion can result from a bump, blow, or jolt to the head, or from a hit to the body that causes the head and brain to move quickly back and forth, according to its overview of mild TBI and concussion.
That jolting motion is common in stop-and-go traffic on Lincoln Boulevard and the Santa Monica Freeway, where rear-end collisions whip occupants forward and back. Side-impact crashes at city intersections and airbag deployment can produce the same forces. Our car accident lawyer in Santa Monica, CA looks at the crash mechanics, not just whether the head struck something, when evaluating these claims.
Why a Normal CT Scan Does Not End the Claim
Emergency rooms often order a CT scan after a crash to check for bleeding or swelling. A clear result is good news medically, but insurers sometimes treat it as proof that no brain injury occurred. The CDC notes that a brain scan is not needed to identify a mild TBI or concussion and is used mainly for patients at risk of bleeding in the brain.
Because routine imaging may look normal, documentation from other sources carries more weight. That includes symptoms recorded at the emergency room, follow-up visits with a neurologist, and neuropsychological testing that measures memory, attention, and processing speed. Gaps in that record give insurers room to argue that later problems came from something else.
Getting Evaluated After a Santa Monica Crash
Symptoms like headaches, sensitivity to light, trouble concentrating, and irritability can appear or worsen in the days after a crash, which is why delayed brain injury symptoms are so often dismissed. Getting checked the same day, even if you feel fine at the scene, is one of the most important steps after a car accident.
Serious head injuries on the Westside are often taken to Ronald Reagan UCLA Medical Center, the area’s Level I trauma center, while less severe cases may be seen at a local emergency department. Our guide to Santa Monica trauma centers and emergency rooms explains the options. Follow-up care with a neurologist or concussion clinic creates the ongoing record a brain injury claim needs.
Brain Injuries in Motorcycle, Bicycle, and Pedestrian Crashes
Riders and pedestrians face a higher risk of head trauma because nothing stands between them and the vehicle or pavement. A helmet reduces that risk but does not eliminate it, and riders in motorcycle crashes can suffer serious brain injuries even when properly protected. Head injuries often occur alongside other trauma, such as spinal cord injuries, which can complicate both treatment and the claim.
When a Family Member Cannot Manage the Case
A severe brain injury can leave someone unable to make decisions about their own legal claim. Under Code of Civil Procedure §372, a person who lacks legal capacity appears in a lawsuit through a guardian, a conservator, or a court-appointed guardian ad litem, and any settlement requires court approval.
Spouses also have their own claim. California recognizes a spouse’s claim for loss of consortium, covering the loss of companionship, support, and intimacy caused by the injury, under Rodriguez v. Bethlehem Steel Corp. (1974). Children cannot bring the same claim for an injured parent under Borer v. American Airlines (1977), but their observations of changes at home are often powerful evidence. Families can learn more about what brain injury victims can recover.
Talk to a Personal Injury Attorney in Santa Monica, CA About a Brain Injury
Attorney Wayne R. Cohen has practiced law since 1991, and his commentary has appeared on CNBC and in The Independent. Attorney Nicholas E. Cohen works with him to coordinate medical evaluations and family testimony in brain injury cases. Cohen Injury Law Group also represents brain injury clients in nearby Brentwood.
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