January is National Winter Sports Traumatic Brain Injury Awareness Month. At Ernst Law Group, we want to give you tips on how you can protect yourself against a traumatic brain injury (TBI) while participating in winter sports. If you’ve already suffered a TBI while involved in a winter sport, a San Luis Obispo brain injury attorney can determine if you’re entitled to seek compensation through a legal claim.
What are the most dangerous winter sports?
California attracts many adventure seekers in the winter, yet many winter sports are also hazardous. The following snowy activities are among the state’s most dangerous:
Downhill skiing
Snowboarding
Cross-country skiing
Ice skating
Sledding
Snow tubing
Snow biking
Ice climbing
Ice hockey
Snowmobiling
These sports all pose a significant risk of TBIs. According to the Centers for Disease Control and Prevention (CDC), there are approximately 586 TBI-related hospitalizations and 190 TBI-related fatalities each day. Brain injuries can occur when an external force suddenly impacts your brain and can result in damage to the way your brain functions, leading to devastating and long-term physical and financial difficulties.
What types of TBIs can you suffer in a winter sports accident?
Winter sports in California often include high-risk and high-speed maneuvers and slippery surfaces, which increase the likelihood of accidents. There are many types of TBIs you can suffer while participating in winter sports. The most common of these brain injuries include:
Concussions: Experiencing a direct blow to the head causes your brain to strike your skull
Contusions: Bruises or bleeding on your brain
Brain hemorrhages: Consist of bleeding on the surface of your brain
Intracranial hematomas: Collections of blood in or around your brain
Diffuse axonal injuries (DAI): Occur when your brain is twisted or shaken
Penetrating injuries: Occur when an object penetrates your skull and brain
What are the symptoms of a TBI?
You may not be aware that you’ve suffered a TBI during your winter activity. As such, you should seek immediate medical attention after a sporting accident involving contact with your head. In some cases, it may take days or even weeks for TBI symptoms to manifest, which often include the following:
How can you protect yourself from TBIs while participating in winter sports?
National Winter Sports Traumatic Brain Injury (TBI) Awareness Month is an ideal time to review some safety tips on how to protect yourself from TBIs while participating in winter sports. While you can’t prevent all accidents, you can lessen your risk of injury while having winter fun. Here are things you can do to protect your head and decrease your chances of causing a TBI:
Implement rules banning hits to the head in contact sports.
Take lessons prior to participating in winter sports.
Take breaks when you get tired.
Be aware of your surroundings.
Focus on your technique.
Check the weather conditions before beginning your activity.
Stay on designated trails.
Avoid participating in winter sports while under the influence of alcohol or drugs.
Know the signs of a TBI.
What are your rights if you’re injured in a winter sport?
If you’ve sustained a brain injury while participating in a winter sport, you may be entitled to seek monetary compensation for your injuries. Many California winter sports destinations require you to sign a waiver protecting the activity provider from liability in case of an accident. However, if your accident was caused by poor maintenance, inadequate oversight, or other factors out of your control, you can potentially hold the negligent party responsible for your damages.
In California, you can file a legal claim against a party if you can prove they’re at fault for the accident and your resulting brain injuries. To prevail in a personal injury case, you must establish the activity provider or another party was negligent. Series 400 of the California Civil Jury Instructions (CACI) explains what you must prove to establish a legal claim:
That the other party was negligent
That you were harmed
That the other party’s negligence was a significant factor in causing your injuries
Who can help after you’ve suffered a TBI in a winter sport?
If you’ve suffered a TBI while participating in a winter sport, a San Luis Obispo brain injury lawyer at Ernst Law Group can investigate your accident and potentially file a compensation claim. We can determine if negligence played a role in your injuries and, if so, hold the liable party responsible for your losses.
Contact us today at (805) 541-0300 for a free consultation to learn if you have legal recourse after your winter sporting accident.
Brain injuries are severe and tend to be life-changing. These injuries are medically complex and require extensive knowledge to recover just compensation. These lawsuits can be very impactful when looking at negligence, proximate cause, and the damages sustained.
If you or someone you care for has suffered a brain injury, seeking the correct type of assistance is critical. Speaking with our San Luis Obispo brain injury lawyers can make your recovery easier and even support those around you. At Ernst Law Group, we advocate for those affected by brain injuries and do what is necessary to make life move forward.
Holding someone accountable for causing traumatic brain injuries
The law recognizes that there are various ways you can sustain brain injuries. Because of this, the law also recognizes that victims have different avenues through recovering compensation for their losses. When seeking compensation for these losses, it’s essential to enlist the assistance of an experienced and compassionate lawyer.
Don Ernst and his team at Ernst Law Group advocate for those who have suffered severe brain injuries and offer the necessary resources for recovery. However, the following elements must be met before holding someone accountable for damages after negligence is determined.
Another party had a duty of care and was expected to act reasonably
There was a breach in this duty of care, and careless actions caused your injuries.
Due to this breach, injuries were caused directly by the individual’s recklessness.
You have sustained documented and calculated damages and losses.
Actual cause and proximate cause
Under causation, you must have enough proof to confidently determine that it was the other party in question who caused your brain injury. It’s not as simple as having evidence that led to your injuries; two parts must be present.
1. Actual cause
To prove this, you must show that another person’s negligence injured you. And, if the other party didn’t breach their duty of care, you’d sustain no injuries. This is the straightforward part, whereas the next part isn’t.
Proximate cause is tricky to determine, so a skilled lawyer must look at your case and predict what would theoretically happen once this breach was started. This is important because once the chain reaction of the party’s breach of duty of care comes to a natural end, they cannot be held further for any injuries sustained.
The common causes of traumatic brain injuries
Traumatic brain injuries, known as TBIs, include a range of brain injuries. Mild injuries like concussions or life-threatening brain damage fall under the category of TBIs. Some of the most common causes of TBIs include the following.
Car accidents – As one of the leading causes of TBIs, car accidents can bring on brain damage in many ways. Many victims can slam their heads directly on the body of a car or be shaken so violently that brain damage is caused.
Slip and fall accidents – If a person loses their balance and falls, their head will likely hit many points. The CDC revealed that falls are one of the leading causes of severe brain injuries.
Truck accidents – Because commercial trucks are larger than cars, more severe injuries are sustained from these accidents. In truck accidents, TBIs are often coupled with other serious injuries.
Bicycle accidents – Those who ride bikes on the streets of California are much more vulnerable to serious injuries. Bicyclists hit by other vehicles are likely to face serious injuries, including TBIs.
Motorcycle accidents – When a motorcycle gets hit directly by another large vehicle, the outcome is as expected. TBIs can occur from the driver hitting the ground or another vehicle at high speeds. Typically, more serious TBIs arise from motorcycle accidents.
Defective products – Products can encompass children’s toys, furniture, electronics, or clothing. For example, if your furniture breaks during use, you may fall incorrectly and hit your head. The same goes for clothing; if shoes are improperly made, you are more likely to slip and fall, potentially causing head injuries.
Don’t let your injuries affect your life any more than they have
For more than 39 years, Ernst Law Group has been leading the way for those with traumatic brain injuries. Our team fights hard for those actively trying to put their lives together after things turn upside down due to someone’s negligence. Do not be defeated after what you have been through; we are here to support you and the ones affected every step of the way.
If you wish to schedule a free consultation, call us today at (805) 541-0300. No matter your questions or the help you need, we will always protect the underdog.
You may have heard attorneys talk about traumatic brain injury liability, but what does this mean? Liability is a legal theory used in personal injury claims that your attorney uses to prove that another party (the defendant) is responsible for the accident, your injury, and your resulting financial losses.
Let’s explore different types of traumatic brain injury liability theories so you can better understand your case. The next step is to work with a skilled San Luis Obispo brain injury lawyer and secure the compensation you deserve.
What are the different types of liability?
General negligence liability
A general negligence claim is one of the most common personal injury claims. If you and your lawyer prove that the at-fault party acted negligently, they can be legally responsible for your damages and thus owe you compensation.
They owed you a duty of care (usually for your safety or to protect you from harm)
They breached the duty of care (abandoned their responsibility)
The breach of the duty of care was the direct cause of the accident and your injuries.
You sustained financial losses because of your injuries
This legal theory utilizes the “reasonable person standard.” This means the at-fault party can be considered negligent if their actions deviate from what a reasonable person would have said, done, or not done in the same situation.
Your lawyer must also draw the connection between the defendant’s action (or inaction), the incident, and your losses.
Comparative negligence liability
In comparative negligence situations, the plaintiff and defendant share responsibility for the accident and the plaintiff’s resulting injuries. Comparative negligence claims reduce the plaintiff’s award by the percentage they were to blame for the accident.
For example, you’re in a car wreck and suffer a moderate concussion. The jury determined that because you were eating a sandwich when the wreck happened, you were distracted and, therefore, 25% to blame for the accident. Instead of your award being $40,000, it’s reduced by 25%, or the amount of your blame. You’ll receive $30,000 instead.
Fortunately for California brain injury victims, the state is a pure comparative negligence state. This means that even if the plaintiff is 99% responsible for the accident that caused their injury, they can still petition for compensation.
However, this also means that the other party can file a lawsuit if you’re found to be partly liable for the incident. If you’re more than 50% liable for the accident, you could have a net loss when all the court cases are said and done.
Strict liability claims
Strict liability means a negligent party can be held responsible for the plaintiff’s injury and losses. In strict liability situations, your brain injury lawyer doesn’t need to prove that the defendant was negligent, nor that they intended to cause the plaintiff harm.
Under strict liability, your lawyer must only prove that the defendant’s conduct caused the injury, regardless of their intent.
Strict liability is commonly used in cases where someone sustains a brain injury due to a defective or contaminated consumer product (product liability). In these cases, the designer, manufacturer, and seller (wholesale and retail) of the defective product could be accountable for the plaintiff’s injury.
Some other cases where traumatic brain injury liability in children could be strict liability include abnormal or hazardous activities. It could also include cases involving a dog bite or wild animal mauling.
Vicarious liability claims
In most brain injury lawsuits, the party who directly caused the injury or acted negligently is liable for the plaintiff’s damages. However, in some cases, California law permits injured plaintiffs to file lawsuits against multiple parties under the state’s vicarious liability statutes.
This is common in cases where an employer is held responsible for an employee’s actions, such as a bartender over-serving a patron who then causes a drunk driving accident or in cases of medical malpractice.
Negligence per se claims
Personal injury claims usually burden the defendant with proof of liability. However, in negligence per se cases, the defendant is negligent because they violated specific safety laws and, therefore, caused the plaintiff’s injury.
This could occur if a defendant was speeding and caused the wreck and your brain injury, for example.
Finding help in a brain injury case.
If you have a California brain injury case, contact the brain injury lawyers at Ernst Law Group. We can help you establish traumatic brain injury liability in your case and demand the rightful compensation you deserve.
Contact us today at (805) 541-0300 for a free consultation with an experienced San Luis Obispo brain injury lawyer.
A traumatic brain injury (TBI) is damage to the brain tissue, usually occurring in a closed head injury. The brain collides with the skull’s interior at a high velocity, causing the tissue and blood vessels to tear. Tearing can cause damage, as can the associated swelling and bleeding.
Damage to specific brain areas, like the temporal or frontal lobes, usually affects the victim’s ability to concentrate, form short-term memories, and execute higher reasoning and logic.
Many individuals may find help through vocational rehabilitation. Brain injury victims may benefit from several different types of assistance, but in many cases, this can get expensive. If you need help pursuing compensation so you can afford vocational rehabilitation for traumatic brain injury, we can help.
Vocational rehabilitation following brain injury aims to help the victim return to work. Some people may be able to continue in their jobs or line of work before the accident, while others may need to learn new skills.
Each person’s program is determined by the location and extent of their injury, their current abilities, and a prognosis for what they could achieve. Therefore, although there are several types of vocational rehabilitation services, traumatic brain injury victims may not participate in all of them.
Employment services to help brain injury victims find a job
The type of job training services you receive depends on what you qualify for and your specific needs. Often, these services are overseen by a case counselor or may be administered through the California Department of Rehabilitation.
Some of the available services for helping a brain injury victim find a job, retain their current job, or advance on a different career path include:
Assistance finding careers that meet your interests and abilities
Behavioral, speech, occupational, or physical therapy to help improve your abilities
Psychological testing and a mental health assessment
Help to purchase durable medical devices, like a wheelchair or hearing aid, that can help you perform specific job duties.
Evaluation of specific jobs and recommendations for your employer as to the type of assistive technology you may need to complete the job duties
Help enrolling and completing a certification or degree program
On-the-job coaching and support to help you adjust and perform at your best
Your vocational counselor may work with you and your employer to develop the necessary modifications for your job. They can also develop a consistent method of feedback to help you learn and develop. Your vocational counselor helps your employer understand the limits of your abilities.
Services for job matching and placement
You could qualify for help finding a job that suits your changed abilities. Your vocational rehabilitation counselor can help you identify jobs you should be able to do and then work with you to develop a CV and cover letter or other application materials.
Other job placement services you could receive include:
Transportation to and from the interviews and your job, including securing a public transportation pass
Modification to your vehicle so you can drive
Referrals and recommendations to supplement your application
Connection with employers with an active policy of hiring persons with disabilities
Am I eligible for vocational rehabilitation after a brain injury?
Not all brain injury victims are eligible for vocational rehabilitation. Depending on how severe the injury is and what part of the brain is affected, the individual may never be able to engage in gainful employment again. In these cases, they may need lifelong assistance.
You have a diagnosed disability. A TBI typically qualifies someone as being disabled.
You want to work. Vocational rehabilitation services, especially those that require skills re-training, are typically only successful if the individual is motivated.
You’re having trouble with your current job or having difficulty keeping a job because of your brain injury.
Finding success after a brain injury.
Finding gainful employment can feel overwhelming while you’re healing from a traumatic brain injury. A San Luis Obispo brain injury lawyer, can seek compensation to help with your vocational retraining as you find a job better suited to your abilities.
Contact Ernst Law Group today at (805) 541-0300 to learn more during a free consultation.
It is being discovered that traumatic brain injury (TBI) affects more people than was ever realized. Advances in screening and diagnosis methods have shed light on the impacts of brain injury and how it can lead to trouble with focus at school and work, disrupt relationships, lead to instances of domestic violence, and produce behaviors of addiction that often lead to intervention by the criminal justice system. Getting help can be challenging.
Finding resources for brain injury financial assistance can bring relief to individuals suffering from various brain injuries, and the San Luis Obispo brain injury lawyers at Ernst Law Group want to shed light on helpful resources in California and beyond to help families and individuals affected by traumatic brain injury.
Understanding traumatic brain injury (TBI)
Traumatic brain injuries do not always result from external trauma, though many do. The most common type of TBI individuals suffer from is concussion, with most individuals healing from these injuries. However, repeated brain injury due to concussions can lead to further trauma and progressed brain injury.
Click here for free access to our brain injury resource center. You’ll find information on traumatic brain injury treatment, recovery, and more.
Below, we share links and information to sites that may offer financial aid for traumatic brain injury services for those seeking help.
Financial assistance for TBI victims in California
The Traumatic Brain Injury Program
The California Department of Rehabilitation administers the Traumatic Brain Injury (TBI) Program to assist state residents when other resources are unavailable. The program aims to return individuals to the most appropriate level of functioning possible.
In addition to the many services they provide, the TBI program establishes working relationships with the State General Fund to help individuals with traumatic brain injuries in California reintegrate into the community, obtain supported living services, and find work to secure financial assistance for themselves through employment, with additional services including:
Acute care
Modifications for home and vehicles
Assistive technology
In and outpatient rehabilitation
Transitional living
Some of the facilities participating in California’s TBI Program include:
Brain Injury Center Central Coast (BIC)
Central Coast Center for Independent Living (CCCIL)
Dignity Health, Mercy General Hospital, Sacramento
Disability Resource Agency for Independent Living (DRAIL)
FREED Center for Independent Living
Independent Living Center of Southern California (ILCSC)
Jodi House
Resources for Independence, Central Valley (RICV)
Rolling Start Inc. (RSI)
San Diego Brain Injury Foundation (SDBIF)
Southern California Resource Services for Independent Living(SCRS)
St. Jude Brain Injury Network
It is always beneficial to start at the governmental level to seek traumatic brain injury financial assistance from various programs that a state offers. These funds are designated specifically for individuals suffering from brain injuries in California and may be available for those who qualify.
Brain Injury Association of California
Various possibilities to receive financial aid for traumatic brain injury may be available for multiple groups of individuals through programs identified by the Brain Injury Association of California. In addition to training for caregivers, independent living assistance, and vocational rehabilitation for individuals who suffer from traumatic brain injury may benefit from brain injury financial assistance if they are a veteran or military servicemember.
CalABLE
CalABLE provides a way for families of individuals with TBI or individuals under the age of 26 to begin to save money without tax penalties and continue to maintain federal benefits. Even though money is required as an investment for savings, removing the tax burden on funds used to provide medical services can afford tremendous financial aid for traumatic brain injury victims.
Team Luke Hope for Minds
Though located in Austin, TX, Team Luke Hope for Minds has compiled a tremendous list of California Support Programs and Agencies offering assistance to California residents and families across the country whose child has suffered traumatic brain injury. Families can also apply for various services for brain injury financial assistance on their site.
Help Hope Live
Help Hope Live assists through community-based fundraising to help with the financial costs resulting from traumatic brain injury. Though their home office is not located in California, their services can benefit those in need who live in the Golden State. Ernst Law Group, brain injury lawyers in San Luis Obispo, have witnessed the life-changing impact of traumatic brain injury and strive to serve every client, no matter their location.
Individuals suffering brain injuries must often find alternative accommodations for transportation and in-home technology that facilitate an easier life. Ongoing medical care can produce overwhelming expenses. Help Hope Live works with communities across the country and in California to provide for the needs of their neighbors through a non-profit format, helping families cope with the surprising impact of traumatic brain injury on relationships.
Compassionate San Luis Obispo brain injury lawyers
Ernst Law Group not only strives to help individuals suffering from traumatic brain injury find the compensation they deserve but also to offer a supportive network to brain injury sufferers and their families. Through available financial assistance, a family can gain more independence after their income has significantly reduced as a result of a loved one’s brain injury. Call (805) 541-0300 to schedule a consultation, or reach us online today.
A traumatic brain injury can disrupt every area of a person’s life, impacting their ability to carry out daily activities. That’s the less-than-positive news, but there is hope. California has an abundance of resources aimed at supporting injured people and helping them return to some level of independence.
Whether you got hurt or someone you love experienced the injury, it is important to understand how TBI alters daily living to adapt. A San Luis Obispo brain injury attorney can guide TBI victims in recovering damages for their losses and developing the strength to overcome post-injury challenges. Keep reading to learn more.
TBI can affect every area of a person’s life
Cognitive changes
TBI frequently impairs short- and long-term memory, so retaining new information or recalling details often becomes difficult. As a result, TBI survivors tend to rely heavily on planners, notes, reminders, and memory aids to help compensate for diminished memorization abilities.
Concentration and focus are also commonly reduced after a head trauma, which can substantially lower productivity, attentiveness, and comprehension. Processing speed is also slowed, so extra time is needed to understand directions and new concepts or complete ordinary assignments.
Physical effects
Ongoing headaches are very common post-injury and disrupt concentration while preventing engagement in normal activities. Dizziness or vertigo leads to balance issues, which increases fall risk and limits mobility. Light and sound sensitivity frequently persists after TBI, requiring sunglasses, noise cancellation, and avoidance of overstimulation.
Excessive fatigue and sleep disturbances are another extremely common physical manifestation. TBI survivors must schedule numerous rest periods and maintain a consistent sleep routine to manage fatigue. Motor function impairment, including weakness, tremors, lack of coordination, or paralysis, also decreases dexterity and mobility for everyday tasks.
Emotional and behavioral impact
Head trauma often causes significant emotional and behavioral changes. TBI survivors often suffer from issues like depression, anxiety, aggression, impulsivity, and lack of impulse control.
Chemical changes in the brain lead to higher rates of depression that require medication and counseling treatment. Difficulty managing stress manifests into anxiety and calls for relaxation techniques. Aggression stems from TBI-related irritability that produces verbal or physical outbursts.
Impulsivity and lack of filter are common behavioral results of a brain injury as well. TBI survivors often display sudden inappropriate actions or comments due to reduced impulse control. Reinforcing self-control and social appropriateness helps temper these impulsive behaviors over time.
Click here to access our Brain Injury Resource Center.
Daily planner for traumatic brain injury
Adapting daily routines and implementing tools to address affected areas can help TBI survivors regain independence and purpose. Here are just a few ideas:
Memory aids provide vital support for recall and organization
Setting schedules helps establish stability
Communication aids like note boards facilitate expression
Delegating difficult tasks conserves mental energy
With time, perseverance, courage, and support, TBI survivors can adapt, set goals, and establish meaningful new routines. Though the road is difficult, life after traumatic brain injury can still be happy, purposeful, and fulfilling. An experienced attorney can provide dedicated support on the journey to recovery.
Life after traumatic brain injury
After the initial emergency treatment, TBI survivors must establish care with providers specializing in brain injury for long-term management. This includes neurologists, neuropsychiatrists, physical therapists, occupational therapists, speech therapists, and psychologists.
Ongoing therapies and medications can help manage symptoms like headaches, vertigo, mood disorders, cognitive deficits, and physical limitations on an ongoing basis. Regular check-ups monitor progress and allow adjustment of treatment plans as needed. Pursuing integrated medical care and therapy long-term is key for adaptation and recovery.
You are not alone. Thousands of Californians have experienced a similar situation, and there is hope to move forward. Click here to access our brain injury resource center where you’ll find information on treatment, recovery, and more.
Work with a compassionate brain injury attorney
With resilience, support, and hope, adapting these key areas impacted by TBI allows survivors to regain functioning, independence, and purpose in their daily lives. The compassionate attorneys with Ernst Law Group have helped numerous TBI victims get their lives back on track after tragic accidents.
We fight tirelessly for you to obtain compensation for losses so you can afford the care and support needed to rebuild your life. You do not need to face this alone. Contact our office today for a free, no-obligation consultation to discuss your situation in a judgment-free zone. You deserve to know what your rights are and what options you have.
Californians are resilient under pressure and adapt to overcome obstacles that sometimes seem insurmountable. But slowly, life begins again, and the ability to succeed at new challenges is reclaimed.
Ernst Law Group has seen the devastation a traumatic injury leading to amputation can bring, and we are dedicated to fighting for the resources injured individuals need to thrive in a life that has been changed forever. We believe in accountability and are committed to bringing transformation that prevents tragedy from striking. Being severely injured requires the guidance of a San Luis Obispo catastrophic injury attorney to ensure your medical, physical, mental, and emotional needs are met.
Keep reading for resources that can help you find healing in support groups and communities in your area.
The vital role of limb loss and amputee support
The best way through any devastating event is to find a community of understanding people to share struggles, challenges, and triumphs.
Most individuals with limb loss joined support groups to learn new living skills that increased functionality, network with healthcare professionals, and connect with an amputee community.
The main reason an individual had not previously participated in a support group was because they were unaware of the available services in their community.
40% of study participants felt that technology provided a tremendous avenue for connecting with others but would prefer to use the platforms as an avatar.
One of the biggest challenges to attending a live support group, other than being unaware of a group’s existence, was accessibility. The COVID-19 pandemic has also limited some in-person meetings but has set the stage for individuals to connect with meaningful groups worldwide. Our goal is to provide a list of resources that help individuals living with amputation find their community.
Amputee support groups and resources
The following sites provide insightful information to online peer groups, informative articles, and to seek out peer visitation in the community.
The Amputee Connection of Redlands
Located in Redlands, this organization provides an in-depth listing of amputee resources and serves the state of California.
Governmental agency contacts, prosthetic device manufacturers, athletic challenges and festivals, and support groups are listed to provide Californians options for care, support, and activities to meet other individuals with limb loss. If you are an active person suffering limb loss, find connections at the San Diego Triathlon Challenge.
Operation Surf
Providing peer-to-peer support for injured military and veterans, Operation Surf aims for connection and healing in nature. Curriculum-based programs address post-traumatic stress disorder while allowing individuals suffering from limb loss to find strength, hope, and connection. Some programs are offered for veterans and their spouses.
Hanger Clinic
Hanger Clinic in Fresno provides amputee resources in California for limb loss support. Individuals can request peer visits on their site, join virtual spaces, and view their social media channel to hear stories and gain insight into functionality tools in everyday life. They sponsor boot camps and gatherings for athletes to interact and learn from people with similar abilities in a supportive setting.
Amputee Coalition
A national resource organization dedicated to improving the lives of individuals who suffer limb loss, Amputee Coalition provides online webinars, connects individuals with support groups, and provides a vast directory of amputee resources. Connect with the amputee support groups in California, sign up for their newsletter or THRIVE blog, or subscribe to the inMotion magazine.
A list of amputee support groups in California is also provided here.
Rehabilitative programs
Considering the need for continued medical care after limb loss may be overwhelming. Receiving quality care can be costly, and Ernst Law Group has proven case results demonstrating our willingness to fight for our clients. Each person deserves quality care and compensation to ensure that care can continue as needed. While providing physical rehabilitative services, these organizations connect limb loss sufferers with amputee support groups to provide for emotional well-being.
Ballard Rehabilitation Hospital
Besides teaching rehabilitative skills, social work and case management employees connect limb loss patients with local amputee support groups and amputee resources in California. Emotional, physical, social, and everyday challenges are addressed.
California Rehabilitation Institute
Individualized care plans address limb care and offer therapy for mobility, pain management, peer monitoring, and support groups. The goal is to focus on helping individuals reenter home life, work, and the community by successfully moving forward in life.
Sutter Rehabilitation Institute
This rehabilitative institute is an Accredited Amputation Specialty Program in Northern California. Services prepare the way for individuals to enter back into their homes successfully while connecting them with community amputee resources.
U.S. Department of Veterans Affairs/Rehabilitation and Prosthetic Services
Veterans make many sacrifices and deserve quality care. The Department of Veterans Affairs provides an amputation specialty clinic team to provide healthcare for veterans and amputee resources in California and connect military veterans with an amputee community nearby.
San Luis Obispo catastrophic injury attorneys caring for community
Ernst Law Group strives to care for the community we serve. If you have suffered limb loss and are unsure where to get help, schedule a free consultation online or call (805) 541-0300. Time limits apply to file a claim, and recovery often depends on an individual’s compensation to provide quality care.
Brain injuries have both direct and indirect victims: the person harmed, as well as their family and loved ones. It’s not uncommon for even a mild brain injury to result in personality changes and changes in the victim’s cognitive and physical abilities.
Many families don’t anticipate the enormous impact of a brain injury on relationships and family dynamics. It’s said that the changes and healing after a brain injury deteriorate a troubled relationship and strengthens a strong one.
Expect roles and responsibilities to change
Expect your established familial roles to change. These changes may be temporary if the injury is mild to moderate, with a good prognosis. Victims of a serious brain injury may be unable to live independently or care for themselves.
Resilience and understanding can go a long way toward providing a stable home environment for the brain injury victim to heal. Showing empathy to your loved one as they work through rehabilitation or therapy can reassure them that they are still loved and valued.
Everyone in the family is under psychological and emotional strain
This sudden change stresses a family dynamic; the shift in everyone’s role and dealing with a loved one’s health or personality change means everyone in the home is on edge. It’s common for families to feel resentment for the change in their loved one and guilt for resenting them.
Children may have to take on more responsibility or be more independent, which can be confusing for them. Or, a marriage partnership of equals changes into more of a parent-child role or caregiver and patient.
Sometimes, the brain injury victim’s personality changes may be such a shift that the healthy spouse questions if they want to continue in a relationship with the “new” person.
Communication breakdown challenges
Depending on which part of the brain is injured and how extensive the damage is, a brain injury victim may need occupational and speech therapies to regain their ability to speak, write, and otherwise communicate.
Frustration with slow progress in rehabilitation, or a permanently damaged ability to speak or communicate may cause the brain injury victim to lash out – and the family members close by are often the target.
Severe brain injuries can render the victim permanently unable to communicate or can trigger the onset of dementia. Cognitive decline carries its own communication problems, and unfortunately, it’s an irreversible condition.
Learning how to communicate with your loved one is a challenge. Even if they’re fully able to speak and write, a personality change can affect the way they communicate, like being more sarcastic or abrupt.
Practical and financial considerations about your loved one’s care
In the best-case scenario, your loved one is able to make a full, or mostly full, recovery from their brain injury and is eligible for short-term disability payments to help your family pay your bills as they recover.
Moderate to severe brain injuries, as we noted, can leave victims unable to live independently. In these cases, families have several choices for their loved one’s care:
One family member takes on a caregiver role
The family hires a home health nurse or personal care attendant
The brain injury patient attends adult daycare during the day and is cared for by family at night
The brain injury patient needs specialized care the family is unable to give and is placed in a long-term care community
These are tough choices for many families, and each one carries a financial drawback. If the victim was the sole or primary provider, then the family’s budget is considerably less than before the accident.
Home health care aide/personal care attendant: $6,101
Adult day health care: $1,842
Nursing home (semi-private room): $9,794
The stress of losing a significant amount of family income, coupled with adding costly monthly care, hits many families hard.
Maintain a strong support network
Stress, resentment, and guilt are common for families of brain injury victims, but many may find help and support through therapy, both family and individual. Many California communities have support groups for families of brain injury victims. Participating in these services can provide families with an understanding support network.
How an experienced attorney can help
A fair traumatic brain injury settlement can make a lot of the challenges your family faces easier. A skilled California traumatic brain injury lawyer, like those at Ernst Law Group, properly values your case and fights to get a settlement to cover lifelong medical treatment, housing in a memory care facility, and ongoing support for a family whose income has been significantly reduced.
We can help with the impact of a brain injury on relationships and family dynamics. Contact our firm today at (805) 541-0300 for a free case review.
A moderate to severe brain injury often causes permanent brain damage or the onset of dementia. Many brain injury victims require the specialized, 24-7 care provided in anursing or memory care home. Unfortunately, many of these people are unable to advocate for themselves, and so are susceptible to those who would prey on the most vulnerable members of society.
TheBrain Injury Association of America (BIAA) partners with community advocates across the country to raise awareness of brain injury nursing home patients’ rights and the signs of abuse or neglect that families should look for when visiting their loved ones.
Common brain injuries of nursing home residents
Memory care facilities are long-term care homes focused exclusively on meeting the needs of people with cognitive decline. Many brain injury patients live in one of these communities or nursing homes.
Common brain injuries that may require this level of care include:
Cognitive decline associated with another condition, like Parkinson’s Disease
The impact of brain injuries on residents’ physical, cognitive, and emotional well-being
The personality changes and permanently changed abilities that come along with a moderate to severe brain injury often cause frustration for the brain injury victim. Many people may regress in physical capabilities, too, in addition to their cognitive decline.
Memory care programs focus on enhancing the quality of life for residents and slowing cognitive decline, such as:
On-site physical, speech, and occupational therapies
Pet therapy
Aromatherapy
Art and music programs
One of the most common symptoms of cognitive decline is a lack of impulse control and irritability. Caregivers and nursing home staff should be trained to soothe these behaviors while preserving their patients’ health and dignity. Brain injury nursing home abuse often occurs in response to a patient’s outburst. Reviewing the certifications and training of your loved one’s caregivers can help prevent a situation where an abusive caregiver lashes out.
Legal rights of brain injury victims in nursing homes
People with a brain injury are protected under theAmericans With Disabilities Act (ADA), which guarantees equal access to federal and state programs, medical care, and reasonable accommodations that allow someone to visit a public place or place of business.
In addition, brain injury victims may also receive protections under the Fair Housing Act (FHA), which permits reasonable modifications to accommodate their disability and prevents housing discrimination.
More specific rights for brain injury victims are addressed under the 1996Traumatic Brain Injury Act (TBI Act). The Act includes grant programs administered by theAdministration for Community Living (ACL), which provide funding for brain injury patient care and to provide broader access to services intended to treat TBIs.
So what does this mean for your loved one with a brain injury? First, the TBI Act has provisions to help them receive valuable rehabilitation and quality-of-life services. Second, the TBI Act provides resources for you to learn how to advocate for a loved one in a nursing home, including learning signs of abuse or neglect and how to report it.
Taking action: advocating for brain injury victims
Advocacy for brain injury victims can start at the local level, by petitioning city and state officials to support more programs for disability services to treat brain injuries. Understanding the protections of the ADA and how it benefits brain injury victims can help your family become more knowledgeable advocates for your loved one.
Each state has a long-term care ombudsman office tasked with advocating for the rights and needs of people in long-term care facilities like nursing homes and memory facilities. If you suspect brain injury nursing home abuse, you can report it to theCalifornia Long-Term Care Ombudsman Office. Investigators look into complaints and will take action against abuse.
Resources and support for brain injury victims and their families
Feeling grief and loss after your loved one suffered a serious brain injury is common. Many families find solace in support groups. Your loved one’s brain injury treatment team may be able to refer you to an in-person group close by.
The TBI Bridge offersvirtual support groups at different times. Families can also find resources, support networks, and more information about brain injury advocacy on theSt. Jude Brain Injury Network’s website. The program also offersonline videos and articles about brain injury research, treatment, and developments that may be available to your loved one.
We can help. The legal team at Ernst Law Group can investigate a possible case of nursing home abuse in California and give you legal recourse to seek justice on behalf of your loved one. Contact us today at (805) 541-0300 for a free consultation.
We’re happy to serve injured parties in the following areas:
After an accident that causes a brain injury, the victim and their family may file a suit for damages against the at-fault party. Brain injury lawsuits may be settled out of court in structured mediation. If both parties cannot reach a fair agreement, then the case moves to trial.
What is a brain injury?
Simply put, a brain injury is damage to the brain tissue. They occur in a few different ways:
Traumatic Brain Injury (TBI) from a traumatic impact on the head. The brain hits the skull’s interior, causing swelling, bleeding, and sometimes torn tissue.
Hypoxic or anoxic brain injury, in which the brain is deprived of oxygen. The longer the brain is oxygen-deprived, the more tissue damage occurs.
Internal causes, such as a blood clot or tumor.
Each type of injury can have an outside cause, including a tumor or blood clot. So, plaintiffs in a brain injury suit could have any one of these injuries.
Settling a brain injury lawsuit vs. going to trial
Sometimes, the defendant is so obviously to blame for the accident that caused your brain injury that their insurance company offers a settlement up front, potentially limiting the defendant’s exposure to your case. Even if this happens to your family, it’s better to consult with an experienced California traumatic brain injury lawyer before signing a brain injury settlement offer – once you accept a settlement, you give up your right to file a lawsuit.
This isn’t the only time that your brain injury case can settle. The plaintiff and defendant can settle the case anytime between when your brain injury attorney filed the lawsuit for damages and when the trial starts.
However, if the defendant challenges the estimated cost of future medical treatment or the settlement offer in general, the case goes to trial. If you win your case, you receive an award according to the jury’s decision.
Factors that impact your brain injury settlement
The purpose of a brain injury lawsuit is to return the victim to the financial state they were in before the accident and injury occurred. It includes paying for all medical treatment and related costs, from home modifications to accommodate someone with changed abilities, to lifelong care in a memory treatment home.
Several factors affect the amount of your brain injury settlement:
How severe the injury is
What your maximum medical improvement (MMI) will be – if you aren’t expected to make a full recovery, your case is worth more
Whether you will be able to work again
Whether you are permanently disabled
If you need to move into a memory care home
Essentially, the more your cost of treatment and aftercare, the higher the settlement should be.
A final factor in your settlement amount is whether a judge assesses punitive damages against the defendant. Punitive damages are a financial judgment on the defendant meant to punish the defendant for their negligent or wrongful conduct, but are rare in a negotiated settlement.
Suppose a trial judge deems the defendant’s actions excessively reckless or negligent. In that case, they award the plaintiff punitive damages as a deterrent to other parties who may be tempted to cut the same corners the defendant did.
Advantages and disadvantages of settling out of court
Trial is unpredictable. That’s usually one of the biggest advantages of a mediated settlement. In mediation, you are in control of the terms of the settlement. If a case goes to trial, you have to live with the jury’s decision – and they could vote for the defendant.
Other advantages of a settlement include:
Less expensive than a trial, so your legal fees are less
Time – a trial can take months to prepare
Privacy, as the terms of the settlement and your identity are usually sealed
Some advantages of a trial you may wish to consider are:
There’s a good chance you’ll be awarded punitive damages if you win your case
You receive a better sense of closure
It’s your decision whether to settle or go to trial. As your brain injury lawyers, we provide legal guidance and information so you can evaluate your options.
Don’t accept a brain injury settlement without seeking legal advice
Ernst Law Group is a team of skilled California brain injury lawyers who understand the complexities of treating these injuries – and how much it costs. We work with you to negotiate the maximum settlement for your injury to ensure you have access to the high-quality rehabilitation services you need for recovery. Contact us today at (805) 541-0300 for a free case review.