Traumatic Brain Injury (TBI) cases require specialized legal handling due to their complexity and the profound impact they have on victims’ lives.
As experienced TBI lawyers in San Francisco, Wilshire Law Firm is deeply familiar with these cases. Our approach is tailored to address the unique challenges and needs of TBI victims, ensuring they receive the comprehensive legal support they deserve.
Table of contents
- Why Choose Our San Francisco TBI Lawyers?
- TBI Compensation: Understanding Your Rights and Potential Recovery
- Deadline to File a San Francisco TBI Lawsuit
- Where Can TBI Accidents Happen in San Francisco?
- Our Focus on San Francisco TBI Accidents
- Fighting the Insurance Company After a San Francisco TBI
- What to Do After a TBI Injury in San Francisco
- Our San Francisco Location
Why Choose Our San Francisco TBI Lawyers?
If you have been injured in an accident in San Francisco and suffered a TBI, selecting the right legal representation is one of the most important decisions you’ll make in your life.
At Wilshire Law Firm, our San Francisco personal injury attorneys have dedicated approach to TBI cases in San Francisco sets us apart, making us a preferred choice for many who have suffered such life-changing injuries. Here are the key reasons why you should consider us for your TBI case.
Experience in TBI Cases
Our team of 500+ legal professionals has in-depth knowledge and experience, specifically in handling TBI cases. We understand the medical complexities and long-term effects of these injuries, which is helpful in building a strong case.
Tailored Legal Strategy
We use a tailored strategy for each TBI case, considering every aspect of the injury’s impact on your life. From gathering detailed medical evidence to consulting with neurological experts, we leave no stone unturned.
Commitment to Client Well-being
At the heart of our practice is a commitment to the well-being of our clients. As seen in our client testimonials, we understand the physical, emotional, and financial toll a TBI can take and provide compassionate, comprehensive support throughout the legal process.
Proven Track Record of Success
At Wilshire Law Firm, we take pride in our proven history of achieving significant settlements and verdicts for our clients. Our firm’s commitment and experience are reflected in the substantial compensations we have secured, highlighting our dedication to justice and client satisfaction.
Our team has successfully negotiated and won over $1 billion in total for our clients, providing them with the necessary financial support for medical care, rehabilitation, and other damages.
We have achieved landmark verdicts in court, including a $38.5 million settlement for a rear-end collision accident against a big insurance company that was refusing to compensate our client fairly and $35.2 million for a truck accident that resulted from a tractor-trailer rear-ending our client on the freeway.
These impressive recoveries showcase our ability to persuasively present our clients’ cases and secure favorable judgments, even in the most challenging situations.
Recognition and Awards
Wilshire Law Firm has been consistently recognized for its exceptional legal service and commitment to our clients’ well-being. Our firm has been named among the “Best Law Firms” by U.S. News & World Report and Best Lawyers® for four consecutive years. This prestigious recognition reflects our dedication to putting our clients first and supporting them throughout the legal process.
Our team is composed of award-winning lawyers known for handling and winning cases across personal injury, employment law, and class action lawsuits. We have a national reputation for managing some of the country’s most substantial cases, earning the trust of clients and the respect of our peers, many of whom refer their most challenging cases to us.
Choosing Wilshire Law Firm means partnering with a team that is committed to having your back and diligently working to achieve the best possible outcome for your case.
Wilshire Law Firm has a consistent record of top verdicts and settlements. We have been featured in Top Verdict’s lists of Number One Settlements and Top 10 Verdicts in California, demonstrating our capability to secure significant victories for our clients.
No Recovery, No Fee
Understanding the financial concerns that come with legal proceedings, we operate on a contingency-fee basis. This means there are no upfront costs for our clients; if we don’t win your case, you don’t pay. We offer around-the-clock availability to qualify your case, providing timely assistance whenever you need it.
Our approach reflects our commitment to being one of the most aggressive and capable law firms in the state, always ready to support you and your family in your time of need.
The settlements, verdicts, and awards we have attained are not just numbers; they represent our relentless pursuit of justice and our commitment to making a meaningful difference in the lives of TBI victims and their families.
Choosing Wilshire Law Firm means partnering with a team with a demonstrated track record of success in TBI litigation, ensuring that your case is in capable and experienced hands.
Local Knowledge and Resources
Being based in San Francisco, we have a wealth of local legal knowledge and resources. Our office is located at 75 Broadway, Suite 202, San Francisco, CA 94111. Our office is conveniently located for our clients. We are just a short drive away from local landmarks like the Bay Bridge, Union Square, and the San Francisco Museum of Modern Art. Our local presence allows us to understand the specifics of the San Francisco legal system, as well as the community resources available to our clients.
By choosing Wilshire Law Firm for your San Francisco TBI case, you’re getting a team of 500+ dedicated legal professionals committed to fighting for your rights and helping you through one of the most challenging times of your life. Our goal is to provide excellent legal representation and a supportive foundation that helps you and your family navigate the aftermath of a TBI with strength and hope.
TBI Compensation: Understanding Your Rights and Potential Recovery
In cases of TBI, understanding and pursuing the right compensation is one of the first steps towards your recovery. At Wilshire Law Firm, we recognize the profound impact a TBI can have on your life and the significant financial, emotional, and physical burdens it can impose. Our focus is on ensuring that you receive full and fair compensation to cover all aspects of your injury. Here’s what this can include.
Medical expenses are often one of the largest components of compensation in TBI cases, as they tend to form the bulk of the financial burden faced by victims and their families.
According to the National Institutes of Health, traumatic brain injury expenses typically range from $2,130 to $401,808 per person. This does not include any costs associated with motor vehicle accidents or other factors. However, some TBI cases can have much higher lifetime costs, reaching one million dollars or more.
When dealing with a TBI, medical treatment can include a wide range of services and care, starting from the immediate need for emergency treatment, potentially involving surgery and hospitalization.
As the recovery process continues, ongoing medication, rehabilitation therapies, and, in some cases, long-term care becomes necessary. These expenses can add up quickly, creating a significant financial impact.
To successfully claim these expenses as part of a TBI compensation case, you need comprehensive and detailed documentation. This includes all medical bills, receipts, and records of treatment from the onset of the injury and throughout the recovery process.
Future medical expenses are just as important and need to be accurately estimated and included. This often requires expert testimony from medical professionals who can provide a detailed prognosis and outline future treatment needs, including any surgeries, therapies, or long-term care requirements.
At Wilshire Law Firm, we understand the importance of thoroughly documenting and proving all medical expenses related to a TBI. Our approach includes collaborating with medical experts to ensure that every aspect of your treatment, both current and anticipated, is accounted for.
We meticulously gather and organize all relevant medical documentation and work with healthcare professionals to provide a clear, comprehensive picture of your medical needs.
Additionally, our legal team understands how to present these expenses in negotiations with insurance companies or in court, ensuring that they are recognized as legitimate and necessary components of your compensation. Our goal is to alleviate the financial burden of medical expenses from your shoulders, allowing you to focus on your recovery and well-being.
Lost Wages and Earning Capacity
According to the CDC, 55 percent of those with moderate to severe TBIs do not have a job but were employed at the time of their injury.
Compensation for lost wages and earning capacity is a critical aspect of the recovery process, addressing the financial impact of the injury on your professional life. This type of compensation is not just about immediate loss of income but also the long-term effects on your ability to earn a living.
When a TBI temporarily hinders someone from working, lost wages can accumulate rapidly. This includes not only salary but also other benefits and bonuses that would have been earned during the period of recovery.
For individuals whose TBIs result in long-term or permanent disability, the financial implications are even more significant. In these cases, the loss extends beyond current income to future earning capacity, potentially affecting the individual’s career trajectory, promotions, and pension benefits.
Proving lost wages and loss of future earning capacity involves a detailed analysis of the victim’s current and potential future earnings. This requires gathering comprehensive employment records, salary information, and, in some cases, expert testimony on the individual’s career prospects and potential earnings had the injury not occurred.
Factors such as the individual’s age, professional skills, experience, and the likelihood of future career advancement all play a role in determining the extent of lost earning capacity.
At Wilshire Law Firm, we approach the recovery of lost wages and earning capacity with extreme care. We work with economic experts to project future losses and build a compelling case for the full extent of these damages.
Our team is experienced at gathering and presenting the necessary evidence to substantiate claims for both immediate and future financial losses resulting from a TBI. We understand how TBIs can impact different professions and career paths, and we tailor our approach to each client’s unique circumstances.
Our goal is to ensure that compensation for lost wages and earning capacity reflects the true economic impact of the injury on your life. By thoroughly addressing these aspects, we help secure the financial support necessary for our clients to manage their recovery and future financial stability.
Pain and Suffering
Pain and suffering constitute a significant part of the compensation in TBI cases, recognizing the non-economic impact these injuries have on an individual’s life. This aspect of a claim goes beyond the tangible costs of medical treatment or lost wages. Instead, they compensate for the emotional and psychological distress caused by the injury.
A TBI can manifest in several different forms of suffering that are not always visible or easily quantifiable. Victims may experience intense physical pain, severe headaches, and discomfort that extend well beyond the period of physical recovery.
Also, the emotional toll of a TBI can be profound. It’s not uncommon for victims to endure emotional distress, anxiety, depression, and a significant decline in their overall quality of life. These challenges can affect relationships, diminish the ability to enjoy previously loved activities, and lead to a sense of loss of one’s former self.
Proving pain and suffering in a legal context requires a strategic approach, as these damages are subjective and vary greatly from one person to another. It involves compiling comprehensive evidence that may include medical records, psychiatric evaluations, personal journals, and testimonies from family, friends, or mental health professionals. These pieces of evidence paint a vivid picture of the daily struggles and long-term consequences the victim faces due to the TBI.
At Wilshire Law Firm, we deeply understand the multifaceted nature of pain and suffering associated with TBIs. Our approach is empathetic and thorough, ensuring that the full scope of your pain and suffering is effectively communicated and acknowledged in your claim. We work to vividly articulate how the injury has altered your life, advocating for compensation that truly reflects the depth of your experience.
Our legal team is skilled in presenting these complex and personal aspects of your case in a compelling manner, whether in negotiations with insurance companies or in court proceedings. We are dedicated to ensuring that the non-economic damages in your TBI case are given the same weight and consideration as the economic ones, helping you secure a comprehensive settlement that addresses every aspect of your injury’s impact.
Life Care Costs
Life care costs are another important component of compensation in severe TBI cases, addressing the long-term needs and lifestyle adjustments that often accompany such injuries. These costs go beyond immediate medical care, focusing on the continuous support and modifications required to improve the quality of life for TBI victims.
A severe TBI can lead to substantial changes in your daily life and ability to independently perform routine tasks. In fact, the CDC estimates that 33% of victims with moderate to severe TBI rely on others for help with everyday activities.
Compensation for life care costs covers the expenses related to these changes. This can include home modifications like wheelchair ramps, stairlifts, or bathroom renovations to accommodate mobility challenges. Specialized equipment may also be necessary, such as communication devices for those with speech impairments, custom wheelchairs, or adaptive technology for cognitive assistance.
Additionally, many TBI victims require ongoing personal care assistance. This might involve professional in-home care services for daily activities such as bathing, dressing, and meal preparation.
In some cases, rehabilitation services like physical therapy, occupational therapy, or speech therapy are needed on a long-term basis. These services help TBI victims maintain as much independence as possible and improve their quality of life.
Proving and quantifying life care costs in a TBI case requires a detailed understanding of the victim’s current and future needs. This often involves working with medical experts, rehabilitation specialists, and life care planners who can assess the extent of care required and estimate the associated costs.
These professionals provide valuable insights and projections that form the basis of the compensation claim for life care costs.
At Wilshire Law Firm, we take a comprehensive and forward-looking approach to securing compensation for life care costs. We ensure that every aspect of your long-term care needs is thoroughly evaluated and included in your compensation claim.
Our goal is to secure a settlement that not only covers your current medical and care expenses but also provides for your future needs, ensuring that you have the necessary resources for ongoing support and care.
We understand that the costs associated with life care for TBI victims can be overwhelming. Our team is dedicated to advocating for your right to receive full compensation that reflects the true cost of living with a TBI, helping you and your family move forward into the future with greater security and peace of mind.
Loss of Enjoyment of Life
Compensation for the loss of enjoyment of life in TBI cases addresses the profound changes in lifestyle and personal fulfillment that victims often experience. This form of compensation acknowledges that a TBI can drastically alter one’s ability to participate in and enjoy activities that were once a part of their daily life and identity.
TBIs can impose significant limitations on victims, affecting their physical, cognitive, and emotional capacities. This might mean no longer being able to participate in hobbies, sports, social activities, or other forms of leisure that were previously sources of joy and satisfaction.
For some, it might even impact routine activities like reading, watching movies, or playing with their children. The loss of enjoyment of life is about the diminished ability to experience life’s pleasures and engage in meaningful activities, which can lead to feelings of loss, frustration, and sadness.
Proving the loss of enjoyment of life in a legal setting involves demonstrating how the TBI has changed the victim’s lifestyle and ability to find pleasure in activities they once loved.
We can show this through personal testimony, statements from family and friends, and documentation from mental health professionals. It’s about painting a clear before-and-after picture of the victim’s life, highlighting the impact of the injury on their day-to-day experiences and overall happiness.
At Wilshire Law Firm, we approach the recovery of compensation for loss of enjoyment of life with sensitivity and thoroughness. We understand that this aspect of a claim is deeply personal and subjective yet extremely significant.
Our goal is to ensure that the less tangible but equally important impacts of a TBI are recognized and compensated. We work closely with our clients to understand the full extent of how their injury has affected their enjoyment of life and advocate for compensation that reflects these profound changes.
Our team is skilled in articulating and substantiating these non-economic damages, ensuring they are given proper consideration in your claim. We strive to secure a settlement that addresses the financial and physical aspects of your injury and the emotional and experiential impacts, helping you achieve the most holistic recovery possible.
Punitive damages in TBI cases serve a dual purpose: they provide additional compensation to the victim and deter egregious conduct. Defendants pay these damages when the TBI results from particularly reckless or negligent behavior, and they punish the wrongdoer for their actions.
Pursuing punitive damages is different from seeking compensation for medical expenses or pain and suffering. It focuses on the responsible party’s conduct rather than the injury’s impact on the victim.
To receive punitive damages, the plaintiff must demonstrate that the defendant’s actions were more than just negligent. They were willful, wanton, malicious, or grossly negligent. This could include situations where a person or entity knowingly ignored safety protocols, acted with a blatant disregard for the safety of others, or engaged in intentionally harmful behavior.
The process of proving entitlement to punitive damages involves a detailed investigation into the circumstances surrounding the incident. This can include gathering evidence that shows a pattern of reckless behavior, testimonies from witnesses, or documentation that highlights the egregious nature of the defendant’s actions.
It often requires a deep dive into the defendant’s history and practices, looking for evidence that their conduct was knowingly dangerous or particularly careless.
At Wilshire Law Firm, our team understands the higher threshold of proof required for these damages and is experienced at building a compelling case to meet this standard. We conduct exhaustive investigations and work with experts to uncover and demonstrate the extent of the defendant’s misconduct.
Securing punitive damages not only benefits our clients by providing additional financial support but also serves a broader societal function. By holding individuals or entities accountable for extraordinarily negligent behavior, these damages help deter similar conduct in the future, contributing to safer environments and practices.
In TBI cases where punitive damages are applicable, our firm is committed to pursuing every avenue of compensation available to our clients. We understand the importance of these damages in providing justice and closure for TBI victims, and we are dedicated to achieving outcomes that reflect the seriousness of the wrongdoer’s actions.
Deadline to File a San Francisco TBI Lawsuit
No matter the circumstances of your injury, contacting our San Francisco TBI lawyers as soon as possible is in your best interest. In California, the statute of limitations for personal injury lawsuits is two years from the incident or when the plaintiff discovered the injury. The court strictly enforces this deadline, and plaintiffs must adhere to it to preserve their right to pursue compensation for damages.
The two-year window can be extended if certain conditions are met, such as being a minor or having some form of mental disability that delays the filing. If you believe any such conditions apply in your case, seek legal advice as soon as possible.
Where Can TBI Accidents Happen in San Francisco?
In San Francisco, there are some potential high-risk areas for potential TBI injuries based on common factors that contribute to such injuries. TBIs often result from vehicle accidents, falls, or pedestrian collisions. Here are some locations and scenarios in San Francisco where
TBIs could be more prevalent:
- High Traffic Areas and Major Intersections: Places like Market Street, Van Ness Avenue, and intersections along the Embarcadero are known for heavy traffic. The mix of vehicles, cyclists, and pedestrians in these areas increases the risk of accidents that could result in TBIs.
- Freeways and Highways: High-speed areas such as the US-101, I-280, and the Bay Bridge often witness high-impact collisions. Accidents at these speeds are more likely to result in severe head injuries.
- Densely Populated Neighborhoods: Areas like the Mission District, Financial District, and Chinatown, known for their high pedestrian activity, could see a higher incidence of TBIs due to falls or pedestrian-vehicle collisions.
- Hilly Areas with Steep Inclines: San Francisco’s famous hilly terrain, found in neighborhoods like Nob Hill and Russian Hill, can be challenging for drivers and pedestrians alike, potentially leading to accidents and falls that cause head injuries.
- Recreational Areas and Sports Facilities: Places like Golden Gate Park or Crissy Field, where recreational activities and sports are common, could also be sites where TBIs might occur due to falls or sports-related accidents.
- Construction Sites: With the city’s ongoing development, construction sites are common. These areas pose risks for head injuries due to falls, debris, and machinery-related accidents.
- Public Transportation Hubs: Areas surrounding MUNI stations, BART stations, and bus stops, like those in the SoMa or Union Square areas, where the convergence of commuters can lead to crowded conditions and potential for accidents.
For individuals in San Francisco who have suffered a TBI under such circumstances, consult with our lawyers to learn more about your case and potential compensation.
Our Focus on San Francisco TBI Accidents
At Wilshire Law Firm, our focus as TBI lawyers in San Francisco includes a comprehensive understanding of the types of accidents leading to traumatic brain injuries and the range of injuries that our clients might suffer. Here’s a breakdown:
Types of Accidents Leading to TBIs
Some of the types of accidents that we have seen lead to TBIs include:
- Vehicle Accidents: This includes car, truck, motorcycle, and bicycle accidents, where victims suffer head trauma due to collisions or being thrown from their vehicle.
- Pedestrian Accidents: In a city as busy as San Francisco, pedestrian accidents can lead to TBIs when a pedestrian is struck by a vehicle.
- Falls: Slip and fall accidents, which can happen anywhere from public sidewalks to commercial properties, are a leading cause of TBIs.
- Sports Injuries: Recreational activities and organized sports, especially contact sports, can result in head injuries.
- Workplace Accidents: Industrial and construction sites in San Francisco pose risks for head injuries due to falls, struck-by incidents, or machinery accidents.
- Violence and Assaults: Instances of violence or assault can also lead to TBIs, whether from a blow to the head or other traumatic impacts.
Types of TBI Injuries
TBI is a broad term that includes various types of injuries to the brain, each differing in severity, symptoms, and long-term effects. Understanding the different types of TBI helps us understand the impact of the injury, determine the appropriate treatment, and pursue adequate compensation.
Here are some common types of TBI:
- Concussions: Concussions can have significant short-term and long-term effects.
- Contusions: These are bruises or bleeding on the brain, which can require surgery if severe.
- Diffuse Axonal Injury: Caused by severe shaking or rotational forces, these injuries can lead to widespread brain damage.
- Coup-Contrecoup Injury: This occurs when the brain is injured directly below the point of impact and on the opposite side of the impact as well.
- Penetrating Injuries: These involve a foreign object entering the brain, causing severe damage to specific brain areas.
- Anoxic Brain Injury: Although less common in trauma scenarios, this type of injury occurs when the brain is deprived of oxygen.
At Wilshire Law Firm, we bring our 15 years of experience and knowledge to each TBI case in San Francisco. We understand the life-changing impact these injuries can have and are dedicated to providing compassionate, effective legal representation.
Our goal is to ensure that our clients receive the compensation they need to cover medical expenses, lost wages, and other damages, supporting them in their journey to recovery.
Fighting the Insurance Company After a San Francisco TBI
Confronting insurance companies after a traumatic brain injury (TBI) can be one of the most difficult and complicated aspects of your claim. These companies have vast resources and are often more focused on protecting their financial interests than on providing fair compensation to victims.
At Wilshire Law Firm, we understand the intricacies of battling insurance companies, particularly in TBI cases in San Francisco, and we are prepared to handle these challenges on your behalf.
Insurance policies are notoriously complex and filled with legal jargon that can be difficult to interpret. Insurance companies may use this complexity to their advantage.
Insurers often attempt to minimize the extent of injuries or argue that the TBI is less severe than claimed in an effort to reduce the amount they pay out. The insurance companies may also intentionally delay the processing of claims, hoping to pressure you into accepting lower settlements due to financial strain.
Initially, insurers might present lowball offers, hoping you will accept less compensation than you deserve, especially when you are unaware of the full extent of your rights and potential compensation.
How We Counter Insurance Company Tactics
We do not let the insurance companies push you around. Our attorneys have a deep understanding of insurance law and the tactics used by insurers. We use this knowledge to anticipate and counter their strategies.
We prepare each case as if it will go to trial, gathering comprehensive evidence to support the severity of the TBI and its impact on your life. This includes medical records, expert testimonies, and documentation of expenses and lost income.
Our team has extensive experience in negotiating with insurance companies. We know the value of your claim and aggressively pursue fair compensation. If a fair settlement cannot be reached through negotiation, we are fully prepared to represent you in court.
Lastly, we keep you informed and involved throughout the entire process, providing support and guidance. We believe in effective communication and will make sure you understand every step of the process.
Facing insurance companies alone, especially in the wake of a TBI, can be truly overwhelming. By choosing Wilshire Law Firm, you gain a powerful firm of over 500+ legal professionals who understand the complexities of these cases and are committed to advocating for your best interests. We strive to level the playing field against insurance companies, ensuring you receive the compensation you rightfully deserve.
What to Do After a TBI Injury in San Francisco
If you or a loved one has suffered a TBI in San Francisco, there are several steps you can take after receiving initial medical attention to help your case succeed.
These steps are vital in building a strong foundation for your legal claim.
- Adherence to Treatment: It’s best to follow the treatment plan prescribed by your healthcare provider. This not only aids in your recovery but also provides concrete evidence of the impact and severity of your injury.
- Documenting Treatment Progress: Keep detailed records of your medical appointments, treatments, and any recommendations or changes made by your healthcare providers.
- Keep Receipts and Bills: Save all receipts and bills related to your injury, including medical expenses, medication costs, and any other costs incurred due to your injury, like travel expenses to medical appointments.
- Lost Income Documentation: Keep a record of any work or income lost due to your injury. This includes pay stubs, letters from your employer, and any other relevant documentation.
- Injury Journal: Start a daily journal documenting your symptoms, pain levels, emotional state, and how the injury affects your daily life. This can be powerful evidence in demonstrating the impact of the TBI.
- Witness Information: If there were any witnesses to the accident, collect their contact information, as they may be able to provide statements that support your case.
- Police Report: Obtain a copy of the police report if your injury resulted from an incident like a vehicle accident or an assault. The report can provide an official account of the incident.
Bringing Information to Wilshire Law Firm
Our firm will help you gather all the collected information, including medical records, financial documents, personal notes, and legal documents.
At your consultation with us, bring as much information as you have. This will help us understand the full scope of your case and devise an effective legal strategy. We will guide you through the legal process, advising you on any additional steps or information needed.
Taking these proactive steps after an accident can significantly strengthen your TBI claim. It provides a comprehensive picture of the injury’s impact on your life and forms the basis for calculating the compensation you deserve.
At Wilshire Law Firm, we use this information to build a strong case on your behalf, aiming to secure the best possible outcome for you and your family. If you’ve suffered a TBI in San Francisco, call us at (213) 712-4459 or contact us online for a free case consultation.
Our San Francisco Location
Wilshire Law Firm
75 Broadway, Suite 202
San Francisco, CA 94111
Tel: (415) 968-4279