OVER 400 Legal Answers to Frequently Asked Questions to a Variety of California Injury Issues and Legal Problems Associated with California Accidents

What is my case worth? What should I do after a bicycle accident? My car's brakes didn't function properly, do I have a case? Should I sign the insurance company's proposal? Some of your questions may have been answered already on Mark Blane's website. However, San Diego county accidents happen all the time, and all sorts of different questions about different injury scenarios can be raised by a person who is injured. As a result, this personal injury website is dedicated to answering your frequently asked questions about a variety of injuries, your legal rights, and what procedures you should follow. Just browse our frequently asked questions (FAQ) section (below) and look them up. If you have other or more specific questions, just send an email (Contact Us) and you will receive a reply without delay!

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  • HEAD INJURY: What is a California head injury? Also known as a concussion type injury, closed or open head wound, brain trauma or diffuse axonal tissue injury?

    Any person who has suffered an injury to the head area or brain due to an accident, gunshot wound, slip and fall, trip and fall, auto, motorcycle or truck accident or an assault, or even a sporting injury, is said to have a head or brain injury or sometimes (depending on the severity) a traumatic brain injury. Keep in mind, the brain injury might have resulted from a lack of oxygen to the brain (a result of a drowning, or choking) or a lack of blood supply to the brain (a result of a heart attack), or in the case of a severe auto, motorcycle, bus or truck accident, the brain injury might have been caused by several factors involved with the bio-mechanics of that collision.  The above definition is obviously true regardless if the injury happened in California or not.

  • BRAIN INJURY RECOVERY TIME: This may seem like a silly question, but people who have brain or head injuries, do they recover from the injuries?

    No, it is not a silly question, and the answer is quite positive! Yes, people with brain injuries or head type injuries can and do fully recover from their injuries. The time it can sometimes take for such a medical recovery is calculated in either:   weeks, months, and even years (rare cases). Many times, there is a fast recovery time soon after the injury, but as time moves forward, medical recovery time slows down. The brain is a very sensitive organ. Some people who have suffered or sustained severe head type injuries show no noticeable problems, while others need constant care for the remainder of their lives!  I talk about this situation in the following quick video:

    Sometimes a person with a brain injury can remain unconscious and it then becomes impossible to predict how long they will remain this way or when they will regain full consciousness.  These of course are in severe accident cases.  It becomes very difficult for the doctors to know because the brain is so sensitive, and other factors can influence what happens next.  The milder the brain or head injury then, generally speaking, the shorter the time frame for full recovery of consciousness.   Likewise, the more severe the head injury, the longer the time frame is for a person to regain full consciousness!  It is all about the severity of the head injury.


  • SWELLING OF THE BRAIN: My brother got into a bad San Diego car accident, and the doctors said he sustained severe brain injuries, and they noticed some swelling. Although he is doing better now, I was wondering what is brain swelling?

    Brain swelling is the common name of what is medically called a "cerebral edema"  It is usually the result of many different kind of injuries to the brain. Many times, brain swelling is unavoidable and if it is not controlled can lead to death because of the excessive pressure in the head (intracranial pressure).  The swelling is caused by damaged tissue to the brain trying to take in more blood (oxygen rich nutrients) to repair the damaged axonal tissue.  The problem becomes the pressure because the skull is an enclosed environment.

  • BRAIN INJURY: What are some common causes of brain injuries that you see in your San Diego California brain injury law practice?

    I have been practicing in injury law in California since 1999.  I have seen many kinds of head injuries.  The majority of brain injuries occur when something (an object) strikes a person in the head causing head injury.  Falling merchandise, hands, fists, bullets and falling debris at the workplace all have the potential to cause brain injury.

    A person can also strike his or her head on a steering wheel from a car accident, a motorcycle accident or a silp and fall injury can also cause some to strike their head causing injuries. For an unborn child, oxygen deprivation during birth can also cause brain injury.

  • CLOSED HEAD INJURY: I got into an El Cajon California motorcycle accident and injured my head. What are some symptoms of a Closed Head Injury?

    Closed head injuries are harder to detect than an open head injury which usually has some sort of trauma of force penetrating the skull.  Closed head injuries are more subtle and harder to detect; often times they go undiagnosed as a result. The following are some symptoms:
    • Headaches
    • Dazed or confused expression
    • Being tired, gradually losing consciousness and coma
    • Unequal pupils
    • Weakness, especially weakness on one side of the body
    • Vomiting

  • CLOSED HEAD INJURY: How is the brain damaged in a Closed Head Injury after an auto or motorcycle accident?

    When the head or skull is struck by a blunt force or a sudden, violent movement, the brain moves within the skull. This sudden, forceful movement can create microscopic tears in the brain tissue, and it can rupture blood vessels, causing what is called "brain bleeds."  As the brain hits the skull, it becomes bruised, leading to swelling and pressure, causing neural damage which interrupts nerve signals to the nerve core of the body.

  • POST-CONCUSSION SYNDROME: What is a "Post-Concussion Syndrome" and why is it important in my California Accident Case?

    When you sustain a concussion related to an auto accident or slip and fall, then you are at risk of experiencing a medical complication known as post-concussion syndrome.  According to the Mayo Clinic, this medical condition is poorly understood; most people, on minor head injuries fail to get checked out by a doctor who specialize in head injuries (a neuro) and this can cause your concussion symptoms to linger for weeks, even months.   The following are some of the symptoms of post-concussion syndrome:  

    1.  headaches,
    2.  difficulty concentrating,
    3.  behavioral changes and irritability. 

    It is important to know this as you should seek medical care immediately to make sure you are okay.  If not, then medical care is needed to help you through the head injury.  To this end, the medical care will protect you  not only medically, but it will protect you for your legal case as well.  All medical evidence needs to be gathered and properly documented so your injury lawyer can make a solid case for your injuries and medical care.

  • HEAD CONCUSSION INJURY: What is a Concussion?

    A concussion is a type of traumatic brain injury (TBI). It can be caused by a force to the head from a bump, a sporting accident, a back and forth type jolt, or a fall, and it can change the functioning of your brain; i.e. how the brain works. It is considered by many health professionals as "mild" because it is usually never a life threatening injury. Regardless, the symptoms from a concussion injury can be serious.

  • HEAD INJURIES: When should an injured person seek medical attention for a brain injury or concussion?

    It is advisable that one contact a Medical Doctor or Emergency Department as soon as possible if a person has any of the following symptoms after a blow to the head, jolt to the head, or any formation of a bump on the head:

    • Slurred or interrupted speech of any kind;
    • Repeated nausea or vomiting;
    • Decreased coordinated movement;
    • Numbness and weakness throughout the body;
    • A Headache that increases in frequency, intensity and duration (does not go away);

    If people are checking in on you, they should take to a ER right away if you display a drowsy look; you are very difficult to wake up; if the pupil (black part of eye) is larger in comparison to the other eye; or, you start convulsing.

  • CHILD BRAIN INJURY: What are some warning signs in children with a brain injury or a head concussion?

    Children tend to have less durable skulls as compared to adults according to  recent medical research.  It is important to know the following:

    • If your child has any of the above-listed signs or symptoms (listed in question 2), then you will need to take your child to an ER;
    • If your child suddenly refuses to eat, or nurse; this is a possible warning sign;
    • Your child has sudden behavior changes that you have not seen before;
    • Your child cannot be calmed down due to excessive crying (he or she cannot be consoled).

    Also, head injuries in children can be tricky too, because they sometime only appear later given that the head is still forming; particularly the frontal lobe portion of the skull. However, as will all head injuries, the tips listed here are important and one should have a good idea of what to look out for when dealing with this type of head trauma.

  • BRAIN INJURY RESOURCES: What are some good resources for support in a Brain/Head Concussion Injury?

    There are several options available in your community. There are groups that work with your health care professionals in your area that can help families deal with Mild Traumatic Brain Injury like "TBI" or "Concussions." There are support groups, and people who can point you in the right direction for the support groups at your local hospital. One National Network is The Brain Injury Association of America (BIAA) which has a coast-to-coast network of many state affiliates along with many local chapters of Brain Injury Support Groups that can help you. San Diego Brain Injury groups can be contacted by contacting the BIAA at their national number at their website listed at the end of this guide. Starting there will help you in your search for your local Brain Trauma support group.