San Diego Brain Injury Attorney | The McClellan Law Firm

San Diego Brain Injury Lawyers
Our brains are the most complex organs in our bodies. Everything in our
bodies is controlled by our brains. Even the simplest tasks cannot be
performed without a properly functioning brain. As a result, it is very
important to protect your head from a brain injury since blunt force trauma
to the head can easily cause one to suffer a brain injury.
Severe head injuries refer to any injuries that harm the skull, scalp or
brain. In many accidents, the head is the most seriously injured body
part. When you or a loved one suffers a traumatic brain injury, turn to
the knowledgeable attorneys at
The McClellan Law Firm. With more than 40 years of experience handling complex litigation and
catastrophic injuries, we help victims and their families take legal action.
At The McClellan Law Firm, we put our clients first by providing excellent
legal representation and personalized service when handling all brain
and head injury cases. Our law firm and its serious injury attorneys are
recognized throughout San Diego and the nation for excellent legal representation.
How We Recover Compensation for Traumatic Brain Injuries
In traumatic brain injury litigation, the issues often center on the specific
nature, extent, and duration of the victim's injuries. While the fact
of a severe injury and the liability of a particular defendant might be
well beyond dispute, the question of damages is frequently subject to
intense dispute and litigation.
If you or a member of your family has suffered a severe injury to the head,
there will likely be a legal battle to determine the compensation you need to cover the medical, emotional and financial costs of your injury.
Brain injuries can be difficult to diagnose, and
arguing these cases is often a complex task, but at The McClellan Law Firm, we have experience in these types of claims
and a history of success. From calling witnesses who are experts in neurology,
neuropsychiatry, neuropsychology, and psychiatry to economists and life
planners who can explain the long-term costs of an injury, we are prepared
to make your case clear.
Traumatic Brain Injury Statistics
In the U.S., at least 1.7 million people suffer TBIs every year.
Approximately three in four of these incidents are considered "mild"
forms of TBI, such as concussions. These statistics are gathered and published
by the Centers for Disease Control and Prevention. TBIs are very expensive
for victims and their families. In 2000, medical expenses, lost productivity
costs, and other expenditures associated with TBIs in the United States
totaled about $76.5 billion.
Recovering from a Brain Injury Can Be a Lifelong Battle
Most brain injury survivors say they want their old lives back. However,
for those who have suffered a brain injury (as well as their loved ones),
getting back to their old lives can often be impossible. One man, whose
son suffered traumatic brain injury in 1987,
described the recovery as going "back to childhood" when he talked about some of the tasks he had to perform for his son, like
changing his diaper and helping him in the shower.
Many brain injury survivors and their loved ones struggle most with the
lack of information on how to cope with the condition, and what steps
are necessary to begin rebuilding their lives. One man claimed that, as
soon as he left rehab,
he felt like he was completely on his own. Brain injuries can change the lives of caregivers just as much as the
people they care for. Assisting a loved one with a traumatic brain injury
can quickly become a full time job, putting a hold on a marriage or career,
or even going as far as to impact family dynamics.
Most survivors of brain injury recognize recovery as a lifelong journey.
You may need to learn to crawl again, move on to using a wheelchair, and
then retrain countless physical functions most of us take for granted.
While physical therapy is helpful,
true recovery from a brain injury can take years and cost thousands of dollars.
Brain Injuries Caused by Oxygen Deprivation
Not all serious brain injuries are caused by blunt force trauma, falls,
or fractures. Any time that the flow of blood or oxygen to the brain is
interrupted for any reason, damage can result, leading to a loss of cognitive,
sensory or motor function.
Any such brain damage attributable to a non-traumatic cause is known as
acquired brain injury.
The most common causes of acquired brain injury are various forms of asphyxiation,
hypoxia, or anoxia that shut off the brain's oxygen supply, due either
to a problem with blood circulation or to a lack of access to air.
Small children especially can be vulnerable to acquired brain injury caused
by choking.
What are the Symptoms of Acquired Brain Injuries?
Depending on the length of time of oxygen deprivation, the extent of the
acquired brain injury can be very severe and permanent. Symptoms can range
from persistent headaches to profound coma.
Among the particular problems that a victim of acquired brain injury might
encounter are:
Loss of memory
Deteriorated motor skills
Changes in temperament or behavior
Loss of the capacity to taste or smell
Problems with sleep or appetite
Inability to concentrate
Difficulty finding words
New Research On Treating Brain Injuries
A new study indicates the symptoms of a brain injury may subside far before
it becomes safe to resume activities. The study suggests that brain injury
recovery should be considered to come in two modes.
The first mode of concussion recovery involves the memory, thinking, and
behavioral symptoms
The second mode involves the physiological condition of the brain
The study could lead to important changes to the recovery timeline following
any brain injury, even those considered "mild." The research
used specialized MRI brain scans using a different technique from typical
brain scans to identify ongoing brain abnormalities.
A traditional CT or MRI often does not show the small changes in brain
physiology and function described in the study. The study author said
that lack of evidence may drive an inaccurate perception that "any
persistent symptoms are psychological." A patient suffering real
brain damage may be pushed back into action or have his or her symptoms
ignored based on inadequate testing.
The study provides some evidence that the elevated risk of a second brain
injury may persist for months after the symptoms of a first injury disappear.
Athletes who return to play a matter of weeks after a head trauma may
be in significant danger if a second injury occurs. More research is necessary
to determine the proper course of treatment and recovery for those who
have suffered concussions.
Individualized Brain Injury Representation
Brain injuries are some of the most damaging and complex injuries an accident
can cause. Traumatic brain injuries and acquired brain injuries greatly
affect the victim and may not ever allow him or her to fully recover from
the accident. Serious brain damage may also occur as a result of a severe
head injury. It is important to know that even if full recovery is not
possible, there are options for long-term care and treatment that may
help the victim improve his or her quality of life. These options, however,
are very expensive.
Someone who suffers a severe brain injury in an accident may file suit
against the at-fault party for:
Lost wages
Pain and suffering
Loss of consortium
Past, present and future medical expenses
Past and future loss of enjoyment of life
Other non-economic and economic damages
Attorneys must understand the types of brain injuries, their symptoms,
the treatment options, and long-term care needs. This knowledge of complex
head injuries is learned only by working with clients and families of
victims who have suffered serious brain injuries first-hand as the effects
of brain injuries will differ.
At The McClellan Law Firm, we have more than two decades of personal injury
experience. With each brain injury case we have handled in more than 30
years, we have gained important medical and legal knowledge that we will
use in representing you or your loved one following a serious brain injury accident.
To learn more about our experience handling complex brain injury cases
and how we can help with a loved one's brain injury, call us at
(619) 215-1488 to speak with a San Diego brain injury attorneys.
Craig McClellan is a member of the Inner Circle of Advocates, an invitation-only
group of the top 100 plaintiff trial lawyers in the United States.
Craig McClellan has been selected to the list of The Best Lawyers in America
every year since 1993.
The firm earned a Tier 1 ranking in Personal Injury in the 2023 list of
the Best Law Firms.
The firm earned a Tier 1 ranking in Personal Injury in the 2022 list of
the Best Law Firms.
The firm earned a Tier 1 ranking in Commercial Litigation in the 2022 list
of the Best Law Firms.
The firm earned a Tier 1 ranking in Product Liability in the 2022 list
of the Best Law Firms.
Craig McClellan earned one of the top 10 medical malpractice settlements
in California, securing a $9,000,000 settlement for a client.
Craig McClellan & Conor Hulburt earned one of the top 10 premises liability
settlements in California, securing a $3,175,850 settlement for a client.
Craig McClellan has been selected to the list of Super Lawyers every year
since 2007, and earned the most votes of ANY lawyer for 2019 in San Diego.
Craig McClellan was voted Lawyer of the Year for Product Liability Litigation
by Best Lawyers for 2019.
Attorney McClellan earned a Distinguished rating from Martindale-Hubbell
for his achievements.
Craig McClellan is listed as one of America’s Top 100 High Stakes Litigators
in Business Litigation, Personal Injury, and Product Liability.
Attorney McClellan has a 10/10 “Superb” rating, the highest rating an attorney
can receive from Avvo.
The firm has an A+ rating from the Better Business Bureau, the highest
possible rating offered by the organization.
Attorney McClellan is a member of the Consumer Attorneys of San Diego,
and previously served on its Board of Directors.
Attorney Craig McClellan was named as one of the “Best Attorneys” by the
Los Angeles Times.
Attorney Craig McClellan was named one of the “Best Lawyers” by San Diego Metro.
Attorney Craig McClellan was named one of the Top Lawyers in San Diego
in Business Litigation by San Diego Magazine.
Craig McClellan has been named among the Lawdragon 500 Leading Plaintiff
Consumer Lawyers, which honors the nation’s top advocates.
Trusted
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