Skip to Content
Top
Brain Injury

Orange County Brain Injury Attorneys

Fighting For Traumatic Brain Injury Victims Across Southern California

If you or a family member has suffered a concussion, hypoxic or anoxic brain damage, or another type of brain injury caused by someone else's negligence, secure proper medical care and consult a lawyer about your rights as soon as possible.

Brain injuries cause permanent, debilitating injuries that may never fully recover. In order to regain some semblance of your life back, it's essential that you receive quality medical treatment and therapy; but those costs can add up quickly.

The Orange County brain injury attorneys at the Law Office of Marshall Silberberg are here to fight for every penny of compensation you deserve. All three members of our firm have been recognized by Southern California Super Lawyers for their excellence in personal injury law. In fact, Attorney Marshall Silberberg has been listed as one of the top attorneys in Southern California every year since 2004.

Call The Law Office of Marshall Silberberg today at (949) 565-4281 or contact us online to schedule a free consultation with our brain injury attorney in Orange County.

Common Types of Brain Injury Cases

If another person's negligent or reckless actions caused your brain injury, our firm is here to help. We represent clients who have suffered both traumatic and non-traumatic forms of brain injuries:

Traumatic Brain Injuries (TBIs)

Traumatic brain injuries result from a sudden or forceful blow to the head. In Orange County, traumatic brain injuries often arise from motor vehicle collisions, sports accidents, and falls. 

Common types of TBIs include:

  • Concussion: A concussion is a mild TBI usually caused by a blow or jolt to the head. Symptoms can include headache, confusion, dizziness, and brief loss of consciousness. Rest often leads to full recovery, though repeated concussions can cause lasting damage.
  • Contusion: A contusion is a bruise on the brain's surface from direct impact. It can lead to swelling or bleeding and, in severe cases, may require surgery.
  • Penetrating Injury: This type of injury occurs when an object, such as a bullet or sharp instrument, enters the skull and damages brain tissue. Damage may be localized or widespread, depending on the object's path.
  • Diffuse Axonal Injury (DAI): DAI causes widespread nerve fiber (axon) injury from rapid acceleration or deceleration, such as in high-speed accidents. This injury can result in significant neurological impairment.
  • Coup-Contrecoup Injury: These injuries involve two points of brain impact—the initial site (coup) and the secondary site (contrecoup) caused by rebound. Both can result in multiple areas of damage within the brain.
  • Second-Impact Syndrome: A rare but serious condition that happens when a person suffers a second concussion before recovering from the first. This can cause swift, often fatal brain swelling.
  • Shaken Baby Syndrome: Often seen in infants, this injury occurs when someone violently shakes a baby, leading to brain damage. Outcomes may include long-term disabilities or even death.
  • Hematoma: A hematoma is a collection of blood outside blood vessels, usually inside the brain. Types include epidural, subdural, and intracerebral hematomas, each with specific risks and complications.

Non-Traumatic Brain Injuries

Non-traumatic injuries result from oxygen deprivation, toxic exposure, or infection. In Orange County, these can occur through drowning incidents, birth injuries, or medical malpractice.

Common types of non-traumatic brain injuries include:

  • Stroke: A stroke occurs when blood flow to the brain stops, either due to a blockage (ischemic stroke) or bleeding (hemorrhagic stroke). Brain cells can die from lack of oxygen and nutrients.
  • Hypoxic-Ischemic Injury: This injury results from low oxygen (hypoxia) and reduced blood supply (ischemia), as in cardiac arrest, near-drowning, or severe breathing problems.
  • Intracranial Hemorrhage: This involves bleeding in the skull, which can raise pressure and damage the brain. Causes include aneurysms, vascular malformations, or head injuries.
  • Infections of the Brain: Infections like meningitis or encephalitis can inflame the brain. In severe cases, infections may cause permanent injury.
  • Brain Tumors: Tumors inside the brain can press on nearby tissue and cause damage. Both benign and malignant growths can impact function.
  • Seizures: Ongoing or repeated seizures may cause brain injury. Epilepsy and other conditions can contribute to long-term harm if uncontrolled.
  • Toxic Exposure: Contact with hazardous chemicals or toxins, through substance abuse or environmental factors, can damage the brain.
  • Metabolic Disorders: Disorders that affect metabolism, such as some mitochondrial diseases, may disrupt energy production and progressively harm brain tissue.
  • Neurodegenerative Diseases: Conditions like Alzheimer's, Parkinson's, and Huntington's cause gradual loss of brain cells, leading to cognitive and physical impairment.
  • Autoimmune Disorders: In rare cases, an autoimmune reaction causes the immune system to attack the brain, resulting in inflammation and injury.
  • Nutritional Deficiencies: Deficiency in key nutrients, such as vitamin B12 or folate, can affect brain health and lead to injury.

What Are the Common Symptoms of a Brain Injury?

Symptoms of a brain injury vary depending on the injury’s type, location, and severity. Some appear immediately, while others surface later as the brain recovers. Always have a medical professional check for symptoms, even if they seem mild. Here are common symptoms seen with brain injuries:

  • Headache
  • Loss of consciousness
  • Confusion and disorientation
  • Memory problems
  • Dizziness and balance issues
  • Nausea and vomiting
  • Fatigue and lethargy
  • Speech and language difficulties
  • Changes in sensory perception
  • Mood or personality changes
  • Sleep disturbances
  • Seizures
  • Weakness, paralysis, or coordination problems
  • Difficulty with motor skills

Keep in mind that symptoms can manifest immediately after an injury or develop over time. Additionally, individuals may experience a combination of these symptoms, and the severity can vary. If there is any suspicion of a brain injury, seeking prompt medical attention is imperative for proper diagnosis and appropriate management.

What Damages Could Be Recovered in a Brain Injury Claim?

Our brain injury attorneys in Orange County understand the challenges that clients and their families face when dealing with brain injuries and changes in daily life. 

We strive to recover compensation that covers these losses:

  • Medical expenses, including future medical needs
  • Rehabilitation costs
  • Emotional trauma and therapy
  • Lost wages, including possible future loss of income
  • Diminished quality of life

It may seem impossible to put a dollar value on the lost quality of life, but we employ experts such as home economists, forensic experts and others who can gain an estimate of the financial impact of such a loss on you and your family. 

Local Orange County Resources for Brain Injuries

Orange County provides a variety of support systems and resources tailored for individuals and families dealing with brain injuries. From specialized medical care to therapy and community assistance, those affected can access comprehensive care to aid recovery. Institutions such as the University of California and Irvine Medical Center offer advanced neurorehabilitation programs focusing on cognitive and physical recovery. Their integrated approach includes personalized rehabilitation plans that address each patient's unique needs, ensuring they receive optimal care.

Beyond medical treatment, support groups play a vital role in mental and emotional recovery. Organizations like the Brain Injury Association of California offer resources and community support to patients and their families, promoting awareness and understanding of the complexities associated with brain injuries. Their activities include educational workshops and peer mentorship, facilitating a shared experience that enhances communal recovery efforts.

How to Prove Negligence in a Brain Injury Case?

Successfully proving negligence in a brain injury case requires strong evidence and a strategic legal approach. The key elements include:

  • Duty of Care: The liable party must have owed the victim a duty of care. For instance, drivers must operate their automobiles safely, and property owners must maintain safe premises.
  • Breach of Duty: It must be shown that the responsible party failed to uphold their duty of care. This could involve distracted driving, failure to clean up dangerous conditions, or neglecting workplace safety regulations.
  • Causation: A direct connection between the negligent actions and the brain injury must be established. Medical records, expert testimony, and accident reconstruction reports can help prove this link.
  • Damages: Finally, victims must provide evidence of the damages suffered from the brain injury. These may include medical bills, lost income, rehabilitation costs, and pain and suffering.

Strong legal advocacy is critical in these cases, as insurance companies often try to downplay the seriousness of these injuries or shift blame onto the victim. A skilled attorney ensures that all necessary evidence is gathered and presented effectively.

Frequently Asked Questions

What Should I Do First After Suffering a Brain Injury?

Start by seeking medical attention right away, even if your injury appears minor. Brain injuries can sometimes have delayed or subtle symptoms that worsen over time, so prompt evaluation is crucial for your health and safety. In addition to protecting your well-being, early medical documentation can serve as critical evidence if you decide to pursue a legal claim later. Make sure to follow all medical advice, keep detailed records of your symptoms, and note any treatments or recommendations provided by healthcare professionals.

How Long Do I Have to File a Brain Injury Lawsuit in California?

In most cases, California law allows you two years from the initial date of the injury to file a personal injury lawsuit. However, this period could vary depending on specific circumstances. For example, if your claim involves a government agency, stricter filing deadlines may apply, sometimes significantly shorter than the standard two years. Acting promptly is critical to preserve your legal rights, as missing these deadlines could prevent you from pursuing compensation entirely. Consulting with an experienced attorney early on ensures you understand any exceptions that may affect your case.

Does a Brain Injury Case Take Longer to Resolve Than Other Injury Claims?

Yes, brain injury cases often take longer to resolve than more straightforward personal injury claims. These cases can be highly complex, requiring detailed medical evaluations, expert testimony, and thorough investigation to establish the full extent of the injuries and their long-term impact. Factors such as the severity of the injury, the need for ongoing treatment, and negotiations with insurance companies or opposing parties can all affect the timeline. While every case is unique, patients and families should be prepared for a potentially extended process to ensure fair and comprehensive compensation.

Contact Our Brain Injury Attorney in Orange County

Recovering from a brain injury can be overwhelming, but the legal process does not need to add more stress. The Law Office of Marshall Silberberg has a strong track record of obtaining significant settlements and verdicts for those affected by brain injuries. Our team understands the medical and legal issues at play and pursues fair results for every client. If someone else's negligence has caused your brain injury, you do not have to face the next steps alone. Call today to schedule a consultation and discuss how to protect your rights and work toward the compensation you deserve.

You don't have to go through this difficult time alone. The Law Offices of Marshall Silberberg is ready to come alongside you and provide the dedicated support you need. Call (949) 565-4281 to get started with our Orange County brain injury lawyers.

Relentless About Results

  • $15,500,000 Auto vs Pedestrian

Our Values

What Our Work Means To Us
  • Focused on Your Future
    We don’t just aim for legal victories—we fight for the financial recovery and peace of mind you need to move forward. From medical bills and lost income to pain and suffering, we pursue full compensation so you and your family can rebuild with confidence.
  • Experienced Where It Matters
    With decades of courtroom experience and hundreds of trials behind us, we know how to win. We’re straightforward, strategic, and fully prepared to take your case as far as it needs to go.
  • Built on Trusted Partnerships
    We’ve cultivated long-standing relationships with leading doctors and industry experts who help us build strong, evidence-based cases that stand up in court and lead to better outcomes.
  • Personally Invested in Every Case
    We see the person behind the case and understand what you’ve been through. That’s why we approach every client with compassion, respect, and unwavering support from start to finish.
  • Driven to Deliver Results
    We go all in—thorough preparation, expert insight, and tireless advocacy. We don’t charge a fee unless you recover, and we fight for compensation that truly makes a difference in your life.