San Diego Anoxic Brain Injury Lawyer

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Anoxic brain injuries are caused when a brain is denied oxygen—the damage done is immediate and profound. Who can be held liable for such injuries? How can a lawyer help your family after such a horrifying tragedy?

An anoxic brain injury occurs when the brain does not receive the oxygen it needs. These brain injuries can happen for a number of reasons, like birth complications, catastrophic accidents, or medical malpractice. 

Brain injuries rob a person of who they are and the life they were meant to lead, which makes these injuries all the more devastating. 

For over 30 years, Vaage Law has fought for brain injury victims to get the financial support they need to lead the best life possible. While a lawsuit may not be able to return brain injured victims and their families to their pre-injury lives, it can provide financial security and access to the necessary care.

Get in touch with a San Diego anoxic brain injury law firm today online or by calling (619) 338-0505 to chat about your legal options. 

Hear one of our clients talk about her son’s anoxic brain injury case and how our firm was able to help them:

Mother talks about her son’s anoxic brain injury case.

What Is An Anoxic Brain Injury?

Anoxia is the complete disruption of oxygen to the brain, meaning zero amounts of oxygen are reaching the brain. This lack of oxygen can seriously and irreversibly damage brain cells, with brain cells dying and permanent damage occurring in as few as five minutes or less without oxygen.

“Anoxia” means no oxygen at all, while “hypoxia” means not enough oxygen. For example, drowning causes anoxic brain injuries because the person has no access to air or oxygen. A hypoxic brain injury can happen during a stroke when the brain doesn’t get enough oxygen but is not completely cut off.

How Does an Anoxic Brain Injury Happen?

There are many reasons someone might experience an anoxic brain injury, including:

• Heart attack
• Stroke
• Drowning incident
• Vehicular accidents, like a car crash and motorcycle collisions
• Medical malpractice, such as complications during surgery or childbirth, anesthesia negligence, negligent monitoring by nurses, or failure to diagnose strokes or heart attacks in time
• Defective medical devices 
• Slip-and-fall accidents

Listen to Founder Robert Vaage Discuss His Experience with Medical Malpractice Cases

Do Anoxic Brain Injuries Get Worse Over Time?

Unfortunately, yes, many brain injuries and their debilitating symptoms worsen over time. The long-term effects of anoxic brain injuries include “chronic consequences” like:

• Seizures
• Apoptosis (cell death)
• Inflammatory events
• Demyelination (the unsheathing of nerves that causes numbness, blurred vision, and memory loss)
• Decreased neurogenesis (new neuron formation)

These secondary complications must be guarded against with regular therapy and stimulation of the brain. Your loved one’s ability to access such treatments helps them maintain the capabilities they still have and provides the baseline of care needed to support any future gains or improvements. 

Don’t let your loved one’s recovery be a waiting game. Timely action can make a huge difference in your loved one’s recovery and health.

Contact the team at Vaage Law today online or call (619) 338-0505, so we can start working together for a brighter future for your loved one. By reaching out now, you can help them get access to treatments they need to potentially make progress.

San Diego Brain Injury Data

Brain injuries are a significant concern for many San Diego residents. Here are some key statistics about these brain injuries, like anoxic brain injuries, in San Diego:

• Annually, over 11,000 individuals in San Diego county experience a brain injury.
• The highest rates of TBI-related deaths and hospital admissions are observed among older adults in California, specifically those aged 55 and up.
• In 2020, among the 11.2 million older adults residing in California, TBIs were responsible for 2,912 deaths, 17,528 hospital admissions, and 15,708 emergency room visits.

What Are the Chances of Surviving an Anoxic Brain Injury?

Chances of survival after anoxic brain injury depend on several factors, such as:

• How long the brain was without oxygen
• What caused the injury and the severity of the accident
• The age of the person
• The overall health or condition of the person before their accident

It can be rare for someone to make a full recovery from a severe anoxic brain injury. However, with the right treatment early on, those with milder cases may be able to make a full or partial recovery. 

How well someone recovers often depends on which parts of the brain were affected by the lack of oxygen. Those damages and their recovery needs are unique to every patient. In the U.S., having enough money can affect the quality of care you get, especially when it comes to seeing specialists. 

Working with a San Diego anoxic brain injury attorney can help improve your chances of getting the money you need for the care your loved one deserves. Acting quickly on your claim can directly improve their chances of a better recovery.

“We’ve seen firsthand how destructive anoxic brain injuries are for victims and their families. These cases are more than just about the medical challenges; they are also about the emotional toll they take on innocent people and their loved ones. Our goal is to stand by you so we can work through this uncertain time together and get people the care they need.”

– Founding Attorney, Robert Vaage

What Can a San Diego Anoxic Brain Injury Attorney Do for My Case?

If you or a loved one has suffered an anoxic brain injury because of someone else’s negligence, you may not have the time or energy to handle a legal claim alone. A lawyer can take this burden off your shoulders by: 

• Finding Out Who’s Responsible: We can help determine who is responsible, whether it’s individuals, hospitals, companies, or property owners of places like public swimming pools.
• Gathering Evidence: We’ll collect all the necessary evidence to support your case, including medical records and witness statements.
• Calculating Damages: We’ll dive deep into the specifics of your anoxic brain injury to figure out exactly how it’s affecting your life. This means we’ll carefully add up the compensation you need for medical treatments, lost wages, and any other costs related to your incident.
• Getting Medical Specialists: We can connect you with medical experts who can confirm the extent of the anoxic brain injury and provide detailed evaluations.
• Fighting for You in Court: If a fair settlement can’t be reached with the other party, then we will take your case to court to make sure you get full and fair compensation.

A San Diego Anoxic Brain Injury Lawyer Could Lead to a Better Outcome in Your Claim

Many people hesitate to hire a lawyer, thinking they can manage their injury claim on their own or unsure if it’s worth the effort. However, choosing to go it alone can often mean missing out on the compensation you need for a solid financial foundation following a brain injury.

Here’s why working with a lawyer can be beneficial to your claim, according to a 2016 Martindale-Nolo study:

• Higher Success Rate: Over 90% of those with legal representation received a settlement or award, compared to just about 50% of those who handled their own claims.
• Bigger Payouts: On average, people who hired a lawyer received $77,600 in compensation, while those who represented themselves got only $17,600.
• Effective Negotiation: Lawyers are skilled at negotiating settlements. People who waited for a better offer received settlements that were $30,700 higher than those who accepted the first offer from the insurance company.

What Kind of Compensation Can I Get in an Anoxic Brain Injury Lawsuit?

A San Diego anoxic brain injury lawyer can help you secure real benefits like personal economic security and the sense of closure that justice can bring. Settlements or damages awards may include coverage of:

• Medical bills (past and future) related to treatment and the long-term care often required for brain injury patients.
• Lost wages, employment, or job-related benefits like health insurance—a category especially important when children lose a lifetime of potential earnings, or when a family loses their main breadwinner.
• Pain and suffering related to the physical, mental, and emotional trauma suffered by the injured party and the impacted family members.
• Punitive damages, aka “punishment” fees, may be charged to the other party by a judge if your injury was caused by malice, oppression, or fraud.
• Wrongful death damages in cases where an anoxic brain injury causes or contributes to your loved one’s untimely death. This can cover funeral expenses and your loved one’s lost financial contributions.

When faced with an injury as life-altering as a traumatic brain injury, it’s understandable that a lawsuit is not your first priority. 

However, there are two important factors to keep in mind.

First, the work of a lawsuit is your lawyer’s job, not yours—we gather evidence and information, we engage in any negotiation process, and we meet all the deadlines required on your behalf. 

Second, those deadlines may be closer than you think, and if the “statute of limitations” or deadline to initiate a lawsuit or action runs out, you could miss your chance for justice permanently.

Settlements and Verdicts We’ve Won in San Diego Anoxic Brain Injury Cases

Winning a case for an anoxic brain injury means more than just numbers; it’s about making a real difference in people’s lives. Here’s a look at the standout settlements and verdicts we’ve achieved, showing how we’ve turned hard work into real support for those who need it most: 

• $4,950,527 in a case where a San Diego Kaiser hospital missed a dislodged endotracheal tube, which caused a 17-year-old stabbing victim to suffer an anoxic brain injury.

• $15,000,000 for an engineer at a San Diego powerplant who suffered third-degree burns and brain injury due to a defective weld that caused a reheat steam pipe to burst.

• $1,300,000 in a case involving a failed forceps delivery and delay in performing a C-section, which led to a brain injury in a baby born with the umbilical cord wrapped twice around his head.

A San Diego Anoxic Brain Injury Law Firm Can Support You

Even though the human brain is encased in a strong, protective skull, it can be severely injured when there is a lack of blood flow or oxygen. The damage can range from subtle memory problems to an inability to care for oneself at all (feed, bathe, clothe). 

To ensure your or your loved one’s care needs are fully met, a lawsuit can be a pathway to the money needed for such long-term care.

Despite the brain’s remarkable ability to heal, dedicated care can sometimes lead to impressive recoveries after an anoxic brain injury. By choosing to file a lawsuit, you could open the door to real hope and new possibilities for your future, starting today.

Why Hire Vaage Law

Vaage Law was founded by Robert Vaage, who has over three decades of experience in personal injury law. Our firm has recovered over $175 million for our clients, thanks in part to our deep understanding of the law surrounding brain injuries and long-term care needs.

Don’t delay getting the proper care for an anoxic brain injury. One phone call can quickly remove the stress and worry you’ve been dealing with alone and start the ball rolling towards tangible improvements to your life and the dignity and comfort of your loved one.

Contact Vaage Law online or call (619) 338-0505 to discover how our team can help you take legal action after an anoxic brain injury.

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To learn about your options and rights as an injured victim, please contact our office as soon as possible.