A subdural hematoma in a California personal injury case is a high-stakes, medically serious condition that can support significant compensation if it was caused by someone else’s negligence. Because this injury involves bleeding around the brain, it’s often life-threatening and can result in long-term cognitive or physical impairments—making legal claims especially critical.
Here’s everything you should know if you or someone you love suffered a subdural hematoma in California:
🧠 What Is a Subdural Hematoma?
A subdural hematoma is bleeding between the dura mater (the outer protective covering of the brain) and the brain itself, usually due to a head injury. Blood collects and creates pressure on the brain, which can lead to:
- Brain swelling
- Coma
- Seizures
- Permanent brain damage
- Death (if untreated)
There are three types:
- Acute – develops quickly after severe trauma; often life-threatening
- Subacute – develops over days to weeks
- Chronic – may develop slowly over weeks/months, especially in older adults
⚖️ Subdural Hematoma in a California Personal Injury Case
You may have a strong legal claim if your injury was caused by someone else’s:
- Negligence (e.g., unsafe premises, careless driving)
- Recklessness (e.g., speeding, distracted driving)
- Intentional harm (e.g., assault)
- Failure to act (e.g., not calling for medical help after a known head injury)
Common causes in legal cases:
- Car, truck, or motorcycle accidents
- Slip and fall or trip and fall accidents
- Sports injuries (including school liability)
- Assaults or physical attacks
- Nursing home abuse or neglect
📋 Legal Elements You Must Prove
To win a personal injury case in California, you generally need to prove:
- Duty: The other party had a legal obligation to act reasonably or safely.
- Breach: They violated that duty.
- Causation: That breach directly caused the subdural hematoma.
- Damages: You suffered measurable harm (physical, emotional, financial).
💵 Compensation You Can Recover
Because subdural hematomas are often catastrophic injuries, compensation in these cases can be substantial.
🔹 Economic Damages:
- Emergency medical care
- Brain surgery (e.g., craniotomy or burr hole drainage)
- ICU or hospital stays
- Long-term rehab and follow-up
- Lost income or diminished earning ability
- In-home or long-term care
🔹 Non-Economic Damages:
- Pain and suffering
- Loss of enjoyment of life
- Cognitive, speech, or motor function impairment
- Emotional trauma (including anxiety, depression)
- Loss of companionship or consortium (for family members)
🔹 Punitive Damages:
If the injury was caused by gross negligence or intentional conduct (e.g., DUI or assault), courts may award punitive damages to punish the wrongdoer.
⏳ California Statute of Limitations
- [Generally] 2 years from the date of the injury for most personal injury claims
- 6 months if the defendant is a government entity (e.g., city, school, police department)
- Delayed discovery rule may apply if the injury wasn’t immediately detected (common in chronic subdural hematomas)
🧾 Evidence to Prove a Subdural Hematoma Case
Medical Documentation:
- CT or MRI scans
- Hospital and ER records
- Neurosurgeon or neurologist reports
- Follow-up evaluations and cognitive testing
Other Useful Evidence:
- Accident reports
- Eyewitness or expert testimony
- Photographs or surveillance footage
- Symptom logs or journals
- Statements from family, friends, or employers about changes in behavior or ability
👨⚖️ Do You Need a Lawyer?
Yes—without question. Subdural hematoma cases are medically complex, and insurance companies often:
- Downplay the severity of the injury
- Offer lowball settlements
- Try to shift blame or responsibility
A California brain injury attorney can build a strong case using expert witnesses, coordinate ongoing medical evaluations, and fight for the full compensation you deserve.
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].