A Diffuse Axonal Injury (DAI) in a California personal injury case is one of the most severe forms of traumatic brain injury (TBI), often resulting in permanent disability, coma, or even death. If this type of injury was caused by another party’s negligence, recklessness, or intentional act, you may be entitled to significant compensation under California law.
Let’s break it down so you understand both the medical gravity and the legal strategy behind a DAI personal injury claim.
🧠 What Is a Diffuse Axonal Injury (DAI)?
A DAI is caused by strong rotational or acceleration/deceleration forces—like what happens during:
- Car or motorcycle crashes
- Falls from height
- Assaults involving blunt trauma
In a DAI, the brain shifts violently inside the skull, tearing microscopic nerve fibers (axons) throughout multiple brain regions. It may not always show up on CT scans, but it results in:
- Coma or unconsciousness (sometimes immediate and prolonged)
- Permanent cognitive or motor impairment
- Difficulty speaking or understanding
- Memory problems
- Emotional and behavioral changes
⚖️ Legal Basis for a California Personal Injury Case
You may have a valid personal injury claim if your DAI was caused by:
- Negligent drivers (e.g., speeding, texting, DUI)
- Unsafe premises (e.g., poor lighting, lack of fall protection)
- Defective products (e.g., faulty helmets or airbags)
- Negligent supervision (e.g., in schools or sports)
- Physical assault
📋 Elements You Must Prove
To win your case in California, your attorney must show:
- Duty: The other party had a legal duty to act with reasonable care.
- Breach: They breached that duty.
- Causation: Their actions (or failure to act) directly caused the DAI.
- Damages: You or your loved one suffered substantial losses (medical, financial, emotional, etc.).
💰 What Damages Can You Recover?
DAIs often lead to long-term or lifelong disabilities, so the compensation can be substantial:
🔹 Economic Damages
- Hospitalization and ICU stays
- Advanced imaging, surgeries, and neurological care
- Long-term rehab and therapy (physical, occupational, cognitive)
- Lost income and future loss of earning capacity
- Home care, nursing, or assistive devices
- Modifications to home or vehicle
🔹 Non-Economic Damages
- Pain and suffering
- Emotional distress or mental anguish
- Cognitive and behavioral changes
- Loss of enjoyment of life
- Loss of consortium (for a spouse/partner)
🔹 Punitive Damages
If the injury was caused by gross negligence or intentional conduct (e.g., a drunk driver or violent attacker), you may also seek punitive damages.
⏳ Statute of Limitations in California
- [Generally] 2 years from the date of injury to file a personal injury lawsuit
- 6 months to file a claim if a government agency (e.g., public school, city) is involved
- Delayed discovery rule may extend the deadline if the full extent of the DAI wasn’t immediately obvious
🧾 Proving a Diffuse Axonal Injury
DAIs are invisible on many standard scans, so legal proof often depends on:
- MRI with DTI (diffusion tensor imaging) – specialized imaging that can detect DAI
- Neuropsychological evaluations
- Expert testimony (neurologists, rehab doctors)
- Medical records and trauma assessments
- Statements from family, coworkers, or therapists documenting changes in behavior, memory, or function
👩⚖️ Why You Absolutely Need a Lawyer
DAI cases are complex, and insurance companies often:
- Dispute the severity of the injury (because it may not show up on CT scans)
- Claim symptoms are pre-existing or psychological
- Push for lowball settlements early on
An experienced California brain injury attorney can:
- Work with medical experts to prove the DAI
- Calculate long-term damages (financial, emotional, cognitive)
- Negotiate hard or go to trial if necessary
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”]].