A brain stem injury is one of the most severe and life-altering injuries in any California personal injury case. Because the brain stem controls vital functions such as breathing, heart rate, consciousness, and motor coordination, damage to this area often results in catastrophic consequences — sometimes including paralysis, coma, or even death. If this injury was caused by another person’s negligence, California law allows victims or their families to pursue substantial compensation.
🧠 What Is a Brain Stem Injury?
The brain stem is the lower part of the brain, connecting to the spinal cord. It includes three main parts:
- Midbrain
- Pons
- Medulla oblongata
These structures regulate:
- Breathing and heart rate
- Consciousness and sleep cycles
- Motor control and coordination
- Swallowing and speech
- Eye movements
- Sensory processing
🩻 Common Causes in Personal Injury Cases:
- Traumatic Brain Injury (TBI) from car crashes, falls, or assaults
- Whiplash or cervical spine trauma affecting the lower brain regions
- Blunt force trauma to the back of the head or neck
- Penetrating injuries (e.g., gunshot or stab wounds)
- Medical malpractice (e.g., surgical errors, oxygen deprivation)
- Sports or diving injuries
⚖️ Legal Relevance in a California Personal Injury Claim
A brain stem injury almost always qualifies as a catastrophic injury under California law, due to the profound and long-term effects on a person’s health, independence, and life expectancy.
To succeed in a lawsuit, the plaintiff must prove:
- The defendant owed a duty of care
- The defendant breached that duty
- The breach directly caused the brain stem injury
- The plaintiff suffered damages as a result
💰 Damages You May Recover
Due to the severity and permanence of these injuries, the damages can be extensive and may include:
🔹 Economic Damages
- Hospitalization (ICU, surgery)
- Long-term rehabilitation and physical therapy
- In-home nursing care or skilled nursing facility
- Respiratory support (ventilators, tracheostomy care)
- Communication aids or mobility devices
- Loss of income and future earning capacity
- 24/7 life care plans (millions over a lifetime)
🔹 Non-Economic Damages
- Pain and suffering
- Loss of independence or mobility
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (for spouses or family)
🔹 Punitive Damages
May apply if the injury was caused by gross negligence or intentional misconduct (e.g., drunk driving, assault).
🧾 Proving a Brain Stem Injury
Given the complexity of brain injuries, strong medical and expert evidence is essential.
✅ Key Documentation Includes:
- MRI, CT scans, or PET imaging showing injury to the brain stem
- Neurological assessments (including Glasgow Coma Scale scores)
- EEG and brain activity monitoring
- Medical expert testimony
- Speech, occupational, and physical therapy evaluations
- Testimony from caregivers and family members
👨⚖️ Why You Should Work With a Brain Injury Lawyer
Brain stem injuries are high-value, high-stakes cases — often involving complex medical care and aggressive insurance defense. A skilled California personal injury attorney can:
- Coordinate top medical and life care experts
- Establish a full picture of long-term needs and expenses
- Handle insurance negotiations or trial litigation
- Advocate for maximum compensation, including pain and suffering
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”]].