An epidural hematoma in a California personal injury case is an extremely serious and potentially life-threatening injury that can lead to significant compensation—especially if it was caused by another party’s negligence or intentional wrongdoing. Because of the high-risk nature of this type of brain injury, these cases often involve large financial settlements or court awards, particularly when there is permanent impairment or death.
Let’s break it all down clearly:
🧠 What Is an Epidural Hematoma?
An epidural hematoma is bleeding between the skull and the outermost layer of the brain’s protective covering (the dura mater). It’s usually caused by:
- A skull fracture that tears a blood vessel
- Severe blunt force trauma to the head
- Accidents involving rapid acceleration-deceleration (e.g., car crashes)
This type of injury can rapidly increase pressure on the brain, leading to:
- Loss of consciousness (often with a “lucid interval” in between)
- Seizures
- Coma
- Brain herniation
- Death (if not treated quickly)
⚖️ When You Can File a Personal Injury Case
In California, you can file a personal injury claim if your epidural hematoma was caused by someone else’s:
- Negligence – unsafe driving, failing to maintain property, etc.
- Recklessness – speeding, failing to supervise children/sports players
- Intentional acts – physical assault or abuse
Common scenarios include:
- Car or motorcycle accidents
- Falls (slip/trip and fall)
- Assaults or blunt force trauma
- Sports injuries (especially school/supervised sports)
- Defective helmets or protective gear
📋 What You Must Prove (Elements of the Case)
To recover damages in a California personal injury case, you must show:
- Duty of care – The defendant had a legal duty (to drive safely, maintain premises, supervise, etc.).
- Breach of duty – They failed to meet that standard.
- Causation – That breach led directly to your epidural hematoma.
- Damages – You suffered measurable harm: medical bills, lost income, emotional and physical trauma.
💰 Damages You May Recover
Epidural hematomas often require emergency surgery (like a craniotomy) and extensive recovery time. Your compensation can include:
🔹 Economic Damages:
- ER treatment and brain surgery
- ICU and hospital stays
- Rehab and ongoing medical care
- Lost income and reduced earning potential
- In-home care, equipment, or long-term care
🔹 Non-Economic Damages:
- Pain and suffering
- Emotional distress or PTSD
- Loss of enjoyment of life
- Permanent brain damage or disability
- Cognitive, speech, or motor skill impairment
🔹 Punitive Damages:
If the injury was caused by gross negligence or intentional harm (e.g., DUI crash or assault), courts may award additional punitive damages.
⏳ California Statute of Limitations
- [Generally] 2 years from the date of injury to file a personal injury lawsuit
- 6 months to file a claim if a government entity is involved (like a public school or city)
- Delayed discovery rule may apply if the injury wasn’t immediately known (rare with epidural hematomas, but possible)
🧾 Evidence to Support Your Case
To win a claim involving an epidural hematoma, you need strong medical and factual evidence, including:
- CT scans or MRI results
- Neurosurgeon or neurologist reports
- Hospital and ER records
- Documentation of cognitive or physical changes
- Eyewitnesses or video footage (e.g., of the incident)
- Wage loss verification and therapy costs
👨⚖️ Why Legal Help Is Critical
An epidural hematoma case isn’t something you want to face alone. These injuries are complex, and insurance companies often:
- Try to minimize the injury
- Offer quick, low settlements
- Shift blame or delay the process
A skilled California brain injury attorney will understand the medical details, work with expert witnesses, and fight for the maximum compensation you deserve—especially if the effects are long-term or life-altering.
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”]].