Brain Injury - Walton Law Firm

School Sports Injuries in Poway: Navigating Liability and the “Assumption of Risk”

North County Injury Lawyers — Mon, 09 Feb 2026 19:19:16 GMT

High school sports are a cornerstone of student life in Poway and across North County. While these programs build character and fitness, they also carry inherent physical risks. When a student-athlete suffers a debilitating injury—such as a traumatic brain injury (TBI) or a severe fracture—parents often find themselves wondering: Is the school responsible, or did my child “sign away” their rights by playing?

Understanding school liability in California requires navigating a complex legal landscape, particularly the defense known as the Assumption of Risk.

Overcoming the “Assumption of the Risk” Doctrine

In California, most sports-related lawsuits face a significant hurdle: Primary Assumption of Risk. This legal doctrine suggests that by choosing to participate in a sport, the athlete (and their parents) accepts the inherent dangers of that activity. For example, a soccer player assumes the risk of an accidental collision.

However, this is not a “get out of jail free” card for schools. To hold a school or district liable, we must demonstrate that the school’s conduct increased the risk of injury beyond what is inherent to the sport. Examples of overcoming this doctrine include:

Failure to Supervise: Coaches failing to monitor drills or allowing “hazing” rituals.
Defective Equipment: Providing helmets or pads that are outdated or broken.
Environmental Hazards: Forcing students to play on unsafe surfaces (e.g., fields with hidden holes or extreme heat without water breaks).
Gross Negligence: Pushing an athlete to perform a maneuver that is clearly beyond their skill level or dangerous for their age group.

The Role of Athletic Trainers and Concussion Protocols

Research indicates that high schools with certified athletic trainers on staff see significantly fewer injuries. While trainers are a vital safety net, their presence (or absence) can also be a focal point of liability:

Failure to Diagnose: If a trainer or coach fails to recognize signs of a concussion and returns the student to play, the school may be liable for “Second Impact Syndrome” or aggravated TBI.
Statutory Violations: California law (such as AB 2127) strictly regulates how schools handle concussions. If a school fails to follow these mandatory protocols, the Assumption of Risk defense often crumbles.

High-Risk Sports: By the Numbers

According to the CDC, certain sports carry a disproportionate share of the risk for emergency room visits and TBIs:

Sport Category	Primary Risks
Boys’ Tackle Football	Highest rate of head impacts and overall injuries.
Girls’ Soccer	Leading cause of concussions in female athletics.
Wrestling & Lacrosse	High frequency of fractures and TBIs.
Basketball	Common site for ligament tears and floor-impact injuries.

Holding Schools Accountable in Poway

If your child was injured, the school district may argue that the injury was “just part of the game.” Our job is to prove otherwise. Whether it was a coach ignoring a heat warning, a trainer failing to pull a dizzy player from the field, or a district failing to maintain its facilities, these are not “inherent risks”—they are negligence.

Contact North County Injury Lawyers Today

If your child sustained a serious injury while playing school sports in Poway, don’t assume you have no recourse. We can help you evaluate the facts and determine if the school increased the risks to your child.

Would you like me to draft a checklist of questions you should ask your child’s coach or trainer following an injury to help document the incident?

Why the Severity of a Brain Injury Matters

North County Injury Lawyers — Mon, 14 Jul 2025 16:29:59 GMT

Brain injuries in Vista can occur in many different types of circumstances, with some being classified as mild in terms of severity and others as moderate or severe. These injuries most commonly result from car accidents, falls, and assaults. Generally speaking, as the Mayo Clinic explains, a traumatic brain injury or TBI, regardless of its severity, typically “results from a violent blow or jolt to the head or body.” As such, even a mild TBI, also known as a concussion, needs to be taken seriously. More severe TBIs can have greater consequences in both the short term and long term, although a TBI of any severity “can have wide-ranging physical and psychological effects,” the Mayo Clinic reports.

Given that even minor TBIs are serious, does the medical severity of a brain injury matter? According to new research published in the journal Lancet Neurology, identifying the severity of a brain injury is crucial in order for a patient to receive appropriate treatment. And correct identification may involve a shift away from those classifications of mild, moderate, and severe. Our Vista brain injury attorneys can explain in more detail.

Assessing the Framework for Classifying the Severity of a TBI

For more than five decades, health care providers have relied largely on a classification system known as the Glasgow Coma Scale to determine the severity of a patient’s brain injury when they present with a TBI. That classification system is where the three general categories of mild, moderate, and severe come from. Once a patient is classified as having a mild, moderate, or severe TBI, that diagnosis then has an enormous impact on the treatment they receive. However, according to new research, that classification system might not actually be working well.

According to a report on the new research from the UCSF Weill Institute for Neurosciences, “there are patients diagnosed with concussion whose symptoms are dismissed and receive no follow-up because it is ‘only’ concussion, and they go on to live with debilitating symptoms that destroy their quality of life.” In other words, receiving a “mild TBI” diagnosis does not work for many patients.

Changing the Severity Classification for Brain Injuries

Rather than continuing to rely on the Glasgow Coma Scale, researchers propose a new way of classifying the severity of TBIs given the significant connection between severity diagnosis and proper treatment.

According to the UCSF Weill Institute for Neurosciences report on the study, the newly proposed classification system will use some of the points from the Glasgow Coma Scale but will also rely on the patient’s “consciousness and pupil reactivity,” as well as biomarkers in blood tests and details about how the injury occurred (a fall, for example, versus penetration by a sharp object). The new assessment is part of a three-pillar system that assesses various aspects of a patient’s symptoms to ensure they receive the level of care they need.

Contact a Vista Personal Injury Attorney for Assistance

Brain injuries can vary greatly in terms of their severity, and as the recent study suggests, the severity really does matter. At the same time, even a concussion (or mild traumatic brain injury) can have significant consequences, particularly if a person is repeatedly concussed. If you recently sustained a TBI as a result of another party’s negligence, you may be able to hold that party accountable by filing a personal injury case. One of the experienced Vista brain injury lawyers at our firm can discuss the details of your case with you today. Contact the North County Injury Lawyers to find out more about your options for seeking compensation.

Youth Football Results in High Concussion Rates

North County Injury Lawyers — Mon, 27 Jan 2025 18:16:55 GMT

Teenagers in Poway and throughout Southern California are involved in contact sports at school and in local leagues, putting those teens at risk of concussions. Much of the research over the last decade on concussions, football, and chronic traumatic encephalopathy (CTE) has focused on college and professional athletes and, more recently, high school players. Yet tackle football is not just a sport that athletes begin playing in their later teenage years. Children as young as 5 years old are involved in tackle football leagues, and many continue playing annually up through high school and into college. Those kids may sustain multiple concussions before they even reach middle school. And, according to a recent study published in The Journal of Pediatrics, about 5 out of every 100 players aged 5 to 14 suffers a concussion every season.

What else should you know about traumatic brain injuries and very young football players? Our Poway brain injury lawyers can tell you more about the recent study and can discuss your legal options if your child sustained a concussion while playing tackle football or another contact sport.

Tracking Concussions in Elementary and Middle School Football Players

The recent study on concussions among younger tackle football players begins by emphasizing that head injuries in this age group have proven more difficult to track than traumatic brain injuries (TBIs) in older football players and other contact sport athletes. Indeed, as the authors of the study explain, up until their work, estimates of concussions among football players in this age group were thought to be lower than they actually are. The low and inaccurate estimates of TBIs in this age group of football players are likely due to the lack of a system for properly tracking concussions.

Team managers and coaches are primarily tasked with keeping track of head injuries among tackle football players between the ages of 5 and 14, but those reports have proven incomplete, according to a recent study. Among older football players, athletic trainers are tasked with keeping close track of brain injuries, and the study suggests that younger players also need athletic trainers. That recommendation has been echoed by the American Academy of Pediatrics. As a press release on the new study underscores, “without a medical professional on the sidelines, it is likely that some child players with concussions go undiagnosed.”

What the New Research Tells Us

Just how common are concussions in child football players, and how serious are the injuries? There are more than 400,000 kids across the country starting at age 5 who play tackle football in Pop Warner leagues, and according to the study, about 5% of them are concussed every year.

As the Boston University CTE Center underscores, younger kids who sustain concussions are actually at increased risk of immediate harm and long-term damage due to the developing nature of their brains. In particular, kids between the ages of 5 and 8 are more likely to sustain more severe injuries because of the size of their brain and head in relation to the rest of their body, and concussions are linked more often to “impulsive behaviors and cognitive problems.”

Contact a Poway Brain Injury Attorney Today for Assistance

Was your child injured with a concussion while playing youth football or another contact sport? If so, the league, a coach, or another party could be liable for harm. As researchers learn more about the dangers of sports-related concussions, it is important for parents and caregivers to ensure that any negligent coaches or sports doctors are held accountable. One of the experienced Poway brain injury lawyers at our firm can speak with you today about your case and your options. Contact the Walton Law Firm for assistance and additional information.

See Related Blog Posts:

How Does California Law Define Negligence?

What is the Difference Between Negligence and Strict Liability in Personal Injury Cases?

Should Youth Tackle Football Be Banned to Prevent Concussions?

North County Injury Lawyers — Fri, 05 Jul 2024 10:45:37 GMT

Children and young adults can sustain traumatic brain injuries (TBIs) in various ways, from motor vehicle collisions and bicycle accidents to recreational activities and sports. TBIs and concussions, in particular, are notably dangerous because they can have long-term consequences, especially when kids sustain multiple concussions. While TBIs in various types of accidents are always preventable (meaning that they can be avoided if all parties drive safely and avoid negligent behaviors), many safety advocates emphasize that there is a clear way to prevent concussions in youth sports: ban tackle football. Recently, there was a legislative effort in California to ban tackle football for children under the age of 12, which was ultimately rejected.

Should younger kids be able to play tackle football? Data from the CDC suggests that it is especially dangerous. Our Rancho Bernardo personal injury attorneys can tell you more.

Proposed Legislation to Ban Tackle Football in California

California legislators put forward a proposal to ban tackle football in California for kids under the age of 12, but Governor Gavin Newson indicated he would not sign it if it came to his desk, making clear that the bill would fail. But what did the legislators intend to do, and would this type of law reduce brain injuries among youth athletes?

The proposal aimed to “gradually ban tackle football for children under 12 by 2029,” according to ESPN, and it cleared an initial legislative committee after it was put forward. The author of the proposal, Kevin McCarty, issued a written statement indicating that he would not push the proposal forward without support from the governor, but said: “I do look forward to the Governor’s invitation to work on ways to better protect our youngest athletes and keep them safe from repetitive head hits which can cause chronic traumatic encephalopathy (CTE).” The governor promised to improve safety in youth football “while ensuring parents have the freedom to decide which sports are most appropriate for their children.”

Getting the Facts About Tackle Football and Youth Athletes

The proposal intended to have younger kids play flag football at least until the age of 12 in order to avoid concussions, including repetitive concussions, given that head impacts continue to occur with frequency among teen football players. Indeed, a study from the Centers for Disease Control and Prevention (CDC) emphasizes that there is an urgent need for new efforts to prevent head impacts in youth tackle football. One of the ways of reducing head impacts is, according to the study, to switch to flag football.

The CDC study, which was published in the peer-reviewed journal Sports Health, revealed that kids between the ages of 6 and 14 who play tackle football suffer “15 times more head impacts than flag football athletes during a practice or game.” In addition, kids who play tackle football experience “23 times more high-magnitude head impacts” compared with flag football players. During a given season, youth football players in tackle football sustain a mediation of 378 head impacts for each athlete, compared with a median of 8 head impacts for each athlete in flag football. In sum, the study revealed that flag football could be an alternative to tackle football for younger athletes to reduce concussion rates.

Contact a Personal Injury Lawyer in Rancho Bernado

If your child sustained a brain injury, it is important to reach out to a lawyer for assistance. An experienced Rancho Bernardo personal injury attorney at our firm can assess your case and discuss your options for filing a claim. Contact the Walton Law Firm to get started.

New Study Reveals Alarming Rate of TBIs Among Older Adults

North County Injury Lawyers — Sat, 22 Jun 2024 01:29:28 GMT

Whether you are in a car accident in Poway or injured as a result of a slip and fall accident on hotel property elsewhere in Southern California, you could be at risk of sustaining a head injury. Many recent studies on traumatic brain injuries (TBIs) have focused on both youth athletes as well as adults who have played contact sports and sustained repeated concussions over time. However, a new study published in JAMA Network Open suggests that older adults are also suffering from TBIs at a high rate, and there is an imminent need to consider injury risks among seniors.

What should you know about the recent study? And can older adults seek compensation by filing a brain injury lawsuit? Our Poway brain injury attorneys can tell you more.

High Rate of TBIs Found in Older Adults

The recently published study, conducted by researchers at UC San Francisco and the San Francisco VA Health Care System, reveals that about 13% of seniors are diagnosed with TBIs. To put that number another way, about one out of every eight older adults, with an average age of 75, will be diagnosed with a TBI. What is causing most of these injuries? The answer is usually slips and falls, or ground-level falls.

Same-level falls can occur when an older adult loses their balance or is dealing with mobility issues as a result of a fall out of a chair or out of a bed or because of slipping and tripping hazards on floors and various premises. The authors of the study remarked that the rate of TBIs among the older adult population studied was “shockingly high” and identified white female older adults as those most likely to be diagnosed with a brain injury.

TBIs in Seniors Increase Other Serious Health Risks

While younger people often recover from mild TBIs with proper treatment, these injuries can result in additional and serious health issues for older adults. In other words, suffering a TBI when you are in your 60s, 70s, or older can ultimately mean a reduced quality of life and the possibility of additional diseases that ultimately may be fatal.

According to the authors of the JAMA Network Open study, TBIs that occur in adults aged 65 and up “increase the likelihood of a number of serious conditions, including dementia, Parkinson’s disease, and seizures, as well as cardiovascular disease and psychiatric conditions like depression and anxiety.” Accordingly, it is extremely important to take preventive measures and to hold parties accountable when their negligence causes a TBI in an older adult.

Contact a Brain Injury Lawyer in Poway, California

Brain injuries, including concussions, can affect people of all ages. We know that younger people and adults more broadly can experience long-term harm after sustaining multiple concussions, and the recently published study highlights how older adults are also at great risk of serious consequences from head trauma. If you have an elderly loved one who recently sustained a head injury in a fall or another type of accident, it may be possible to file a personal injury lawsuit against the party or parties who are liable. An experienced Poway injury lawyer can speak with you today about your options. Contact the Walton Law Firm today to learn more about how we can help you.

Brain Injuries and CTE in Kids

North County Injury Lawyers — Sat, 06 Jan 2024 01:35:46 GMT

Brain injuries, including concussions and other forms of traumatic brain injury (TBI) in Carlsbad, do not discriminate based on a person’s age. In other words, a person of any age can sustain a TBI while playing contact sports, in a motor vehicle crash, during a slip and fall, or in a recreational activity. When it comes to concussions and sports, there has been a significant increase in research in recent years concerning the relationship between athletes’ concussions and the later development of the degenerative brain condition known as chronic traumatic encephalopathy (CTE). This condition, CTE, has largely been found in older, former professional athletes posthumously. Research has suggested that multiple concussions early in life might increase the risk of CTE later on, but few studies have addressed the possibility or prevalence of CTE in much younger athletes.

Recently, however, a new report in The New York Times suggests that CTE is impacting athletes at much younger ages than previously assumed. The article says that kids who started playing football as young as 6 years old have died of CTE when they were only in their teens and early 20s.

What is CTE?

CTE, according to the Mayo Clinic, is quite simply “a brain disorder likely caused by repeated head injuries.” As the Mayo Clinic explains, CTE “causes the death of nerve cells in the brain, known as degeneration,” and it “gets worse over time.”

Currently, CTE can only be diagnosed definitively after a person dies, or posthumously.

Researchers Identify CTE in Athletes Under the Age of 30

Researchers at Boston University recently studied the brains of more than 150 young former athletes who played contact sports, all of whom died under the age of 30. The brains included those of both men and women. Many took their own lives, much as other older, former professional athletes have done who have been posthumously diagnosed with CTE.

In total, the researchers examined the brains of 152 young people, and they found that more than 40% had CTE. Of those 152 young people, 63 of them had died with CTE. And many of them — 48 of the 63, or more than 76% — had played youth football. Some of them began playing when they were only in kindergarten, while others began playing contact sports at a slightly later age. Most of these young athletes, according to The New York Times report, never played sports beyond the high school or college level. They experienced CTE symptoms of “impulsivity, moodiness, and memory loss” during their lives, and many had more pronounced symptoms and pervasive suicidal thoughts. The new research underscores just how dangerous sports-related concussions are and how they can have an effect much earlier than previously thought.

Contact a Carlsbad Brain Injury Attorney Today

Concussions and other TBIs are extremely serious injuries, and they are preventable in sports. If you or your child sustained a concussion while playing sports and believe that the injury could have been prevented, it may be possible to file a claim. To be sure, there are many circumstances in which coaches, team physicians, sports facilities, and other parties can be liable for concussions and more serious TBIs that affect athletes of all ages. One of the experienced Carlsbad brain injury attorneys at our firm can speak with you today to discuss your options for seeking financial compensation. Contact the Walton Law Firm to learn more about how we can help.

CTE Impacts Amateur Athletes Beyond Football Players

North County Injury Lawyers — Fri, 27 Oct 2023 13:14:32 GMT

The dangers of concussions and more severe traumatic brain injuries (TBIs) in Poway have been linked to contact sports for a number of years now, but the conversations about sports-related concussions have largely centered around football. Studies have shown, however, that many other contact sports lead to concussions, including soccer, baseball, basketball, gymnastics, and hockey. A recent study reported by BBC News underscores that chronic traumatic encephalopathy (CTE), the degenerative brain condition that has been diagnosed in a wide range of deceased NFL players, is also prevalent in athletes who play other types of contract sports, including soccer and rugby.

The new study underscores the need to take preventive measures concerning sports and concussions and to consider liability when an athlete does suffer a TBI on the field or is later confirmed to have CTE as a result of multiple sports-related concussions. Our Poway personal injury lawyers can say more.

Nearly All Sports Can Result in Concussions and CTE

The key takeaway from the recent report from BBC News is that nearly all sports — and not just football — can result in sports-related concussions and, years down the road, CTE. Indeed, the report discusses a new study out of the University of Glasgow that looked at the donated brains of rugby and soccer players to determine that nearly 68 percent showed signs of CTE. As the report clarifies, CTE “is a brain condition thought to be caused by repeated head injuries and blows to the head,” and it is a condition that “slowly gets worse over time and leads to dementia.

With each year of play, the study suggests, an athlete’s risk of developing CTE increases by 14%. What is particularly notable about the study is that it involved the brains of more than just professional athletes. In fact, almost 75% of the brains studied were those of amateur or club athletes. To put that information another way, the study suggests that even the recreational playing of contact sports can, over time, lead to serious brain trauma that can ultimately result in CTE.

Preventing CTE in Amateur and Professional Athletes

The study underscores a serious need not only to consider the risks of CTE for athletes beyond football players but also to focus on the risks that amateur athletes experience while playing. Youth athletes, including high school and college athletes, could be at increased risk of CTE while playing contact sports in school and continuing to play at a recreational level in adulthood, the study intimates.

The authors of the study recommend looking into new ways to prevent the type of trauma that causes concussions in contact sports. As the lead author of the study explained, it is “the shaking and twisting and rotating of the head thousands of times over decades that’s likely to cause deep damage in the brain.” Accordingly, as BBC News reports, there is a need to look to more preventive devices than just helmets. One possible preventive measure, the report indicates, is “smart mouthguards, which can measure head movements” and improve the overall management of concussions in athletes.

Contact a Poway Personal Injury Lawyer

Were you concussed while playing contact sports, or has your child sustained multiple concussions on the field? The BBC News report underscores that a group of rugby players have recently initiated a lawsuit concerning concussions and brain safety. You may be able to file a claim if you experienced a sports-related brain injury, and an experienced Poway injury attorney can assess your case for you today. Contact the Walton Law Firm for more information.

New Study Suggests Brain Injury May Increase Risk of Brain Cancer

North County Injury Lawyers — Fri, 17 Feb 2023 21:07:34 GMT

If you suffer a brain injury in San Clemente, are you more likely than someone who has not suffered a brain injury to be diagnosed with brain cancer later on? In other words, is there a link between a person sustaining a traumatic brain injury (TBI) and their future risk of brain cancer? According to a recent study published in the journal Current Biology, there may indeed be a link between brain injuries and brain cancer. The study was conducted by researchers at University College London (UCL), and it could have implications for personal injury cases involving brain injuries and brain cancer diagnoses. What do you need to know? Our San Clemente personal injury attorneys can discuss the study with you, as well as its potential implications for a brain injury claim.

Head Injuries Cited as a Contributing Factor to Brain Cancer Diagnoses

The new study was reported in Docwire News, and that site explains that the study is notable because it reveals that “head injuries could be a contributing factor in the development of brain cancer later in life.” To be sure, the researchers determined that “genetic mutations, combined with brain tissue inflammation, changed the behavior of cells, making them more likely to become cancerous.” While previous evidence used to link brain injuries with brain cancer was “inconclusive,” the new study could prove that head trauma can be linked to brain cancer.

More specifically, the researchers suggest that head trauma could be specifically linked to gliomas. As the report from Docwire News clarifies, the study showed that, in the aftermath of a brain injury, “astrocytes can exhibit stem cell-like behaviors and are therefore able to form a tumor.” In addition, the researchers determined that “after brain trauma, the cells had reverted to a stem-like state with markers of early glioma cells that could divide.”

Research May Have Human Implications, Too

While the recent study involved research on mice, the authors of the study also analyzed medical records of people who had sustained brain injuries at various points in their lives. In total, the researchers assessed the medical records of more than 20,000 patients who had suffered a form of head trauma. In looking at those records, they determined that “patients who experienced a head injury were nearly four times more likely to develop brain cancer later in life than those who had no head injury.”

Dr. Simona Parrinello, one of the authors of the study in Current Biology, said: “We know that normal tissues carry many mutations which seem to just sit there and not have any major effects . . . . Our findings suggest that if, on top of those mutations, an injury occurs, it creates a synergistic effect. In a young brain, basal inflammation is low so the mutations seem to be kept in check even after a serious brain injury.” Yet, for older patients, the risk can be more pronounced.

Contact a San Clemente Personal Injury Attorney

Depending upon your circumstances, a party responsible for causing a brain injury could also be liable for a brain cancer diagnosis later on. Whether you have questions about filing a claim or you are ready to get started on your case, our experienced San Clemente personal injury lawyers are here to assist you. Contact the Walton Law Firm today to discuss your case.

New Study Says Three Concussions Likely Will Result in Serious Brain Damage

North County Injury Lawyers — Fri, 03 Feb 2023 16:14:25 GMT

Have you or someone you love sustained a concussion in a motor vehicle collision in Rancho Bernardo or another type of accident in Southern California? Whether you or a loved one recently sustained a concussion in an accident for the first time or now suffered a subsequent concussion, you may wonder: how many concussions are too many before I experience long-term damage? To be clear, even a single concussion can have long-term consequences, and you should certainly speak with a Rancho Bernardo brain injury attorney if you have suffered a concussion in an incident resulting from another party’s negligence or intentional act.

Multiple concussions tend to put a person at greater risk for serious brain damage and neurological issues in the future. A new study suggests that “three concussions seems to be a turning point for brain issues, and further injury worsens symptoms.”

Our Southern California injury lawyers want to discuss the study and its potential implications for people who have sustained concussions and other forms of traumatic brain injury (TBI).

Brain Injuries Can Cause Long-Term Damage

There are many different types of accidents and incidents in which people tend to suffer TBIs. As you may know, concussions are mild TBIs, while more dangerous TBIs are classified as moderate or severe TBIs. Yet even concussions — including a single concussion — can have consequences later in life. In addition, a single moderate or severe TBI is likely to result in life-long brain problems.

A recent study conducted by researchers at the University of Oxford, the University of Exeter, and Kings College London looked at the long-term effects of TBIs and just how many head injuries are necessary to cause long-term issues. Their findings were published in the peer-reviewed Journal of Neurotrauma.

Any Concussion is an Issue, But Three or More Could Be a “Turning Point”

An article in Insider discussed the recent study. It noted how the researchers determined that “just one moderate-to-severe concussion, or multiple milder concussions, can cause lasting issues with memory and attention later in life.” If a person sustains an additional TBI, their symptoms will likely worsen. Yet perhaps most notably, the researchers found that “experiencing three mild concussions is linked to worse attention span and problem-solving ability,” while “experiencing four or more concussions was linkd to memory problems and slower processing speed.”

The study emphasizes that people at a higher risk of concussions and other TBIs — as a result of their jobs or as a result of their participation in certain contact sports or recreational activities — need to consider preventive measures more carefully. Indeed, as the Insider article underscores, people at high risk and people at any risk need to take “proactive measures” and seek medical attention as soon as they may have sustained a TBI.

Contact a Rancho Bernardo Injury Attorney

Were you injured because of another party’s carelessness or intentionally harmful act? If you sustained a concussion or another type of TBI, you could be eligible to file a brain injury claim. One of our experienced Rancho Bernardo brain injury attorneys can help. Contact the Walton Law Firm today to get started on your claim.

Common Causes of Traumatic Brain Injuries in Encinitas

North County Injury Lawyers — Fri, 05 Aug 2022 15:48:16 GMT

Traumatic brain injuries (TBIs) in Encinitas have a wide range of causes, and in many head trauma cases, another party may be liable. Brain injuries can vary widely in terms of their severity, with some patients recovering relatively quickly from TBIs and others requiring years of recovery. Under certain circumstances, a person who sustains a TBI may not recover fully, even with proper medical care and rehabilitation therapy. As the Mayo Clinic explains, brain injury symptoms will depend upon whether you have suffered a minor, moderate, or severe TBI, and the severity of the injury will also play a key role in determining available treatments. Throughout the recovery process, it is important to remember that you may be able to hold the at-fault party accountable for your brain injury.

How do brain injuries happen and who may be liable? Consider the following common causes cited by the Mayo Clinic.

Motor Vehicle Collisions

Traffic collisions, including accidents involving bicyclists and pedestrians, are among the most common causes of TBIs in people of all ages. When another motorist’s negligence causes a collision in which a person suffers a TBI, it may be possible to file a car accident lawsuit against that negligent driver.

Recreation and Sports Accidents

Recreational activities like zip-lining, as well as youth and adult sports, are frequent causes of traumatic brain injuries. In particular, recreational sports that involve contact can cause jolts or blows to the head or shoulder that can result in a concussion, which is a type of mild TBI. Multiple parties may be liable in these cases, from coaches to facilities where the injury occurred.

Assault and Battery

Assault and battery cases—involving intentional acts of violence—also commonly result in brain injuries. Regardless of whether the at-fault party is held criminally liable, you could be eligible to file a civil lawsuit against them for a brain injury.

Slips and Falls

The Mayo Clinic reports that falls frequently cause traumatic brain injuries, although older adults and young children tend to suffer TBIs in falls more often than people of other ages. Falls in general are also a major cause of death due to traumatic brain injuries, particularly among older adults. When elderly people fall, they can sustain injuries that limit their mobility significantly and cause substantial cognitive impairment. Yet it is also important to remember that falls can result in serious or deadly brain injuries among people of any age group. According to the U.S. Centers for Disease Control and Prevention (CDC), falls are the second-leading cause of TBI-related deaths in the country. These deadly falls can happen at workplace such as construction sites, in nursing homes, and even on playgrounds.

Contact an Encinitas Personal Injury Attorney

If you or your child sustained a brain injury in an accident or as a result of an intentional act of violence, it is important to learn more about filing a claim for financial compensation. One or more parties ultimately could be liable for a TBI, from a negligent motorist who causes a traffic crash or a pedestrian accident to a party who commits an intentional act of violence.

By filing a civil lawsuit, you can seek monetary damages to help cover your losses, such as the cost of your medical bills and your lost wages. One of the experienced Encinitas personal injury attorneys at our firm can help you. Contact the Walton Law Firm today for more information about filing a traumatic brain injury claim.

Three Things to Know About Liability for a Traumatic Brain Injury in San Clemente

North County Injury Lawyers — Fri, 21 Jan 2022 14:30:08 GMT

Traumatic brain injuries (TBIs) should always be taken seriously in San Clemente, whether a concussion occurs on a sports field or a vehicle occupant sustains head trauma in a car crash. According to the U.S. Centers for Disease Control and Prevention (CDC), traumatic brain injuries “affect how the brain works,” and they are “a major cause of death and disability in the United States.” On average, 166 Americans suffer fatal brain injuries every day, and more than 223,000 people have to be hospitalized with TBIs each year. Who is liable when these injuries occur?

Responsible Party Will Depend Upon the Specific Facts of Your Case

The party or parties responsible for a TBI will depend upon the specific facts of your case. The CDC reports that approximately 15% of high school kids in the U.S. report sustaining at least one concussion in sports or recreation activities, in which case the educational institution or a coach may be liable. At the same time, studies also show that motor vehicle collisions and falls are leading causes of brain injuries, which could result in a motorist or a property owner being responsible for paying damages.

Comparative Fault Could Affect Liability and Your Damages Award

Could your own negligence affect the at-fault party’s liability for a brain injury? California uses a pure comparative fault model, which means that the at-fault party will not stop being liable altogether. However, if a court determines that you are partially to blame for your TBI, your damages award could be diminished by your portion of fault. To be clear, however, the defendant can still be liable and responsible for paying damages.

You Will Only be Able to Hold Another Party Accountable if You File Your Claim on Time

You should know that, even if you have clear evidence of another person’s or entity’s liability for a traumatic brain injury, you will only be able to hold that party accountable and to obtain damages if you file your lawsuit within the time window set by California law. The statute of limitations for personal injury lawsuits is two years in most cases. What this means is that you must file your brain injury lawsuit within two years from the date of the TBI, or else you may lose your ability to seek compensation by allowing your claim to become time-barred.

Our firm knows that some people do not develop serious consequences of multiple concussions or other TBIs until many years later, especially in the case of chronic traumatic encephalopathy (CTE) and other degenerative brain conditions that may arise after multiple concussions, especially in contact sports. A San Clemente TBI lawyer at our firm can evaluate your claim and discuss the California personal injury statute of limitations with you.

Contact Our San Clemente Brain Injury Attorneys

If you or someone you love recently sustained a brain injury and you believe another party may be liable, you should seek advice from an experienced San Clemente brain injury lawyer who can help. Contact the Walton Law Firm to learn more about the services we provide to plaintiffs with traumatic brain injuries.

New California Brain Injury Research Focuses on Moderate Concussions

North County Injury Lawyers — Thu, 10 Jun 2021 16:06:23 GMT

Traumatic brain injuries (TBIs) in Encinitas, from mild TBIs like concussions to severe head trauma, can result in life-long disabilities and other limitations. According to a recent study at the University of California, Riverside, researchers have begun an initiative to focus on moderate concussions in order to gain a better understanding of the long-term effects of more serious concussions and the ways in which those brain injuries can result in other debilitating conditions. The results of the study may be able to help athletes who suffer repeat concussions, as well as other people who sustain moderate concussions in motor vehicle collisions, pedestrian and bicycle accidents, and recreational activities.

Learning More About the UC Riverside Concussion Research

The new study, which will be based in a UC Riverside lab, will happen through a five-year renewable grant of more than $2.3 million, according to a UC Riverside press release. According to Viji Santhakumar, an associate professor of molecular, cell and systems biology who is leading the study, “we expect this research project will provide fundamental insights into how memory deficits and epilepsy develop after brain injury.” Santhakumar further explains how the research will “help us identify potential early therapies to prevent the development of epilepsy as well as memory and cognitive issues after brain injury.”

Santhakumar’s lab, which will house the study, engages in research on “how inflammatory responses after brain injury contribute to the creation of abnormally connected neurons, and whether this compromises critical memory processing functions.” As the press release notes, concussions are one form of traumatic brain injury, and although many are not immediately life-threatening, especially in the short term, they do often impact a person’s brain function. Indeed, concussions, including mild and moderate concussions, can result in debilitating symptoms.

Understanding Moderate Concussions

What is a concussion, exactly, and what are the differences among mild, moderate, and severe concussions? The American Association of Neurological Surgeons (AANS) defines a concussion as “an injury to the brain that results in temporary loss of normal brain function,” which is “characterized by immediate transient alteration in brain function, including alteration of mental status or level of consciousness, that results from mechanical force or trauma.” Concussions can result from a “direct trauma to the head,” according to the AANS, as well as from “rapid acceleration-deceleration of the head, such as in whiplash injuries or blast injuries.”

Mild concussions, in most cases, have symptoms that recede shortly, usually within hours or days, and do not involve the injured person losing consciousness. Moderate concussions tend to be similar to mild concussions in type of symptoms, but the symptoms frequently last longer and are more severe. Such symptoms may include headaches, nausea, dizziness, memory loss, ringing in the ears, and even a temporary loss of consciousness. Severe TBIs frequently involve an extended loss of consciousness and much more severe symptoms that can, in some cases, be permanent. The UC Riverside study will focus largely on moderate concussions, but the research ultimately could have implications for different concussion classifications.

Contact an Encinitas Brain Injury Lawyer

If you need assistance filing a brain injury claim, one of our experienced Encinitas personal injury attorneys can assist you. Contact the Walton Law Firm to learn more.

Kids With Concussions Need More Healing Time, Study Says

North County Injury Lawyers — Sat, 28 Nov 2020 01:35:33 GMT

If your child or teenager currently plays a sport in San Clemente in which there is a risk of a concussion or another type of head injury, you probably have some background knowledge about kids and concussions. In recent years, research into sports-related concussions has shown the serious risks that children and teenagers face from concussions on the field, and the ways in which those concussion injuries, especially if they are repeat injuries, can have long-term consequences for the child into adulthood. In response to sports-related concussion research, coaches and schools in California and across the country changed protocols for injuries, requiring children and teens to take a certain amount of time away from games and practices until a head injury heals.

However, according to an article in Medical Daily, recent research published in the journal Orthopedics suggests that kids need significantly more time to heal than previous researchers suggested. Indeed, according to the authors of the study, teens who sustain sports-related concussions need at least a month away from any play to heal properly, and most teenage athletes are not taking that kind of time.

Concussions in Teenagers Heal Slowly

The recent study was conducted by researchers in orthopedic surgery and sports medicine at Henry Ford Hospital in Michigan. The study involved 357 high school students who had an average age of 15.5 years. A majority (62%) of those students studied were males. The researchers observed these teenagers, who were involved in sports, for more than three years from September 2013 until December 2016. They analyzed data from the teen athletes who sustained concussions and compared that information with previous research on high school sports-related concussions.

Of the 357 high schoolers, the researchers determined that 33% of them experienced sports-related concussions, and 14% of them experienced amnesia as a result of their traumatic brain injuries. On average, the teens who sustained concussions—both minor and more severe—during the three-year period required more than 30 days to heal fully before getting back to their respective sports. If the teenager’s concussion was a recurrent or subsequent concussion, meaning that the high schooler had previously sustained another concussion, the average healing time was significantly longer.

Teens Athletes Need More Time Off the Field

A majority of the teen athletes suffered concussions in football (nearly 28%), but more than 70% of the other reported concussions occurred in sports like baseball, hockey, and soccer. Without a month or more of healing time, teens can suffer serious long-term consequences that could be avoided with more time away from the game.

The takeaway message from the study is that teen athletes who sustain concussions need more time off the field to heal than they currently take. As the Medical Daily article underscores, “even though concussions are considered mild traumatic brain injuries, they are serious and should be treated seriously.”

Contact a San Clemente Brain Injury Attorney

If you have questions about traumatic brain injury claims or need assistance with a concussion lawsuit, one of the experienced San Clemente brain injury lawyers at our firm can talk with you today about your case. Contact the Walton Law Firm for more information.

New Study Shows Higher Rates of Fall-Related TBIs in the United States

North County Injury Lawyers — Fri, 03 Apr 2020 15:55:34 GMT

Whether you live in Vista or elsewhere in Southern California, it is important to take steps to avoid a serious personal injury. Injuries can happen almost anywhere, and traumatic brain injuries (TBIs) can result from many different types of accidents. Motor vehicle collisions, slips and falls, and other kinds of accidents can lead to severe head trauma. According to a recent report from U.S. News & World Report, rates of fall-related TBI deaths are on the rise in California and across the country. In other words, more people are sustaining fatal brain injuries in fall-related accidents than in previous years and decades. The study shows that fall-related TBI deaths increased steadily between 2008-2017. We want to take a closer look at that study and to consider what it means for Vista residents who sustain brain injuries in falls.

More People are Suffering Deadly TBIs in Falls

Traumatic brain injuries, according to researchers, are head injuries that are “caused by a bump, blow, or jolt to the head or body, or a penetrating head injury that results in disruption of normal brain function.” In general, TBIs can be mild, moderate, or severe. Concussions are one type of mild TBI, and although they may result in life-threatening problems later on, most mild and moderate TBIs do not immediately cause a person’s death. The key piece of information from the report is that more people are sustaining fatal TBIs in fall-related accidents. Yet there is more to the data than that. More of the people falling are older adults, and more of them live in rural areas of the country. Rates of fall-related brain injury deaths have risen across age groups and geographic regions, but those specific risk factors showed particular growth.

Specifically, the study reports that brain injury deaths rose by 17% between 2008 and 2017, with continuous increases every year. In 2008, there were a total of 12,311 deaths from TBIs caused by falls, and in 2017, a total of 12,311 people sustained fatal brain injuries in falls. A total of 49 out of 51 jurisdictions in the U.S. showed a year-after-year rise in TBI deaths caused by falls. While the researchers emphasize that any person of any age can unexpectedly fall and suffer a TBI, people aged 75 and over tend to be at much greater risk not only of falling, but of dying from the injuries sustained in that fall.

There is a Need to Educate Patients About Fall Prevention

The researchers in the recent study suggest that healthcare providers have a duty to provide patients with more information about fall-related accident risks and brain injuries. In addition, the researchers intimate that healthcare providers, especially those providing generalized care to older adults, should be assessing a patient’s risk of suffering a fall-related injury and discussing ways to avoid a TBI.

If there were more public awareness about the seriousness of falls and resulting TBIs, according to the U.S. News & World Report article, fewer people would die each year from brain injuries they sustained in falls.

Contact a Vista Brain Injury Attorney

If you have questions about seeking compensation for a TBI, an experienced brain injury lawyer can assist you. Contact the Walton Law Firm to speak with an experienced San Diego County personal injury attorney about your case.

New Study Addresses Hockey Concussions

North County Injury Lawyers — Fri, 06 Mar 2020 13:42:50 GMT

While most of us do not associate life in Oceanside, CA with ice hockey, there are certainly ice hockey teams in Southern California, and many high school students play hockey with an aim of playing in college or afterward. The universities in the UC system also have hockey teams, and both men and women enjoy club hockey at the nearby University of California, San Diego campus. Although California might not be known for its hockey, young people do play ice hockey here. According to a recent report in CBS News, they may be at greater risk of a concussion than researchers previously reported. Women, in particular, may sustain concussions at a much higher rate in ice hockey than scientists previously believed.

Risks of Ice Hockey and Head Trauma

According to the recent report, concussions in women’s ice hockey are much more common than you might think. Many of the players are beginning to think more carefully about how they are exposed to serious risks of a traumatic brain injury (TBI). A recent study conducted by researchers at the Minnesota Department of Health determined that “girls, particularly girls who play hockey, are more likely to get concussions than boys.” Some of the reason is “biological,” according to Dr. Uzma Samadani, a brain surgeon. As Dr. Samadani clarified, “boys have stronger necks and thicker skulls.”

In addition to biological differences, there are social and cultural differences that make boys potentially less likely to suffer concussions in the same ways as girls. As Samadani explained, “from a young age, boys engage in rough play.” While this is certainly not a given based on biology or sex, that type of rough play tends to be socially normalized for boys but not for girls. As a result, Samadani went on, “they tackle each other . . . they learn to tumble . . . [and] many girls don’t do this.” As such, boys may be less likely to sustain a TBI in a sport that involves the same kinds of interactions.

While Samadani underscored that it may not be practical or even a good idea to prevent kids from playing sports like hockey in high school or college, it is important to understand the risks, and to think about the ways our sociocultural systems may lead to head injuries in some populations but not in others.

Learning More About Sports-Related Concussions

Sometimes a coach or even an institution—such as a high school or a university—may be liable when a student athlete sustains a head injury. Coaches have a certain duty to students, and anyone who is suspected of having a head injury must go through a protocol to help avoid putting an athlete with a head injury back on the field.

According to HealthyChildren.org, all sports have some risk of concussion, but certain sports are riskier than others. For example, football, soccer, lacrosse, hockey, basketball, and cheerleading have higher risks of concussion than other sports. As many parents and athletes alike now know, multiple hits to the head may put a student at higher risk of developing chronic traumatic encephalopathy (CTE) even decades after they initially played a contact sport.

Contact an Oceanside Brain Injury Attorney

If your child sustained a head injury while playing sports, it may be possible to file a claim for compensation. An experienced Oceanside brain injury lawyer can help. Contact the Walton Law Firm to learn more about how we can assist with your case.

New Study Addresses Traumatic Brain Injury Patterns in Boxers and MMA Fighters

North County Injury Lawyers — Fri, 27 Dec 2019 13:33:49 GMT

Whether you recently suffered a traumatic brain injury (TBI) in Poway or elsewhere in Southern California, you should learn about a recent study that identifies potential biomarkers for chronic traumatic encephalopathy (CTE). According to an article in MedPage Today discussing the study, researchers have determined that brain region volume may help us to better understand CTE and ways that repeated concussions can result in degenerative brain conditions. The new study specifically assessed boxers and MMA fighters who showed “distinct brain injury patterns.” We will tell you more about the recent study and what its implications could be for future CTE studies and brain injury claims.

Tracking Brain Injury in Athletes and Other People with Repetitive Head Impacts

Many recent studies surrounding TBIs and other serious brain injuries differentiate between one-time head trauma and repeated head injuries, such as multiple concussions. The recent study specifically assessed repetitive head impacts, or RHI, among professional fighters. That study was conducted by a team of researchers led by Dr. Charles Bernick of the Cleveland Clinic. According to the article, Bernick’s research showed that “active professional fighters showed different patterns of brain volume loss than fighters who have retired from the ring,” and “these differences may lead to biomarkers to track changes in people with repetitive head impacts.”

More precisely, “retired fighters had the most significant volumetric declines in the right hippocampus and in the left amygdala compared with controls, which could be the result of a progressive neurodegenerative process like chronic traumatic encephalopathy . . . or Alzheimer’s disease.” As Bernick clarified, the study suggests that health care providers may be able to use MRI imaging to measure the volume of a person’s brain region after sustaining repeated hits to the head, and certain types of brain volume loss in particular regions of the brain may be signs of CTE or other degenerative diseases. The results of the study appeared in the journal Neurology.

Bernick emphasized that, although the findings could be significant, there is a need for further research and “validation in other cohorts.” Bernick suggested that the type of study he conducted along with other researchers be tested on others who often sustain repeated head injuries, such as service members in the military or athletes who play contact sports like football or soccer.

Early Signs of CTE and Repeated Brain Injury

While CTE cannot be diagnosed definitively while a person is living, studies like the recent one reported by MedPage Today suggest that there are potential methods for health care providers to identify early signs that CTE and other degenerative brain conditions may result.

In addition, the Mayo Clinic cites some of the following as possible symptoms of CTE:

Difficulty thinking;
Impulsive behavior;
Depression;
Difficulty planning;
Difficulty carrying out tasks; and
Short-term memory loss.

Contact a Poway Brain Injury Lawyer

Many traumatic brain injuries occur because of another party’s negligence, from head trauma in car crashes to recreational sports. If you or someone you love recently sustained a concussion or another type of TBI, you may be eligible to file a claim. An experienced Poway brain injury attorney can speak with you today about your case. Contact the Walton Law Firm for more information about our personal injury services.

Domestic Violence and Concussions in San Clemente

North County Injury Lawyers — Fri, 20 Sep 2019 22:01:50 GMT

A large majority of discussions about traumatic brain injuries (TBIs) in the last decade have focused on sports-related concussions and head trauma sustained by active-duty service members. In particular, a substantial portion of TBI research has focused on the prevalence of chronic traumatic encephalopathy (CTE) among NFL football players and others involved in contact sports. In relation to studies concerning professional athletes, much research also has identified the risks of sports-related concussions among youth athletes.

Yet few studies have considered the rate and effects of concussions sustained by women who are involved in “intimate partner violence,” according to a recent article in The New York Times. In response to that research shortage, Dr. Eve Valera has begun to analyze concussions among women who have sustained head injuries inflicted by domestic partners.

Limited Studies on Brain Trauma, Women, and Domestic Violence

According to the article, when Valera began volunteering in a domestic-violence shelter while earning a Ph.D. in clinical psychology at the University of Illinois, she began to wonder, in relation to sports-related concussions and CTE studies, “how many of the women there might be experiencing comparable post-concussive symptoms as a result of head injuries inflicted by their partners.” However, Valera “could not find any published studies on brain trauma related to such violence.” Recognizing the lack of research, Valera decided to begin conducting that research herself.

Valera’s research started with interviews with women in the domestic-violence shelter. Her first study was published in 2003, prior to the first large-scale study of CTE among retired NFL players. In that study, Valera reported that approximately 75% of the women she interviewed had experienced at least one TBI.

Domestic Violence Linked to More Concussions Than Sports

Taking the numbers from her study and relating them to the larger population, Valera estimates that the number of women who have sustained concussions as a result of domestic violence are much higher than many people might expect. When it comes to a single concussion, Valera approximates that up to 31 million women may have been affected. She also considers women who may have sustained multiple concussions—one of the major factors that researchers have linked to CTE in football players and other athletes. In total, Valera estimates that up to 21 million women may have sustained multiple concussions as a result of domestic violence.

How do those numbers compare to the rate of individuals who suffer TBIs in professional sports and in the military? According to a 2018 study Valera published in the Journal of Neurotrauma, “1.6 million women can be estimated to sustain repetitive TBIs in comparison to the total annual numbers of TBIs reported for the military and NFL at 18,000 and 281 respectively.”

To put it another way, most of the information we currently have about concussions and CTE comes from research into men who have sustained these injuries, while women may have sustained substantially more repeat concussions that could have long-term consequences. Valera argues that more research funds need to be invested into studies that assess the ways in which concussions affect women, in particular those who have suffered head trauma as a result of domestic violence. Given that TBIs are linked to degenerative brain diseases, we need to highlight that “two-thirds of those who get Alzheimer’s diagnoses are women,” and more researchers need to investigate the effects of concussions on women.

Contact a San Clemente Brain Injury Lawyer

If you or someone you love sustained a head injury because of another party’s negligence, you should speak with a San Clemente brain injury attorney about your options. Contact the Walton Law Firm to speak with an advocate today.

Football and Soccer Cited as Most Dangerous for TBIs in Children

North County Injury Lawyers — Fri, 26 Jul 2019 12:14:36 GMT

Children in Escondido can suffer concussions and other types of traumatic brain injuries (TBIs) just as adults can. There are many common causes of TBIs in both kids and adults, including, for example, car crashes and sports-related accidents. According to a recent report in U.S. News & World Report, some sports and recreational activities are much more hazardous than others when it comes to brain injury risks for kids. More specifically, a majority of children who sustain traumatic brain injuries in sports- or recreation-related activities sustain those injuries while playing football or soccer.

CDC Study Discusses Dangers of Contact Sports for Kids

This information about the serious risks of both football and soccer for kids was published in a new study conducted by the U.S. Centers for Disease Control and Prevention (CDC). That study emphasized that contact sports are the most dangerous in terms of TBI risks, resulting in approximately 45% of all brain injuries that send kids to emergency departments every year. In general, football was the cause of the highest number of TBIs in male children, while soccer was the leading cause of brain injuries in female children. According to the report, “contact sports resulted in nearly twice as many TBI [emergency department] visits as did non-contact sports and four times those associated with recreation-related activities.”

In order to prevent a high number of TBIs in kids, the report recommended “limiting player-to-player contact” in addition to promoting “rule changes that reduce risk for collisions.” Yet other recreational activities can also pose serious risks of head trauma. For example, in addition to football and soccer, children also frequently suffer brain injuries from playground activities and bicycling.

Learning More About Recreation-Related Concussions in Children

The study analyzed data from the National Electronic Injury Surveillance System’s All Injury Program, which included information on hundreds of thousands of children. That data showed that, on average, “283,000 children under the age of 18 sought care in emergency departments each year for sports- and recreation-related traumatic brain injuries.” The highest number of reported injuries affected male children between the ages of 10 and 17.

The majority of all TBI reports among children were for concussions. In some cases, however, the head injuries were severe, resulting in cognitive damage and long-term effects. To reduce the risk of a head injury, in addition to paying attention to preventative measures for contact sports, parents should take steps to avoid fall-related injuries. Playgrounds in particular can result in falls from heights, which frequently lead to head trauma and internal injuries.

When a child does suffer a fall or sustain a blow to the head, parents should be aware of the following signs of a child concussion reported by KidsHealth:

Dizziness;
Memory loss, or any trouble remembering recent events;
Nausea;
Vomiting;
Headache;
Blurry vision;
Light sensitivity;
Balance problems;
Concentration or thinking problems;
Anxiety; and
Irritability.

Contact an Escondido Brain Injury Attorney

Brain injuries can affect children and adults alike when another party is negligent. If you or someone you love suffered a TBI, you should discuss your options with an Escondido brain injury attorney. A personal injury lawyer at our firm can speak with you today. Contact the Walton Law Firm for more information.

E-Scooters Cause Brain Injuries and Broken Bones in and Around San Diego

North County Injury Lawyers — Thu, 21 Mar 2019 16:27:30 GMT

Whether you live in San Marcos or elsewhere in the San Diego County area, it is important to know about electric scooters and the personal injury risks they pose. According to a recent news release from the University of California, new research suggests that e-scooters are tied to high rates of traumatic brain injury (TBI), broken bones, and dislocated joints. Those who sustain these types of injuries on e-scooters require medical attention, and some seemingly less serious injuries also require riders to seek treatment in an emergency department.

Why are e-scooters dangerous, and how should residents around San Diego County respond?

New Study Ties Electric Scooters to Serious Personal Injuries

Researchers at UCLA’s David Geffen School of Medicine conducted the recent study and published their findings in JAMA Network Open in January 2019. As the news release underscores, this study was the first of its kind to be published concerning electric scooter injuries. The authors of the study examined data from Southern California hospitals between September 2017 and August 2018. They determined that one-third of e-scooter accident victims actually arrived to the emergency departments by ambulance, suggesting that the injuries were too severe for those injury victims to transport themselves.

Dr. Tarak Trivedi, the lead author of the study, emphasized that we need to begin taking a closer and more sustained look at the effects of e-scooters on bodily injuries. As he explained, “there are thousands of riders now using these scooters, so it’s more important than ever to understand their impact on public health.” In the published study, the researchers provide some of the following findings about e-scooter injuries:

Around 92% of e-scooter injuries affect riders, but about 8% of injury victims also include pedestrians;
Only about 4% of e-scooter riders who sustained injuries severe enough to require treatment in an emergency department were wearing a helmet at the time of the accident;
Approximately 5% of e-scooter injury victims had a blood alcohol concentration (BAC) at or above 0.05%, which physicians cite as the number to indicate “intoxication”;
40% of injuries were TBIs and other forms of head trauma;
32% of injuries were fractures or broken bones; and
28% of injuries were cuts, sprains, or bruises that did not affect the head.

Future of E-Scooter Injuries in San Diego County

While the study cites West Los Angeles at “the epicenter of the electric scooter phenomenon” and thus the location in which riders have the highest injury rates, the San Diego area also has its own share of e-scooter problems. Last year, an article in The San Diego Union-Tribune cited e-scooters as dangerous modes of transportation that cause a variety of injuries, “from broken bones and teeth to punctured lungs and lacerations requiring plastic surgery.”

Earlier this year, the Times of San Diego reported that the San Diego City Council is moving to better regulate e-scooters. For example, while the scooters can travel as fast as 15 miles per hour, new regulations would limit travel to 8 miles per hour and 3 miles per hour in certain areas. Proposed regulations would also require greater oversight of scooter companies.

Contact a Brain Injury Lawyer in San Marcos

If you or someone you love recently suffered a brain injury in an e-scooter accident or in another type of collision, you should reach out to a San Marcos brain injury lawyer to learn more about filing a claim. Contact the Walton Law Firm to discuss your case.

(image courtesy of Nathan Dumlao)

More Concussions in Poway Soccer Players

North County Injury Lawyers — Fri, 08 Mar 2019 16:03:49 GMT

More research funds are going toward sports-related concussion studies and concussion risks for youth athletes. We often think about football and other contact sports when we consider traumatic brain injury (TBI) risks, yet many different sports and recreational activities can put young athletes at serious risk of sustaining a concussion.

A recent study conducted by researchers at Northwestern University found that concussions are more common than we previously thought among female soccer players. Nearly 30% of all soccer injuries are concussions. To put that number in perspective, about 24% of all football injuries are concussions. To put that another way, more girls suffer sports-related concussions playing soccer in high school than do boys who play football.

Girls Soccer Players Suffer Head Injuries More Often Than Boys Soccer Players

Male youth athletes frequently are the focus of sports-related concussion studies given that football—the contact sport with the most prominence when it comes to head injury risks—is populated largely by males. However, female athletes also are at serious risk of sports-related concussions, especially female youth soccer players. When we look at both men’s and women’s soccer, youth women’s teams “tend to have more concussions than boy,” according to the authors of the study.

Soccer is actually among the most dangerous sports for young female athletes when it comes to head injuries, according to the study. The researchers explored concussions risks and rates in numerous high school sports, including but not limited to soccer, basketball, softball, baseball, wrestling, and volleyball. In those sports, female soccer players tended to have the highest number of concussions.

Concussions are Becoming More Common in Youth Sports

One of the most worrying aspects of the study is that the researchers concluded concussion rates are rising in youth sports generally, despite the attention coaches and schools are paying to concussion and TBI protocols. Why are more girls who play soccer suffering concussions?

Some commentators believe there is a gender gap in athletic training. In general, youth athletes do not have as much experience as college-level or professional players. Yet sometimes parents question whether girls soccer players are receiving the same training as boys soccer players surrounding proper ways to fall on the field, as well as how to head a soccer ball. Even with the best training, however, sports-related concussions can still occur.

Schools do have concussion protocols in place, but it is always important to think about improvement — better ways to train players to avoid and to deal with injury, and better ways of emphasizing the importance of self-reporting symptoms of a concussion. Many youth athletes do not tell coaches or parents when they have signs of a concussion, which can make recovery much more difficult.

Seek Advice from a Poway Brain Injury Lawyer

Youth concussions often occur because of another party’s negligence. If your child suffered a TBI while playing high school sports, you should learn more about your legal options. An experienced Poway brain injury attorney can speak with you today. Contact the Walton Law Firm to learn more about how we assist injury victims throughout San Diego County.

(image courtesy of Jeffrey F Lin)