The CDC reports that falls are one of the leading causes of traumatic brain injuries. In 2013 alone, falls accounted for 47% of TBI-related ED visits, hospitalizations, and deaths in the United States alone.
While this can be true for anyone, older adults are at a much higher risk of falling and sustaining a TBI. Nearly 4 in 5 (79%) of TBI-related ED visits, hospitalizations, and deaths in adults aged 65 and older were caused by falls. In addition, they found that being 75 or older was a clear risk factor in those who sustain TBIs.
TBIs are known as “the invisible injury.” This is because they are internal and often go untreated and undiagnosed. Many people who suffer from these injuries do not seek prompt medical treatment for their physical and cognitive impairment. This can be especially true for older adults who live alone, do not have close family members, or are unaware that the symptoms they are experiencing are due to a TBI.
Who is Liable When Someone Falls?
Many factors will be taken into consideration when determining if someone’s negligence played a roll in someone else’s fall. If the fall occurred on someone else’s property, it could be a case of premises liability.
In California, property owners have a legal obligation to keep their property reasonably safe. Since older adults are already at a higher risk for falling, it is especially important that these laws be obeyed.
In order to prove negligence, one must show that a property owner:
1. Knows, or through the exercise of reasonable care should have known,
2. About a hazardous condition on the property he or she owns or controls, and
3. Fails to repair, protect against, or give adequate warning of the condition.
What To Do If You or a Loved One Suffers from a TBI
Traumatic brain injuries can impact an individual’s life forever. When a family member suffers from one of these injuries, the entire family can be impacted. The individual may require lifelong care, regular medical treatment, and the constant help of others.
No amount of money can make up for your overall health or that of your loved ones. However, the financial hardship of medical bills and potentially lost income can weigh heavy on your financial situation. If you or a loved one suffered a TBI due to the negligence of another, we will fight to make sure that you are given fair and just compensation for injuries sustained.
The brain injury attorneys at Scarlett Law Group have over 30 years of experience fighting for injury victims and their families. Let us take the burden off of your shoulders so that you and your family can focus on healing.
Contact Scarlett Law Group at (415) 688-2176 for a no-fee consultation and advocates on your side.