Since childhood, we experienced bumping our heads every now and then. As we get older, we continue knocking our heads on different occasions. No one wants to acquire a traumatic brain injury, but somehow, people still experience it because of another person’s negligence. When you or a loved one suffers a head injury, see a doctor immediately. Speaking with an expert Los Angeles traumatic brain injury attorney can help protect your rights. Moreover, you’ll get sound and educated advice on what’s the best option to take following the accident.
CDC describes traumatic brain injury as retardation in the brain’s normal function. It can be due to a forceful jolt, bump, blow to the head, or puncturing head injury.
What Usually Causes Traumatic Brain Injury?
Indeed, there are various ways in which a victim may suffer TBI. These are:
- Vehicle collisions
- Workplace injuries
- Slip and falls
- Sports injuries
- Gunshot wounds
- Military blast injuries
- Assault including child abuse, domestic violence, and shaken baby syndrome
Los Angeles Traumatic Brain Injury Attorney: California Personal Injury Claim for Traumatic Brain Injury
A traumatic brain injury victim can recover damages for any expenses incurred in two ways due to the accident. Initially, the accident happened because of another person’s reckless actions. Next is, that the injury should have a financial cost. Seeking the help of an expert traumatic brain injury Los Angeles attorney can make it bearable for you to undergo the legal process of filing a claim.
“Duty” pertains to the defendant’s responsibility for acting or not acting sensibly to prevent causing harm to the victim. As a requirement to obtain compensation, you need to prove that the negligence of other people caused your injury. Besides, there are elements that you need to prove there’s negligence on the defendant’s part.
- The defendant had the responsibility to act or not to act in a particular way
- The defendant breached his duty of care
- Breaching that duty of care caused the victim’s injury
- The defendant should have anticipated the possibility that a person may suffer harm by his action or inaction
- The injury resulted in actual damages, such as medical expenses, lost wages, and more
Aside from those elements, there are other ways that you can prove you’re suffering from TBI. If you incurred a head injury from a car wreck, you need a police report for the exact details of the accident.
A medical report on your medical tests and treatment can likewise provide the extent of your injury and determine the amount of compensation you must receive. Your medical examination includes the use of a computerized tomography scan (CT scan), magnetic resonance imaging (MRI), or intracranial pressure (ICP). These medical devices can provide a complete image of your brain and can exhibit bleeding, bruised tissues, swelling, and other damages.
Damages a Victim May Recover From Traumatic Brain Injury
These “damages” pertain to the amount of money a victim may recover for suffering a traumatic brain injury. It includes:
- Medical treatment, including hospital and doctor visits, medications, necessary surgeries, and more
- Rehabilitative therapies, such as speech, occupational, and physical
- Past and future lost salary
- Loss of earning capacity
- Assistive devices and home modifications, such as electric wheelchair
- Loss of consortium
- Loss of enjoyment in life
- Pain and suffering
There are instances when a TBI victim recovers punitive damages as well. These are on top of the abovementioned compensatory damages you may recover. This type of damage is usually awarded by the court to the victim, especially if the defendant’s behavior was atrocious, malevolent, or premeditated. It serves as an extra award as punishment because of the defendant’s misdemeanor.
California Law Regarding Comparative Fault
The state not only looks at the defendant’s fault but also if the plaintiff has a fault for causing his injury. Even if the victim didn’t cause the accident, the damage award might be reduced when the court ascertains that they might be able to prevent an injury if they acted differently.
When the victim contributed to the accident that caused his injury, there will be a reduction in the amount of compensation that he might recover, based on the percentage of his fault.
Contact an Expert Traumatic Brain Injury Attorney. Schedule a Free Consultation with ODG Law.
Traumatic brain injury can change your life forever and needs continuous medication and rehabilitation. With all that medical expenses, there could be nothing left with you.
At ODG Law, our expert traumatic brain injury attorneys won’t let you become broke from the costly expenses brought about by your TBI due to someone else’s negligence. We’ll fight for your rights and improve your odds of getting higher compensation.
We’re here to help you throughout the process and stay by your side to support you all the way. We prioritize your fast recovery and you don’t have to pay us upfront as we work on a contingency fee basis.
Schedule a free evaluation of your case and call (818) 975-3080. You can also email us your queries.