Traumatic brain injuries are common in catastrophic accidents. If you suffered debilitating injuries caused by someone else’s negligence, you may have the right to financial compensation. A traumatic brain injury attorney in Southern California can walk you through the process, guiding you every step of the way.
With KJT Law Group on your side, you can focus on healing from your injuries while we focus on building a powerful case against the liable party.
Common Types of Traumatic Brain Injuries
Traumatic brain injuries are some of the most severe types of injuries a person can experience. This is, in part, because the brain is one of the most complex organs in the human body. Even seemingly minor damage can prove to be catastrophic.
Some of the more common types of traumatic brain injuries you could be diagnosed with include:
- Intracranial Hematoma
- Brain Hemorrhage
- Penetrating Brain Injuries
- Coup-Contrecoup Brain Injuries
- Second Impact Syndrome
- Diffuse Axonal Injuries (DAI)
These are just a few types of traumatic brain injuries. If you were diagnosed with another type of traumatic brain injury, you may still have grounds for legal action. A traumatic brain injury lawyer serving the Southern California area can tell you more.
How Do Traumatic Brain Injuries Occur?
Traumatic brain injuries can occur in many ways. However, there are some types of accidents, events, and incidents that occur more frequently than others.
Some of the more common ways traumatic brain injuries occur in Southern California include:
- Commercial truck accidents
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Slip and fall accidents
- Work accidents
- Construction accidents
- Swimming pool accidents
- Medical malpractice
- Nursing home abuse
Establishing Liability for Southern California Traumatic Brain Injuries
Your attorney will need to prove that someone else was responsible for causing your traumatic brain injury. Many parties could share liability for your injuries depending on how your traumatic brain injury occurred.
An investigation into the cause of the accident can reveal who is responsible for causing your injuries. For example, if your traumatic brain injuries were caused by a car accident, some of the different parties who could share fault include:
- Negligent drivers
- Auto parts designers, manufacturers, distributors, and suppliers
- Safety inspectors and maintenance technicians
- Government officials and agencies
- The California Department of Transportation
- Motor vehicle dealerships
If your traumatic brain injury occurred in a slip and fall accident, your lawyer could examine the property owner for liability. Did their negligence cause your injuries? Proving it is the key to winning your traumatic brain injury claim. To prove negligence, the four following elements must be met:
- Duty of Care: Your lawyer needs to show that the defendant owed you a duty of care.
- Breach of Duty: The defendant must have breached that duty of care through action or inaction.
- Causation: The defendant’s actions or inaction caused your damages.
- Damages: These damages have had a substantial impact on your life.
California Statute of Limitations for Traumatic Brain Injuries
When pursuing a traumatic brain injury lawsuit, you will need to adhere to the California statute of limitations for personal injury claims. This means you have two years to file your claim before the statute of limitations expires.
The legal guidance and support of a traumatic brain injury lawyer can help. Working with a lawyer early on can allow you to obtain valuable, time-sensitive evidence to support your case. A Southern California traumatic brain injury lawyer can also make sure all relevant paperwork and forms are filed on time.
How a Traumatic Brain Injury Lawyer Could Help You
While you are healing from your traumatic brain injury, the last thing you should be focusing on is a stressful litigation process. When you have a Southern California traumatic brain injury lawyer on your side, you can focus on your family and healing from your injury while your lawyer does all the heavy lifting of your case.
Your attorney can handle all of the legal details of your case, including:
- Opening up an investigation into the cause of your traumatic brain injury
- Obtaining valuable evidence to prove liability, including photos of the scene, any available video surveillance footage, and statements from eyewitnesses
- Reviewing your damages to calculate the value of your traumatic brain injury claim
- Preparing to file your claim with the insurance company
- Negotiating with the insurance company to obtain a reasonable and fair settlement offer
- Fighting for maximum compensation at trial against the liable party
What to Expect From the Traumatic Brain Injury Claims Process
If you are the victim of a traumatic brain injury, you may be feeling intimidated by the thought of pursuing a claim with the insurance company or bringing your case to court. However, once you have a better understanding of what to expect, you may feel more confident in your decision to hold the liable party accountable.
It is important to keep in mind that negotiating with the insurance company is one of the most difficult aspects of the claims process. If you assumed that the insurance company was on your side, think again. The insurance company is looking out for their interests, not yours. Your attorney can deal with all communications with the insurance company so you can avoid being taken advantage of in your greatest time of need.
Insurance settlements also do not fully cover victims’ damages. Do not expect the insurance company to cover your non-economic damages (such as pain and suffering) or even the majority of your economic losses. The insurance company is only required to compensate victims up to the limit of the policyholder’s current policy. When your damages exceed this limit, the only way to be compensated for these losses is by pursuing a lawsuit against the liable party.
Calculating the Value Of Your Traumatic Brain Injury Case
You have the right to pursue compensation for every loss following a traumatic brain injury. This doesn’t just include economic damages (which describe your monetary losses, like medical bills). You also have the right to seek compensation for the ways your life has been affected by your injuries. These are commonly referred to as non-economic damages.
To accurately calculate the value of your claim, your traumatic brain injury attorney will need to quantify your non-economic damages and determine how much your economic damages are worth.
Some of the more common types of losses you could recover after your traumatic brain injury include:
- Lost wages and diminished earning capacity
- Medical expenses, equipment fees, hospital bills, and future medical care
- Loss of enjoyment of life
- Loss of companionship, love, guidance, society, support, protection, and advice
- Skin scarring, dismemberment, or disfigurement
- Property damages
The Southern California civil courts might also award punitive damages if they find it necessary to punish the defendant beyond your compensatory losses. Punitive damages are rarely awarded but are occasionally done to send a message to the community that the civil courts won’t tolerate egregious conduct or gross negligence.
California Traumatic Brain Injury FAQ
We’ve got answers to some of the most frequently asked questions regarding traumatic brain injuries in Southern California below. A traumatic brain injury lawyer can answer any additional questions you may have that aren’t covered on this page.
Will I Have to go to Court?
Maybe. You might have to go to court if you are unable to obtain a reasonable settlement offer from the insurance company. Even if you get the most out of your insurance settlement, bringing your case to court may be the only way to get the most out of your claim.
Should I Give the Insurance Company a Statement?
No, you should never give a statement to the insurance company without first discussing your options with your attorney. Insurance adjusters have been known to manipulate statements to make it appear as though a victim has admitted liability for the accident. This could have a devastating impact on the outcome of your traumatic brain injury claim.
How Much Will it Cost to Hire an Attorney?
At KJT Law Group, our traumatic brain injury lawyers work with traumatic brain injury victims on a contingency basis. We cover all of the costs of building a case against the liable party and you will not be expected to pay a penny unless or until we win your case.
Contact a Southern California Traumatic Brain Injury Attorney Today
The aftermath of a traumatic brain injury can be devastating. Get help rebuilding your life when you reach out to a traumatic brain injury lawyer in Southern California.
KJT log group is proud to offer no-cost, risk-free consultations to traumatic brain injury victims across Southern California. Take advantage of this opportunity by completing our convenient contact form or calling our office at (818) 507-8525.