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:
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:
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:
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.
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:
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.
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.
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.
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.