A traumatic brain injury is not just about physical pain. It is the expensive healthcare, the stress on your family, and months of wages lost. Even so, recovering from head trauma financially, physically, and mentally can take years.
We can get you the best compensation for your current and future medical costs, lost earnings, and the emotional impact an accident has had on you. Our goal is to attain the highest possible payment from the insurance company or other party who is responsible, often in the form of a settlement payment for a traumatic brain injury.
Contact our brain injury lawyers, talk face to face about your circumstances and we will do everything we can to help you recover compensation, as well as payment for your medical care and rehabilitation.
Brain Injury Scan
File a Traumatic Brain Injury Lawsuit in California
Have you recently incurred serious brain injuries in California? Discuss your claim with head injury lawyers from our firm as early as today! The laws of California recognize that a traumatic injury results in overwhelming mental and monetary damages. So, if there is a responsible person or company for your axonal injury or head trauma, you should make them pay!
Traumatic Brain Injury Signs and Symptoms
According to a Centers for Disease Control report, about 2.8 million Americans suffer from a traumatic head injury each year. The most common traumatic brain injury symptoms are:
Loss of Consciousness Vision Impairment Hearing Loss Respiratory Distress Memory Loss Concussion Cerebral Contusion Difficulty Speaking Semi-Comatose State Difficulty Understanding Language Seizures and Abnormal Movements Brain death
Types of Traumatic Brain Injuries Among Plaintiffs
In our line of work, we represent survivors of different types of injuries. A question we always get is whether they are eligible for compensation. If they can sue, the person/company that led them to the accident usually comes second.
Head Scan
We use California law in order to help obtain justice for your traumatic brain injuries by filing a lawsuit. Traumatic brain injury cases are intended to obtain money by way of a settlement or post-trial verdict to compensate you for your risk, extended physical pain and psychological distress, among others.
Types of Traumatic Brain Injuries
Open Head Injuries: It includes the moderate to severe TBI cases that pose a life risk and can render the victim comatose.
Skull Fractures: It's one of the worst head injuries. Severe fractures can lead to brain damage, leaking of spinal fluid, seizures and paralysis.
Penetrating Injuries: This head trauma occurs when a high-velocity object pierces the dura mater of the brain.
Close Head Injuries: In a closed head injury, nothing penetrates the skull. The brain cells tear internally, with the skull still intact.
Contusions: A cerebral contusion is a bruise to your brain tissue. It can result in microhemorrhages and blood vessel leaks.
Brain Lesions: It's a blood clot problem that you can see on your MRI report. Lesions show minor symptoms.
Diffuse Axonal Injuries: Diffuse axonal injury occurs when the brain rotates inside the skull due to shaking and twisting of the head.
Causes of a Traumatic Head Injury
Traumatic brain injuries can result from the following:
Chronic Traumatic Encephalopathy Motor Vehicle Accidents Pedestrian Accidents Slip-and-Fall Accidents Shaken Baby Syndrome Sports Injuries
Book a free case evaluation with our brain injury attorneys if you have been involved in an accident or live with someone who has.
With documents that verify a moderate or severe TBI, our brain injury attorneys can get you the best compensation in California!
If You Suffered Traumatic Brain Injury in California, You Need to Act Now
We understand the effect a head trauma can have on you and your family. Our traumatic brain injury attorneys can help you obtain lucrative settlements which can help with your medical bills, loss of income, rehabilitation, and more.
The sooner you contact our firm, the faster we can get ahead with your brain injury lawsuit. We make sure that you get deserving compensation that ensures your financial security, mental well-being, and the best treatment going forward.
Handling your severe brain injury claim early also means that: - You may take advantage of special treatment and services for quick recovery
If you wait a long time to file a lawsuit for brain injury claims, you may miss out on payments you could have recovered.
-Our law firm can help you file a personal injury case on behalf of a loved one.__
The bottom line is- you should hire a traumatic brain injury lawyer as early as possible. Often times there is an insurance carrier who will try to undervalue your injury, especially when months have elapsed.
How to Prove a Traumatic Head Injury in Court?
While presenting a traumatic brain injury (TBI) lawsuit, you need to prove that the injury occurred.
If you suffered brain injuries in a car accident lawyer, there could be CCTV footage or a police report that may help your case.![Medical Treatment(/images/Treatment.png?style=float:right;padding:48px;width:50%;min-width:350px;border-radius:5em;&quality=65&loading=lazy)
Regardless of how the trauma happened, you can make a strong case using items such as the documents below:
A Treating Physician May Testify
To prove that you endured a traumatic head injury, your doctor and other medical professionals can serve as healthcare witnesses.
A treating physician is allowed to testify to the causation, degree of injury, and permanency of closed head injuries, for example. We can also help you obtain treatment with board-certified doctors, who can also provide testimony about your TBI treatment.
Brain Imaging and Medical Tests
The court may require imaging and test results that confirm your brain injuries. The three main medical tests to prove a traumatic brain injury sometimes include: - Magnetic Resonance Imaging (MRI)
MRI is used for acquiring a clean image of traumatic brain injuries and where the damage has occurred. This test can detect abnormal brain activities, concussions, and traumatic injuries to the brain.
- Computerized Tomography Scan (CT Scan)
With the help of X-rays, a CT scan will provide an image of your brain injuries. It shows bruised brain tissue, internal bleeding, and other not-so-obvious damages.
- Intracranial Pressure (ICP) Test
This test can help monitor swelling in your brain. Confusion, disoriented movement and respiratory issues can be associated with intracranial pressure—a possible aftermath of brain injuries. Aside from court, you'll need these tests and reports to negotiate a settlement with an insurance company. If you're diagnosed with brain injury, it may be categorized by its severity.
The Stages of Brain Trauma
After the diagnosis, your traumatic brain injuries can fall into any of these general categories:
- Mild TBI
You were not unconscious after the mild concussion, or you were for 30 minutes. You gained your memory in less than a day.
- Moderate TBI
You were senseless for more than 30 minutes and up to a full day. Memory loss lasted from 1 to 7 days.
- Severe TBI
You were unconscious/comatose for more than a day. Memory loss lasted over a week.
Take the Next Step: Discuss Your Case with a Traumatic Brain Injury Attorney
A traumatic brain injury (TBI) can have lasting effects on your health and mind. It is obviously unfair for a person to sustain a brain injury due to the negligence of another party, without allowing the injured party to obtain compensation.
Brain Injury Xray
Many plaintiffs are able to recover a settlement for their brain injury cases, thanks to California law firms.
Here you'll find the best personal injury lawyers in California to represent you and handle your case.
We have clients all over California who entrusted their personal injury cases to our knowledgeable attorneys. You can be one of them, winning an equitable settlement and working toward eventually living a stress-free life to fast-track your healing.
How Our California Traumatic Brain Injury Lawyers Can Help
We provide legal advice to clients who have sustained brain damage and financial loss.
Our law firm aggressively represents plaintiffs in court, responds to a defendant's counterclaims and takes care of any issue that may arise during PI court proceedings.
Filing the Personal Injury Lawsuit
When a traumatic brain injury is caused by the careless behavior of another party, the victim may receive a settlement or insurance money.
Our personal injury attorneys can help you file a lawsuit regarding a motor vehicle accident, slip and fall accident due to unsafe construction, defective product or occupational accidents, to name a few examples. Our process may include:
Gathering Evidence
We will collect medical documents that ascertain your traumatic brain injury and the necessary evidence that ties the defendant to your case.
Providing Necessary Medical Care
California brain injury lawyers have an excellent network of doctors, nurses, healthcare professionals, and caregivers. We can help you obtain medical care and support during the initial stages of your recovery.
Recovering Your Claim
We aim to settle your claim at the earliest. If it goes to trial, the duration can stretch over a longer period, however.
Proving Financial Liability
One of the first steps to recover compensation is to determine that the at-fault party is financially liable. Your head injury attorney will evaluate the negligence on their part and will obtain the insurance policy to determine the policy limit.
Negotiating with the Insurance Company
After discussing your medical expense, lost wages, property damage, and other losses, we will send the insurance company a demand letter, based on the facts of your brain injury case and the policy limit. It is possible that the insurance carrier will reject the demand or provide a lower settlement offer. We will negotiate with the company informally or during mediation.
Who Can I Sue for My Brain Trauma?
At our law firm, we believe nobody should carry the burden of a traumatic brain injury when someone else's reckless actions are to blame. Contact our law firm to discuss the details of your accident and injury.
Lawsuit Settlement
Your accident could involve multiple parties as well as the parties' actions or inactions. To recover compensation, we first identify parties with legal liability and the means to pay.
As personal injury lawyers, we ask – which of the persons/companies are liable for acting that put our client/the plaintiff in harm's way. Who failed to take a particular action, and thereby caused injury to our client? Usually, those are the people you can sue.
Our California Law Firm Can Help You Prove
California lawyers salvage millions of dollars for brain injury victims every year. You can count on our law firm to recover your personal and financial losses after encountering a brain injury, by evaluating and demonstrating:
The Type and Extent of the Injury Accidents and Their Elements Emotional, Physical, and Financial Losses Negligence of the Defendant Strict Liability Intentional Wrongs As your attorneys, we can establish that you did not have a pre-existing brain injury and that your injury resulted from the negligent or reckless actions of another person.
What Is a Legal Claim for Traumatic Brain Injury Worth?
Many traumatic brain injury cases in California settle for $1 million on average. According to Jury Verdict Research, the average personal injury verdict in California in 2020 was 1.81 million dollars.
According to the nature of your head injury, age, and health, we can claim sizable compensations and prepare for trial with a jury of your peers.
We will work tirelessly to make sure that you get the settlement you deserve by handling your personal injury claim.
What Damages Can I Recover Through a Brain Injury Lawsuit?
If you were subject to a traumatic brain injury, you should file a lawsuit against the responsible party.
The monetary equivalent to the following can be recovered through a brain injury lawsuit in California.
Medical bills
Mental Health Current and future hospital expenses Loss of income Emotional distress Property damage Trauma and disfigurement Decreased earning capacity Pain and suffering Rehabilitation And more!
Filing a Brain Injury Case for a Family Member
In many head injury cases, the victim may not be able to file a lawsuit due to their physical condition, mental state, or age. In those cases, a court can appoint a family member or a friend to act as a conservator of the injured party in these situations. Once a legal conservatorship or family member has been authorized, the guardian can file a lawsuit on behalf of the victim.
Here's how it works for different parties:
For Incapacitated Adults
Traumatic brain injuries can incapacitate the victim. If he or she is unable to take legal action against the at-fault party, their family member can come forward and file the lawsuit. These head injury cases involving incapacitated adults can be complex. Our traumatic brain injury attorney will diligently fight for you and your case so that you receive the best personal injury settlement.
For Minors
Children may have the option to wait until their 18th birthday to file a personal injury lawsuit. However, a parent or a legal guardian can file the claim in place of the victim. If your child suffered serious head trauma, it's in their best interest that you, as a parent, file the personal injury lawsuit on behalf of them, with the aid of an attorney. As a legal conservator, you will not be entitled to the compensation awarded to your child, as the sum is generally intended for the minor's benefit.
Statute of Limitations in California Head Injury Cases
The statute of limitations is the timeframe during which a plaintiff can bring a lawsuit against an individual or a company. For personal injury claims in California, it is two years from the day of the accident, subject to some exceptions.
- Mental Capability
It is well-known that a traumatic brain injury victim may lose his/her ability to reason or suffer from diminished mental capacity.
- Children/Minors
Children cannot negotiate a legal settlement of a personal injury claim. A parent is allowed to represent the child, or he/she can hire a PI attorney to do so. Moreover, the parent may have a separate legal right to be compensated for the medical expenses paid on behalf of the child.
- Claims Made Abroad
The time limit can vary depending on the state.
Who Can Make a Traumatic Brain Injury Claim?
If a person or an organization is fully or partially responsible for your brain injury, you can claim compensation or take them to court. To proceed with your claim or to be eligible for settlement, you must have documents and medical reports that prove a traumatic brain injury was sustained.
A person can make a traumatic brain injury claim based on a variety of circumstances, such as:
Construction accidents Slip and fall accidents Car or motorcycle collisions A blow to the head from violent encounters Intentional violence Pedestrian accidents Defective products Animal attacks Sports injuries A mild traumatic brain injury often means that the survivor loses some of his/her mental capacity for a certain period of time.
If someone in your family recently suffered a terrible car accident and was diagnosed with brain injuries, you can file a case on their behalf.
Contact our law firm to evaluate whether you have a valid claim and how much settlement money you may get!
How Much Compensation Will I Get for a Traumatic Brain Injury?
The compensation for brain injuries in California can vary depending on the facts of your case.
It can depend on the nature and extent of your injury, the evidence against the defendant, medical expenses, the monetary value of your pain and suffering, as well as lost wages.
The average payout for a personal injury claim can range wildly, but TBI cases tend to command significant sums because a healthy brain is necessary for living a normal life, and may involve millions of dollars.
The advantage of hiring a traumatic brain injury lawyer is that he/she can give you a close estimate of your total settlement sum.
How Can I Help My Traumatic Brain Injury Case to Succeed?
A traumatic brain injury can disrupt your everyday life. So, the first thing you want to do is receive immediate medical attention and follow up with your physician. Most traumatic brain injury lawyers do not charge an hourly rate for injury claims; rather, they take a portion of the compensation once they succeed.
In that case, don't worry about the financial issues you and your family may encounter during your recovery period. We may be able to obtain early compensation.
To expedite the legal process, you should keep all your medical, financial, and insurance documents in a file which you can access right away.
Follow a treatment plan that puts you in a strong position to recover the compensation money that you deserve.
It entails receiving treatment with certified doctors, and sticking to your doctors' healthcare recommendations.
How Can I Afford a Personal Brain Injury Lawyer?
Most brain injury lawyers in California work on a no-win-no-money basis. It means that there is usually no upfront cost to pay.
Therefore, you won't incur a financial loss even if you lose your case, which provides you with an incentive to retain a law firm. We can discuss your case with you during a free consultation.
You will have a clear idea about the process and your case from start to finish. So, book your free consultation with a savvy personal injury attorney right now!
Should I Accept Settlement from an Insurance Company for My Brain Trauma?
You usually shouldn't accept a settlement offer for your traumatic brain injury from an insurance company without speaking with a lawyer. If they contact you with the intention to settle the case before you even hire a PI lawyer, it may mean that they think their customer has legal liability for causing your injury. In many cases, that legal liability is worth much more than the money the insurance carrier is offering you. At first, it may seem like a good opportunity to cover your medical bills. But if you accept it, you may lose your rights to claim a better settlement later on.
In short, accepting money from the at-fault party's insurance company without speaking with a lawyer may not be the best approach. If you suffered a brain injury significant enough for insurance companies to approach you, you may have a good chance at winning your.
How Long Will My Claim Take to Settle?
Your brain injury claim can take months to years to settle. It can take a few years to comprehend the effect that the brain injury has on your life. You may be able to settle the claim at an earlier period, but it can undervalue your claim by a significant amount.
We want to help you rebuild your life and gain access to premium healthcare due to the sensitivity of your condition.
You can sign up for free consultation with a traumatic brain injury lawyer, who will answer all of the questions you may have.
Consult Our California Personal Injury Firm Today!
It's unfortunate enough that you suffered a serious brain injury. But how do you keep the medical bills, financial insecurities, and lost wages from piling up?
We are a team of California-based traumatic brain injury attorneys. Dealing with traumatic head injuries is one of our practice areas.
Let us know more about your case, and an expert brain injury lawyer will get back to you with how best to proceed and