Understanding how to win a brain injury lawsuit in California is important if you have suffered from head trauma. Success in court requires proof of the injury, how it happened, who is responsible for it, and its enduring impact on your life. Medical records, witness testimony, and documentation of long-term effects all play a crucial role in presenting a strong case.
Whether your injury was the result of a car accident, slip and fall, or some other type of incident, it’s important to understand how to build a successful case. This can help you get the most compensation possible and hold the responsible party accountable.
When it comes to brain injury claims in California, the court considers both immediate and future damages. This includes not only medical expenses and lost wages but also pain and suffering. In most cases, you have two years from the date of injury or discovery of the injury to file a claim.
TBIs resulted in 2,912 deaths and 17,528 hospitalizations while leading to 15,708 emergency department visits among California’s 11.2 million older adults during 2020.
Establishing Fault in Brain Injury Cases
The plaintiff must demonstrate that the defendant is legally culpable to succeed in a brain injury claim in California courts. This means that they were responsible for your injury due to negligence, carelessness, or intentional wrongdoing. Examples can include causing a car accident, allowing a hazardous property condition to lead to a fall, or even directly assaulting a victim.
Evidence of fault can come from an accident report, witness statements, video surveillance, or accident reconstruction. If a plaintiff cannot prove this element of a claim, the case may be lost, even if the injury was catastrophic and clearly established.
Using Medical Records and Expert Testimony to Strengthen Your Case
Medical records are one of the most important types of evidence in any brain injury case. Your attorney requires access to your medical records of diagnostic tests, hospital visits, treatment history, and symptom documentation. Brain injuries can sometimes have no external physical signs, so imaging tests such as MRIs and CT scans are incredibly helpful in these cases.
Furthermore, it’s not uncommon to have expert witnesses, such as neurologists and neuropsychologists, to explain the long-term effects and severity of your injury to the court or insurance company. They can also help connect the dots between your symptoms and the accident and help bolster the legitimacy of your claim. The more consistent and thorough your medical records and witnesses are, the stronger your case is.
Calculating Damages
Winning a brain injury claim is only half of the battle. The other is being able to prove the extent of your damages and the monetary value of each item. In addition to medical bills, these damages might include future medical care, ongoing rehabilitation, assistive devices, lost wages, and diminished earning capacity. The emotional impact of the injury, cognitive losses, and diminished enjoyment of life may also be considered.
In California, life care planners, economists, and medical professionals may be retained by your attorney to help establish and project these future needs. Properly calculating damages is essential to ensuring you are justly compensated for both the immediate and ongoing results of your injury.
Avoiding Common Pitfalls That Undermine Brain Injury Claims
The strongest brain injury claim can be derailed by one of these preventable errors. If you delay seeking medical treatment, you may have a more difficult time proving that the accident caused your injuries. Inconsistent or incomplete medical records can lead to insurance companies doubting your claim.
Talking to insurance adjusters without legal advice can lead to them using your statements against you. Brain injury patients tend to dismiss their symptoms and expect swift recovery. They then make the mistake of settling too early. Taking your injury seriously and steering clear of usual errors is essential to win your case.
Why Hire a Brain Injury Lawyer From Easton & Easton?
The team at Easton & Easton knows how devastating brain injuries can be. We’ve helped many clients find justice for these severe accidents. In one recent case, we obtained $850,000 for a client who suffered a traumatic brain injury due to a driver who ran a red light. Our attorneys are prepared to guide your case to success.
FAQs
Q: How Do I Prove Someone Else Caused My Brain Injury?
A: You must demonstrate that another person acted negligently or illegally and their actions directly resulted in your brain injury to establish their responsibility. This can include presenting evidence such as accident reports, witness statements, testimony, and medical records. Legal professionals can craft a strong case that demonstrates how the defendant’s actions resulted in your injury.
Q: What Types of Compensation Can I Recover in a Brain Injury Claim?
A: A brain injury claim can offer compensation for medical bills, future medical treatment, lost income, any reduction in earning capacity, emotional distress, and pain and suffering. Awards may also be available in certain cases for long-term care, rehabilitation, or loss of quality of life. Exact calculations of current and future losses are significant in making sure you are fairly compensated for the full extent of the injury’s impact on your health, career, and life.
Q: What Makes Brain Injury Claims More Complex Than Other Cases?
A: Brain injury claims present a unique challenge, as symptoms may be invisible, persistent, and hard to quantify. These cases often involve a long recovery process and require medical testimony and neurological assessments. From long-term care planning to extensive documentation, they necessitate a comprehensive and meticulous approach to prove the impact on your life.
The difficulty in these cases lies not only in proving fault but also in substantiating the injury’s full extent and its long-term effects.
Q: Do I Need a Lawyer to Win a Brain Injury Claim?
A: While legal representation isn’t mandatory for filing a brain injury claim, it can significantly affect your likelihood of success. Brain injury cases are complex and involve intricate medical, legal, and financial matters that are difficult to navigate without professional help.
A knowledgeable attorney can assist with evidence collection, consulting medical professionals, assessing long-term damage, and negotiating with insurers or litigating in court. Representation can also help to ensure that your claim is taken seriously and adequately valued.
Contact a Brain Injury Lawyer From Easton & Easton
If you or a loved one suffered a brain injury due to someone else’s negligence, Easton & Easton can help. Our experienced attorneys are committed to securing the justice and compensation you deserve. Contact us today for a consultation.
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