A traumatic brain injury can occur in a variety of ways. The determining factor as to whether a victim has grounds to file a civil claim for a traumatic brain injury is if another party caused the injury intentionally or because of their negligence in a specific situation. Some of the most common causes of traumatic brain injuries that generate personal injury claims in Costa Mesa, CA, are:
- Car accidents. Vehicle collisions are a leading cause of accidental injury and death throughout the US. If a negligent driver caused a traumatic brain injury in an accident, their insurance might only cover some of the victim’s total losses. A Costa Mesa traumatic brain injury lawyer can help their client secure compensation for all damages not covered by insurance.
- Sports injuries. Some contact sports like football and ice hockey carry a high risk of brain injuries for players. While this type of injury is an inherent risk of playing some sports, a party can bear fault for a traumatic brain injury that occurs during a sporting event depending on the exact nature of the injury.
- Premises liability. Slip and fall injuries can be more damaging than many people expect. Sometimes a person falls and hits their head on an object or on the ground, resulting in a severe brain injury.
- Interpersonal violence. If you or a loved one sustained a brain injury because of an intentional criminal act, the perpetrator faces civil liability for your damages and criminal prosecution.
- Birth injuries. Child birth is a delicate medical procedure that demands strict adherence to the standard of care for the patient’s condition. If a delivery physician is too rough during delivery, fails to properly monitor fetal vital signs, or is otherwise negligent, the newborn could suffer brain damage resulting in permanent disabilities like cerebral palsy.
If any other party recently caused a traumatic brain injury to you or a loved one, it’s vital to consult a Costa Mesa traumatic brain injury lawyer as soon as possible to determine whether you have grounds for a civil action.
A traumatic brain injury can be a life-changing event for the victim and their family. If you intend to pursue a personal injury claim to recover the damages you incurred from a traumatic brain injury, you must understand how damages work in personal injury claims. There are two main damages available in a personal injury claim: economic and non-economic.
Economic damages include losses that are easy to calculate and prove with invoices and other records. For example, in a traumatic brain injury case, the plaintiff has the right to seek full compensation for all medical treatment they require due to the defendant’s actions. Some brain injuries demand immediate emergency medical care and extensive ongoing rehabilitation to help the victim reach maximum medical improvement. Your attorney will help you calculate all of the medical expenses you can include in your claim.
Economic damages also include lost income resulting from a brain injury. The victim will be unlikely to be able to work for an extended period after their brain injury, and the defendant is responsible for the victim’s lost income while they recover. In addition, some brain injuries will cause permanent disabilities, some of which will prevent victims from working at all in the future. If your injuries prevent you from working, you can seek to claim compensation for your lost earning capacity.
Some brain injuries will be severe, and the victim may require ongoing in-home medical care and supervision as well as assistance with living expenses. As a result, they will face a severely diminished quality of life. In addition, the defendant is liable for all economic losses resulting from their actions, and they will likely face even greater liability for the plaintiff’s non-economic damages.
Non-economic damages pertain to the plaintiff’s physical pain, emotional distress, and psychological trauma resulting from a defendant’s actions. Attorneys can use two simple methods to determine appropriate pain and suffering compensation for their clients. The first is a per diem method that seeks a set amount of compensation every day until the victim reaches maximum recovery from their injury. The second is the multiplier method, which involves adding all the plaintiff’s economic damages and then multiplying this amount by a factor of one to five due to the severity of the plaintiff’s condition.
Brain Trauma Accidents FAQs
Q: What Is My Traumatic Brain Injury Case Worth?
A: The value of any personal injury case fluctuates based on multiple factors. Your Costa Mesa traumatic brain injury lawyer will help you determine the total value of your case by calculating your economic damages and then determining appropriate compensation for your pain and suffering that accurately reflects the nature of your injury.
Q: What Are the Four Main Types of Traumatic Brain Injuries?
A: Most traumatic brain injuries fall into four main categories:
- Concussions, which occur when the brain hits the inside of the skull.
- Contusions, which define bruising on the surface of the brain.
- Penetrating head injuries, which entail an object piercing the skull and damaging the brain.
- Axonal brain injury, which defines brain damage caused by oxygen deprivation.
Q: What Happens If a Plaintiff Is Partially at Fault for Causing Their Brain Injury?
A: If an investigation determined that a plaintiff in a brain injury claim is partially at fault for causing the injury in question, California’s comparative negligence law would come into play. The plaintiff would lose a percentage of their case award equal to their percentage of fault for causing the incident in question.
Q: How Much Does a Costa Mesa Traumatic Brain Injury Lawyer Cost?
A: Easton & Easton offers contingency fee billing to our personal injury clients. We will take a percentage of the client’s total case award as our fee, but only if we win the case. If we fail to secure a recovery for our client, the client pays nothing, and there are no upfront costs for our representation.
A traumatic brain injury is a major life-changing issue, and if another party caused a traumatic brain injury to you or a loved one, you need to understand your options for legal recourse. If you are ready to discuss your case with an experienced Costa Mesa traumatic brain injury attorney, contact Easton & Easton today to schedule a free consultation with our team.