Brain injuries can happen in many ways. However, the determining factor as to whether you have grounds for a civil action after a brain injury is if another party directly caused the damage due to negligence or intentional misconduct. Some of the most common causes of traumatic brain injuries in California that lead to personal injury cases include:
- Motor vehicle accidents, which are a leading cause of accidental injuries and deaths throughout the US each year. If a negligent driver caused a brain injury to you or a loved one, their auto insurance policy might only cover a portion of your claimable losses.
- Criminal activity. Driving under the influence, assault, armed robbery, and many other criminal offenses can potentially lead to victims sustaining traumatic brain injuries. Parties responsible for such injuries are not only liable for victims’ civil damages but also face criminal prosecution.
- Slip and fall incidents. If your brain injury occurred on someone else’s property, the property owner could be liable for your damages if they neglected to address a foreseeable hazard that resulted in your injury.
- Sports accidents. If a sports-related concussion occurs due to negligence, the party responsible can face liability for a personal injury claim.
Ultimately, if any other party bears fault for causing a brain injury to you or a loved one, you likely have grounds to file a personal injury claim against them. But, again, your Huntington Beach traumatic brain injury attorney can help you gather the evidence you need to establish fault for your damages.
Brain injuries tend to be severely damaging, posing a wide range of immediate and long-term complications to the victim. California’s personal injury laws allow plaintiffs to seek full compensation for economic losses sustained due to the defendants’ actions named in their complaints. When it comes to the damages available in your brain injury claim, these may include:
- Medical expenses. Victims of brain injuries typically require extensive emergency care immediately after their injuries, followed by ongoing treatment. Therefore, the defendant who caused your recent brain injury is liable for any medical expenses incurred because of their actions.
- Lost income. The victim of a brain injury may not be able to work for a long time after their accident, or they could be left unable to work at all due to a permanent disability. The defendant is liable for both lost wages and lost earning capacity.
- Property damage. If the defendant’s actions resulted in any property loss, such as damage to the plaintiff’s car, home, or other personal belongings, the defendant is liable for repair or replacement costs.
Beyond these economic damages, California state law allows a personal injury plaintiff to seek compensation for their pain and suffering. For example, when a brain injury causes permanent damage, the victim may be unable to work and support themselves in the future. If the injury results in a permanently diminished quality of life for the victim, they can typically expect to secure substantial compensation for pain and suffering due to the severity of their condition.
Q: How Do You Prove Fault for a Traumatic Brain Injury?
A: The process of establishing fault for a traumatic brain injury will be unique for each case. Your attorney can help you gather whatever evidence you need to prove liability for your damages. For example, a brain injury case can revolve around negligence or a failure to act with reasonable care. It’s also possible for a civil claim to arise from intentional misconduct, such as driving under the influence (DUI) or an assault.
Q: Is It Worth Hiring a Huntington Beach Traumatic Brain Injury Lawyer?
A: Hiring experienced legal counsel increases your chances of success with any personal injury claim, and you are more likely to maximize your final recovery. When you face a very complex civil suit such as a brain injury claim, you are far more likely to secure the compensation you need to recover with the help of an experienced attorney.
Q: How Long Will My Claim Take to Resolve?
A: Legal proceedings following a brain injury can be protracted and tedious, but a good attorney will help you determine the best ways of streamlining your case. When a personal injury claim proceeds to settlement, it’s possible to resolve the issue within a few weeks. However, litigation can take several months to conclude if the case goes to trial.
Q: How Much Does a Huntington Beach Traumatic Brain Injury Lawyer Cost?
A: Easton & Easton charges clients no upfront legal fees, and our clients pay legal fees only once we win their cases. With a contingency fee agreement, the client parts with a percentage of their final case award to cover their legal fees. This ensures our legal services are accessible and affordable to those who need them most.
Easton & Easton can answer your other pressing legal questions after a brain injury. Contact us today to schedule your consultation with a reliable Huntington Beach traumatic brain injury attorney.