If you or a loved one recently suffered a brain injury, the determining factor in whether you can file a personal injury claim to seek compensation is if another party is directly responsible for causing the damage in question. Many brain injury claims result from incidents such as:
- Motor vehicle accidents. These types of collisions are a leading cause of accidental deaths and injuries each year across the US. If an at-fault driver is responsible for causing blunt force trauma resulting in a brain injury, their auto insurance may cover only a fraction of the victim’s total losses.
- Interpersonal violence. Unfortunately, California has a relatively high violent crime rate. If an individual causes a brain injury while committing a crime such as an assault or armed robbery, they face severe criminal penalties and liability for the victim’s civil damages.
- Slip and fall incidents. While many might consider a slip and fall a minor incident, such an accident can easily result in a life-changing traumatic brain injury for the victim. In addition, the property owner might face liability for the victim’s damages if the injury occurred due to their failure to take proper care of the property where the injury occurred.
Your Irvine traumatic brain injury attorney will help you determine which party or parties bear responsibility for your brain injury and the resulting damages. They may need to secure physical evidence from the accident scene, gather statements from witnesses who saw your injury happen and consult various expert witnesses to help you prove fault for your damages.
Success with your brain injury claim in California requires identifying the party who caused the injury and proving the full extent of the damages they caused. California state law allows the plaintiff of a personal injury case to seek total compensation for all economic losses from a defendant’s actions. However, the plaintiff has to clearly prove liability for their damages before obtaining compensation. Therefore, the plaintiff and their attorney must establish a few basic facts to prove a defendant is responsible for the damages listed in the claim:
- The plaintiff needs to show the defendant owed the plaintiff a duty of care in a specific situation. For example, if the brain injury resulted from a car accident, the plaintiff would need to prove the defendant was involved in the accident and owed a duty of care to operate their vehicle safely and lawfully.
- The plaintiff needs to prove how the defendant breached this duty of care. Following the previous example, operating a vehicle under the influence of drugs or alcohol would breach the driver’s duty of care to drive responsibly.
- The plaintiff can only file a personal injury claim if they suffered a measurable loss. Your attorney will help you gather the evidence you will need to prove the full scope of your damages.
- Finally, the plaintiff needs to establish a clear link between the defendant’s actions and the plaintiff’s claimed damages. In other words, they must prove their damages resulted solely from the defendant’s negligence and not some other cause.
When a plaintiff can successfully establish these elements of liability, they are likely to win their case. A successful personal injury claim for a brain injury can yield various compensation forms for the plaintiff’s immediate and future damages resulting from their experience.
If you succeed with a personal injury claim against the party responsible for your brain injury, you can potentially recover compensation for all of the medical treatment required to address the damage. This includes immediate as well as future medical treatment costs, and many brain injuries cause ongoing complications for victims. Whether you were injured or you are taking legal action on behalf of a loved one suffering from a brain injury, your attorney will help you assess the full range of medical expenses you can include in your claim.
When a brain injury results in an inability to work, or if a family member must quit their job to care for the victim of a serious brain injury, their personal injury claim can seek compensation for lost income and lost future earning capacity. In addition, if the defendant’s actions also damaged or destroyed the victim’s personal property, they can include property losses as economic damages.
While the plaintiff’s claimable economic damages may be extensive, the bulk of their recovery is likely to be their compensation for pain and suffering. California law allows a personal injury plaintiff to seek compensation for physical pain and psychological suffering caused by the defendant. Their attorney can help them determine a fair amount based on the seriousness of the brain injury in question and whether the victim faces long-term or permanent effects.
Q: What Are the Most Common Traumatic Brain Injuries?
A: Concussions are the most commonly reported brain injuries in the US. This injury occurs when forces cause the brain to shift inside the skull and collide with the inside surface of the skull. Contusions, penetrating brain injuries, and axonal brain injury from oxygen deprivation are other commonly reported types of brain injuries.
Q: Is a Traumatic Brain Injury a Permanent Disability?
A: Some people are fortunate to recover completely from their brain injuries, while others face lifelong disabilities. One of the most challenging aspects of treating brain injuries is that they can be unpredictable, and symptoms may not be fully recognizable immediately after these injuries occur. If your brain injury results in a permanent disability, your Irvine traumatic brain injury attorney will help you secure fair compensation for the damage.
Q: How Long Will My Case Take to Resolve?
A: A personal injury claim can take weeks to resolve through settlement and much longer if it proceeds to litigation. If the defendant accepts responsibility for the plaintiff’s damages, the parties may quickly reach a mutually agreeable settlement. On the other hand, litigation can take months to conclude, and the judge overseeing the case has the final say on the outcome.
Q: Is It Worth Hiring an Irvine Traumatic Brain Injury Attorney?
A: The right attorney can make a tremendous impact on the overall quality of your recovery. An attorney makes handling your case proceedings easier and significantly improves your chances of success. If you are concerned about the cost of representation, Easton & Easton offers contingency fee billing, meaning there are no upfront costs for our services and no fee if we fail to secure compensation on your behalf.
To discuss your case with an experienced Irvine traumatic brain injury attorney, Easton & Easton is prepared to assist you. Contact us today and schedule your consultation with our team.