Common Types of Traumatic Brain Injuries
The human brain can be injured in several ways. Some common types of brain injuries cited in personal injury claims in Los Angeles include:
- These are the most common traumatic brain injuries and occur whenever a victim suffers a blow to the head. Contact sports, falls, violent attacks, and car accidents are some of the most common causes of concussions. Blunt force trauma causes the brain to strike the inside surface of the skull, potentially causing a host of symptoms. Any concussion has the potential to result in long-term or permanent harm to the victim and leave them more susceptible to concussions in the future.
- This type of injury occurs whenever an injury causes bruising and/or bleeding on the surface of the brain. Contusions can cause similar symptoms to concussions but are often more severe.
- Injuries from oxygen deprivation. This type of brain injury can occur from drowning, strangulation, or exposure to certain chemicals. When the brain is cut off from oxygen, brain cells will start to die very rapidly. The extent of the damage typically depends on how long the victim is deprived of oxygen.
- Penetrating injuries. An open brain injury is a medical emergency. This type of brain injury occurs whenever a foreign object physically penetrates the skull and ruptures brain tissue. Gunshots and flying debris can cause this type of injury, and the victim typically requires immediate emergency care to save their life.
Victims of brain injuries commonly experience a host of short- and long-term symptoms from these injuries. Even if they manage to recover, they can suffer extensive complications that interfere with their ability to communicate, to work, or even manage daily household tasks and live independently.
Symptoms of a brain injury can appear unexpectedly, even months or years after the victim’s initial recovery. It is also possible for a brain injury to immediately cause extensive complications and disabilities, some of which may never improve. Brain injuries are unpredictable, and it is possible for two people to appear to suffer identical injuries but have completely different recovery experiences. What amounts to a seemingly minor injury for one person could be life-changing for another.
Memory loss, sensory impairment like blindness or deafness, and language processing issues are some of the most commonly cited symptoms from traumatic brain injuries. Some victims will need years of therapeutic care to regain lost functions, and some may never regain the quality of life they had prior to their injuries. Any traumatic brain injury can not only be very expensive to treat but also cause a host of lifestyle complications for the victim and their family. For example, if a member of your immediate family is the victim of a traumatic brain injury, you or another family member may need to quit your job to act as their permanent caregiver.
Claiming Compensation for Your Traumatic Brain Injury Claim in Los Angeles
The purpose of a personal injury claim is for the victim to recover the compensation they need to be as whole as possible again after their injury. The total compensation you could seek from the defendant hinges on the scope and severity of the harm they caused. You have the right to seek compensation for both economic and non-economic damages, but the former is more straightforward and easier to prove.
Brain injuries typically demand extensive medical care, and the defendant who caused your injury is liable for the entire spectrum of medical treatment you need to reach maximum medical improvement from the injury. Depending on the type and severity of the injury you suffered, this may include both immediate and long-term care. For example, the defendant will be liable for your hospital bills and the cost of ambulance or airlift transportation. However, if you require rehabilitative treatment of any kind in the future, they are also responsible for these medical expenses.
The victim of a brain injury could be left unable to work for an extended time, and if so, the defendant who caused their injury is liable for the income they are unable to earn during their recovery period. It is possible for a personal injury plaintiff in Los Angeles to secure compensation for immediate and future lost wages resulting from a defendant’s actions. An experienced Los Angeles traumatic brain injury attorney can help their client calculate the total lost earning capacity that results from the defendant’s behavior if the plaintiff is unable to return to work at all in the future due to a permanent disability from the injury.
If the defendant caused property losses and other economic harm to the plaintiff, they are liable for these costs as well. This may include the cost of repairing the victim’s car if the brain injury was the result of a vehicle accident and the defendant’s insurance cannot cover repair costs. If the plaintiff must use alternative transportation to go to medical appointments and legal proceedings, the defendant can be held accountable for these losses as well.
Pain and Suffering in Los Angeles Brain Injury Claims
California law enables personal injury plaintiffs to seek compensation for the physical pain and psychological suffering they experienced. When it comes to brain injuries, these are not only very painful in most cases but also capable of inflicting long-term or permanent harm to victims. Aside from medical malpractice cases, there are no limits for pain and suffering compensation in personal injury claims filed.
Your Los Angeles traumatic brain injury attorney can help determine a suitable amount of pain and suffering compensation to seek from the defendant who caused your injury. If you suffered a permanent disability from their actions, your pain and suffering compensation could be several times more than the total of your claimed economic damages. If you are expected to fully recover in the near future, your attorney may then seek a settlement based on how long it takes you to recover.
Expert witness testimony is often necessary to substantiate a claim for extensive pain and suffering compensation. It can be difficult for anyone to convey the severity of their experience and the psychological distress they have endured, so Easton & Easton will do everything in our power to help our client prove the full extent of the pain and suffering a defendant inflicted on them. We can consult medical professionals to help explain the scope of the harm the defendant has done to you and hold them fully accountable for your pain and suffering.
Resolving Your Traumatic Brain Injury Claim
Other variables can complicate your traumatic brain injury case, but some may lead to an enhanced case award beyond your claimed economic damages and pain and suffering compensation. Specifically, punitive damages could come into play if the judge handling your case determines that the defendant’s behavior exceeded the definition of standard negligence. If they caused the injury through criminal behavior, the judge handling sentencing in their criminal case might include restitution to the victim as one of their penalties.
Your Los Angeles traumatic brain injury attorney can help you understand the many variables that could come into play and complicate your recovery process and/or enhance your recovery. Ultimately, every plaintiff will face unique challenges as they seek compensation for the losses they have suffered, especially in complex cases for serious brain injuries.
When you select Easton & Easton as your legal representatives, our goal is to help recover as much compensation as possible as swiftly as possible. Whether you are seeking legal recourse on your own behalf or on behalf of a loved one too injured to navigate their case on their own, you can expect responsive and compassionate legal counsel from us through every stage of your proceedings.
We can help uncover every channel of compensation available to you to enhance your case award as much as possible. We’ll prepare a compelling initial complaint on your behalf that compels the defendant to agree to a settlement as soon as possible. However, if we cannot settle your case for any reason or if the defendant disputes their liability for your damages, we are fully prepared to represent you in active litigation if necessary.
Brain Injury Lawyer FAQs
Q: How Much Is My Traumatic Brain Injury Claim Worth?
A: Many personal injury plaintiffs initially undervalue their claims, not realizing the full scope of the damages they can seek until they have experienced legal counsel representing them. When you select Easton & Easton to represent you in a traumatic brain injury case, our goal is to secure as much compensation as state law allows for your damages. We can help uncover the full range of economic damages you can seek from the defendant and maximize the pain and suffering compensation you obtain.
Q: How Much Time Do I Have to Start a Traumatic Brain Injury Claim in Los Angeles?
A: There is a two-year statute of limitations on personal injury cases in the state, so you must file your suit within two years of the date your injury occurred. The sooner you file your claim, the more likely you are to succeed. Swift legal action means witness testimony will be as reliable as possible, and physical evidence will be readily available and easier to preserve. After addressing immediate medical issues after your injury, it is vital to consult a Los Angeles traumatic brain injury attorney as soon as possible.
Q: What Happens if I’m Partially Responsible for the Accident That Caused My TBI?
A: California enforces a pure comparative negligence rule that can apply whenever a plaintiff shares fault with a defendant for civil damages. If you are found to bear partial liability for causing your traumatic brain injury, you will lose a percentage of your final case award to account for this. For example, 25% fault would mean losing 25% of the case award recovered from the defendant. If you have any reason to worry that you are partially liable for your brain injury, your attorney can provide invaluable guidance for preserving your claim for compensation.
Q: Why Do I Need a Los Angeles Traumatic Brain Injury Attorney?
A: Don’t make the mistake of assuming that if the fault for your injury is clear, you can handle your case on your own. The right attorney can make a tremendous difference in your experience with any civil claim for damages, and they are likely to reveal avenues of recovery you did not know were available to you. When you have a Los Angeles traumatic brain injury attorney representing you, you are more likely to win your case and maximize your total compensation. Your legal team can help prepare your case and handle all the procedural requirements with the court while you focus on your medical needs.
Q: How Much Does It Cost to Hire a Los Angeles Traumatic Brain Injury Attorney?
A: It’s natural to worry about your potential legal expenses when you face a difficult personal injury claim involving significant damages. Easton & Easton can represent you with a contingency fee agreement, ensuring we only take a legal fee if we win compensation on your behalf. Additionally, the fee you pay will be a percentage of your final case award, and you will pay nothing if we cannot secure compensation for your damages for any reason.
The attorneys at Easton & Easton have helped many personal injury victims in Los Angeles recover their damages, and we are ready to apply our professional experience to your case. If you are struggling with the effects of a traumatic brain injury that someone else caused, we can help hold them accountable for your losses. Contact us today and schedule your consultation with a Los Angeles traumatic brain injury attorney you can trust with your case.