Victims of accidents who suffer brain injuries often face many challenges. The financial expenses can be tremendous. The injured person suffers serious physical and emotional damages. The family is impacted in many different ways. Victims and their families may recover compensation for these damages by filing a personal injury claim against the party responsible for their injuries. A lawyer who has experience fighting for brain injury victims knows how to pursue these very serious and expensive claims.
TBIs Have Lasting Effects
TBIs may occur in a number of ways, such as a motor vehicle accident, a slip or trip and fall, a construction accident, or an injury caused while using a defective product.
Nearly 1.5 million people suffer a traumatic brain injury (TBI) every year (UCLA Brain Injury Research Center). The Centers for Disease Control and Prevention (CDC) report that falls and motor vehicle accidents are among the leading causes of TBIs. Many TBIs have long-lasting effects. Those who sustain major brain injuries may experience and require:
- Extensive medical treatment and surgery
- Assistance with hygiene, feeding, and other activities of daily living
- Around-the-clock nursing care
- Loss of future wages due to an inability to work temporarily or permanently
- Compromised relationships with loved ones
- Reduced quality of life
Even a minor TBI (concussion) can require medical care, missed time at work, and pain and suffering.
Brain Injury Survivors Deserve Full Compensation
Depending on the seriousness of the injury, the lifetime costs of a TBI can be significant. If you suffered a TBI and another party is partly or wholly responsible for the accident, you may be entitled to compensation from the responsible party by bringing a personal injury claim.
TBI-related costs go beyond immediate medical expenses for hospitalization, medication, surgery, and rehabilitation. To make sure you are fully compensated, we compile and review your medical records, get testimony from medical and occupational experts, and evaluate other evidence that helps us identify the total financial, physical, and emotional effects of your injury.
A person who has a TBI and brings a personal injury claim may seek compensation for economic as well as non-economic damages, which include, but are not limited to:
- Past Medical bills
- Future medical treatment
- Current and future lost wages
- Lost benefits
There are other “general damages” related to the loss of enjoyment of life following a TBI, which include, but are not limited to:
- Pain and suffering
- Emotional Distress
- Grief and Anxiety
- Loss of Enjoyment of life
- And much more
You Will Need Help Proving Liability
To recover compensation, you first need to determine who was responsible for the accident that caused your TBI. How you sustained the injury will determine the responsible party. TBIs occur in many ways and are often caused by the negligence of others.
- Falls: More than 40% of TBIs occur in falls. The liable party in these cases may be a property owner who failed to correct a slip, trip, or fall hazard that led to your accident and subsequent brain injury.
- Head Injuries: Almost 16 % of all TBIs occur when an object strikes the victim’s head. If you sustained a TBI from falling debris at a construction site, the site owner might be liable. If you sustained a TBI after merchandise fell on you in a grocery store, the store owner might be liable.
- Auto Accidents: Over 14% occur in automobile accidents. In this case, the liable party may be the driver who caused the accident.
Once we identify the responsible party, we need to establish liability, that is how that party acted carelessly or recklessly to cause your injuries. This requires investigating and case building. We collect evidence to prove negligence and to link it to a TBI victim’s injuries. This evidence varies widely from case to case, but often includes police reports, eyewitness testimony, documentation of injuries, photos or videos of the scene, and testimony from expert witnesses. Essentially, we need to prove that not only did your TBI happen in an accident on the defendant’s property or with the defendant’s car, but that the defendant is the one who caused the accident. This is called causation.
You Still Have a Case, Even If You Are Partially at Fault
Even if you contributed to your injuries, you might still be eligible for compensation. Under California’s pure comparative negligence law, you can recover compensation even if you were 99 percent at fault for the accident. However, your percentage of fault will decrease your settlement award, e.g., if you were 50% at fault, you would only be able to recover compensation for half of your damages.
Request our free e-book, Your Personal Injury Guide: 10 Things You Should Know About Your Personal Injury Case, to learn more about your accident case.
It is crucial to you and your family to hire an experienced personal injury lawyer who will perform a full case investigation, collect all available evidence, work with expert witnesses, and build a strong and convincing case. Not only must you prove the defendant’s liability, but you may also have to fight any allegations of your own negligence and contribution to the accident.
Joshua Cohen Slatkin Will Fight for You and Your Family!
You are not alone!
A TBI impacts every part of your life, from your physical and mental health to your financial stability and quality of life. You do not have to go through the claims process alone. In Los Angeles, JCS Law Firm can help you and your loved one get the compensation you need to cover all your expenses and losses.
Talk to Us! Complete our contact form or call us today at 310-923-7839 to schedule your free consultation.