Brain Injury Lawyer
Receiving a traumatic brain injury (TBI) will change your life forever. The physical and mental stress caused by the event, and the financial costs involved, place a burden on you and your family. You could lose your job and income, but the medical bills keep pouring in.
Where do you turn for support? If your injury occurred due to the negligence or incompetence of others, you could have a claim against them. Reach out to our expert legal team, and we'll review the merits of your case.
We'll help you recover compensation for current and future medical costs, lost earnings, and the emotional impact an accident has on your life. Contact us. We aim to negotiate the largest settlement from the insurance company or responsible party.
Contact our brain injury lawyers. We offer you a free consultation to discuss the merits of your case. We'll help you recover lost income, damages, and compensation for your medical care and rehabilitation.
File a Traumatic Brain Injury Lawsuit in California
Every year, hundreds of people incur serious brain injuries in California. Our team of head injury lawyers will help you navigate the complex legal environment of filing a lawsuit against the responsible parties.
California law recognizes the impact of the overwhelming mental and financial damages caused by a traumatic brain injury. Our legal team will help you build a case for your axonal injury or head trauma accident, holding the responsible party accountable.
Traumatic Brain Injury Signs and Symptoms
According to a Centers for Disease Control report, approximately 2.8 million Americans suffer traumatic head injuries each year. Here are the most common symptoms of a traumatic brain injury.
- Loss of Consciousness
- Vision Impairment
- Hearing Loss
- Respiratory Distress
- Memory Loss
- Concussion
- Cerebral Contusion
- Difficulty Speaking
- Semi-Comatose State
- Difficulty Understanding Language
- Seizures and Abnormal Movements
- Brain death
Types of Traumatic Brain Injuries Among Plaintiffs
We represent the victims of personal and workplace injuries. We deal with clients in dire financial positions due to the negligence of others. We'll unpack your case to see if you're eligible for compensation by the party involved in your accident.
We thoroughly understand California law and how it applies to your unique situation. We'll help you get the justice you deserve by filing a lawsuit. We'll navigate the process on your behalf, achieving a settlement to cover your current and future financial losses, extended physical pain, psychological distress, and more. There are a number of different types of brain injuries.
| Types of Traumatic Brain Injuries |
|---|
| Open Head Injuries: Includes moderate to severe TBI injuries posing a life risk to the victim, often rendering them unconscious. |
| Skull Fractures: A severe head injury. Severe fractures can lead to brain damage, leaking of spinal fluid, seizures, and paralysis. |
| Penetrating Injuries: This head trauma occurs when an object pierces the dura mater of the brain at high velocity. |
| Closed Head Injuries: There is no skull penetration with this trauma, but it damages brain cells and may cause loss of consciousness. |
| Contusions: A cerebral contusion is a bruise to your brain tissue. It can result in microhemorrhages and blood vessel leaks. |
| Brain Lesions: A blood clotting problem only visible with an MRI scan. Victims may have lesions on the brain and show minor symptoms of TBI. |
| Diffuse Axonal Injuries: Diffuse axonal injury occurs when the brain rotates inside the skull due to shaking and twisting of the head. |
Causes of a Traumatic Head Injury
Traumatic brain injuries can result from the following:
- Chronic Traumatic Encephalopathy
- Motor Vehicle Accidents
- Pedestrian Accidents
- Slip-and-Fall Accidents
- Shaken Baby Syndrome
- Sports Injuries
| Book a free case evaluation with our brain injury attorneys if you or a family member is dealing with TBI caused by third-party negligence. |
|---|
Please contact us if you have medical documents verifying a moderate or severe TBI. Our brain injury attorneys will get you a favorable settlement to cover your lost income and medical expenses.
If You Suffered Traumatic Brain Injury in California, You Need to Act Now
We understand how dealing with a head trauma like TBI can impact your lifestyle and family relationships. Our traumatic brain injury attorneys will guide you through the legal process, ensuring you get compensation for your medical bills, loss of income, rehabilitation, and other expenses relating to your injury.
Take action now and call our firm. We'll consult with you at no charge and discuss the merits of your case. We'll get you the settlement you need to remove the financial uncertainty around your condition.
Early filing of a lawsuit for your severe brain injury claim has the following advantages.
- The sooner we start, the easier it is for us to collect objective evidence and witness statements surrounding your case details.
- You get fast treatment and better chances of making a full recovery from your injury.
| If you wait a long time to file a lawsuit for brain injury claims, you may miss out on payments you could have recovered. |
|---|
Our law firm can help you file a personal injury case on behalf of a loved one.
The bottom line is – Hire a traumatic brain injury lawyer as soon as possible after the accident. Insurance carriers often attempt to undervalue your injury claim, especially if months have elapsed since the accident.
How to Prove a Traumatic Head Injury in Court?
When presenting a traumatic brain injury (TBI) lawsuit, you need to prove the injury occurred.
If you suffer a TBI in a car accident lawyer, your lawyer will review CCTV footage from any security cameras positioned around the accident site. We'll also check if any police reports can verify the accident.
Regardless of how the trauma occurred, you can build your case using the following strategies and documents.
A Treating Physician May Testify
To prove that you endured a traumatic head injury, your doctor and other medical professionals can serve as healthcare witnesses.
A treating physician is allowed to testify to the causation, degree of injury, and permanency of
closed head injuries, for example.
We can also help you obtain treatment with board-certified doctors who can provide testimony about your TBI treatment.
Brain Imaging and Medical Tests
The court may require imaging and test results that confirm your TBI. Here are the three primary medical tests to prove traumatic brain injury.
- Magnetic Resonance Imaging (MRI)
MRI acquires a clean image of traumatic brain injuries and where the damage occurred. This test can detect abnormal brain activities, concussions, and TBI damage.
- Computerized Tomography Scan (CT Scan)
A CT scan provides an image of your brain injuries. It shows bruised brain tissue, internal bleeding, and other, less obvious damage.
- Intracranial Pressure (ICP) Test
This test monitors swelling in your brain. Confusion, disoriented movement, and respiratory issues can be associated with increased intracranial pressure after a traumatic brain injury.
These tests are critical to forming a solid foundation for your case. After reviewing your medical information, a doctor will categorize your brain injury into one of the following classes per its severity.
The Stages of Brain Trauma
After the diagnosis, your traumatic brain injury can fall into one of the following categories:
- Mild TBI
You were not knocked unconscious but sustained a mild concussion. Or, you were knocked out for less than 30 minutes and recovered your memory in less than 24 hours.
- Moderate TBI
You were knocked unconscious for longer than 30 minutes, up to 24 hours. You experience memory loss lasting one day to a week.
- Severe TBI
You were knocked unconscious or comatose for more than 24 hours. Memory loss lasted over a week.
Take the Next Step: Discuss Your Case with a Traumatic Brain Injury Attorney
A traumatic brain injury (TBI) can have lasting effects on your health and mind. If you experienced the injury due to negligence on the part of others, you deserve financial compensation.
We've helped hundreds of TBI victims build a case and file suit for damages and compensation relating to their injuries. We're confident we have the best personal injury lawyers in California. You get elite-level representation and the best chance of receiving your deserved settlement.
Reach out to our offices and book a free consultation with our expert brain injury attorneys. We promise you professional handling of your case and a favorable settlement. Get the money you need to cover your treatment, rehabilitation, and lost income.
How Our California Traumatic Brain Injury Lawyers Can Help
We specialize in providing legal advice to brain-damaged accident victims. If the accident wasn't your fault, there is no reason why you should have to cover your medical costs and lose your income.
Let us represent you in court. We have a team of legal experts that know how to navigate the particulars of a TBI claim.
Filing the Personal Injury Lawsuit
If you receive a TBI due to another party's careless behavior, you may have a case. The responsible party to the accident will have to pay the victim a settlement if found liable. If you have insurance, we'll help you recover any outstanding payments per your policy.
Our personal injury attorneys can help you file a lawsuit. If you experience a motor vehicle accident, a slip, and fall accident due to unsafe construction, or occupational accidents. We can help you navigate your claim and lawsuit.
We use the following process to evaluate your claim and build your case.
Gathering Evidence
We collect medical documents ascertaining the extent of your traumatic brain injury and the necessary evidence implicating the defendant in your case.
Providing Necessary Medical Care
California brain injury lawyers work with a network of world-class doctors, nurses, healthcare professionals, and caregivers. We'll help you obtain the medical care and support you need during the initial stages of your recovery.
Recovering Your Claim
We aim to close claims early. In many cases, you won't even see the inside of a courtroom. We do everything we can to settle out of court and prevent the hassle of you making an appearance in the dock. However, if we go to court, we come prepared with everything we need to ensure a swift verdict and justice for your case.
Proving Financial Liability
One of the first steps in building your case is determining the financial liability of the party responsible for causing your brain injury. Your head injury attorney evaluates the situation, pointing out negligence on their part. We'll obtain a copy of your insurance policy to determine the policy limit.
Negotiating with the Insurance Company
After discussing your medical expenses, lost wages, property damage, and other losses, we send the insurance company a letter of demand based on the evidence collected and your policy limit.The insurance carrier may reject the letter of demand or provide a lower settlement offer. We negotiate with the company on your behalf, informally or in a professionally mediated session.
Who Can I Sue for My Brain Trauma?
Our law firm believes you shouldn't carry the burden of a traumatic brain injury when someone else's reckless actions are to blame. Contact our law firm to discuss the details of your accident and injury.
Your accident could involve multiple parties as well as the parties' actions or inactions. To recover compensation, we identify parties with legal liability and the means to pay your settlement.
As personal injury lawyers, we ask the following questions when building your case and issuing liability.
Which persons/companies are liable for actions placing you in harm's way?
Who failed to take a particular action, thereby causing your injury?
Our California Law Firm Can Help You Prove
We've helped thousands of Californians with successfully navigating a personal injury claim. You can count on our law firm to recover your personal and financial losses after experiencing a brain injury. During our consultation with you, we collect the following evidence relating to your case and liability.
- The Type and Extent of the Injury
- Accidents and Their Elements
- Emotional, Physical, and Financial Losses
- Negligence of the Defendant
- Strict Liability
- Intentional Wrongs
As your attorneys, we can establish that you did not have a pre-existing brain injury and that your injury resulted from another person's negligent or reckless actions.
What Is a Legal Claim for Traumatic Brain Injury Worth?
The average TBI case in California results in a settlement north of $1 million. According to Jury Verdict Research, the average personal injury verdict in California in 2020 was $ 1.81 million.
Depending on the nature of your head/brain injury, age, and health, we can claim sizable settlements before going to court or prepare you for trial with a jury of your peers.
We work tirelessly to ensure you get the settlement you deserve.
What Damages Can I Recover Through a Brain Injury Lawsuit?
If you experience a traumatic brain injury that wasn't your fault, you'll need to file a lawsuit against the responsible party.
With the right attorney working on your case, a brain injury lawsuit in California can result in a settlement covering the following costs.
- Medical bills
- Current and future hospital expenses
- Loss of income
- Emotional distress
- Property damage
- Trauma and disfigurement
- Decreased earning capacity
- Pain and suffering
- Rehabilitation
- And more!
Filing a Brain Injury Case for a Family Member
In many head injury cases, the victim may be unable to file a lawsuit due to their physical condition, mental state, or age. In those cases, the court appoints a family member or a friend to act as a conservator of the injured party. Once a legal conservatorship or family member is authorized, the guardian can file a lawsuit on behalf of the victim.
Here's how the legal process works for different individuals:
For Incapacitated Adults
Traumatic brain injuries can incapacitate the victim. If they cannot take legal action against the at-fault party, their family member can come forward and file a lawsuit.
These head injury cases involving incapacitated adults can be complex. Our traumatic brain injury attorney diligently fights for you and your case, helping you receive the best personal injury settlement.
For Minors
Minors have the right to wait until their 18th birthday to file a personal injury lawsuit. However, a parent or a legal guardian can file the claim in place of the victim.
If your child suffers serious head trauma, it's in their best interest that you, as a parent, file the personal injury lawsuit on their behalf, with the aid of an attorney.
As a legal conservator, you are not entitled to the settlement awarded to the minor, as the sum is generally intended for the minor's benefit.
Statute of Limitations in California Head Injury Cases
The statute of limitations describes the timeframe during which a plaintiff can bring a lawsuit against an individual or company. For personal injury claims in California, you have two years from the day of the accident to file your case, subject to some exceptions.
- Mental Capability
It is well-known that a traumatic brain injury victim may lose his/her ability to reason or suffer from diminished mental capacity.
- Children/Minors
Minors cannot negotiate a legal settlement for a personal injury claim. A parent is allowed to represent the child, or he/she can hire an attorney. Moreover, parents/guardians may have a separate case and legal right to compensation for medical expenses incurred on their behalf during the child's treatment.
- Claims Filed Abroad
The statute of limitations may vary depending on the country where the accident occurred.
Who Can Make a Traumatic Brain Injury Claim?
If a person or an organization is fully or partially responsible for your brain injury, you can claim compensation or take them to court. To proceed with your claim or be eligible for settlement, you must have documents and medical reports to prove you sustained a TBI.
You can file a traumatic brain injury claim based on various circumstances, such as the following.
- Construction accidents
- Slip and fall accidents
- Car or motorcycle collisions
- A blow to the head from violent encounters
- Intentional violence
- Pedestrian accidents
- Defective products
- Animal attacks
- Sports injuries
A mild traumatic brain injury (mTBI) means the survivor loses some of his/her mental capacity for a certain period.
You can file a case on their behalf if a family member recently suffered a terrible car accident and brain injury diagnosis.
Contact our law firm for a free case evaluation. Our talented attorneys will evaluate whether you have a valid claim and what you can expect from a settlement.
How Much Compensation Will I Get for a Traumatic Brain Injury?
Compensation for brain injuries in California varies depending on your case's facts.
The settlement may depend on the nature and extent of your injury, the evidence against the defendant, medical expenses, monetary value of your pain and suffering, and lost income/wages.
The average payout for personal injury claims can range wildly. However, TBI cases tend to command significant sums due to the importance correct brain function has in our lives. You could be looking at a settlement worth millions of dollars. We'll help you understand the complexities and value of your claim.
We have dealt with thousands of brain injury claims as professional brain injury attorneys. We're confident we can tell you if you have a case and what you can expect from a settlement.
How Can I Help My Traumatic Brain Injury Case to Succeed?
A traumatic brain injury disrupts your quality of life. You'll need immediate medical attention and many follow-ups with your physician. Most traumatic brain injury lawyers do not charge an hourly rate for injury claims; rather, they take a percentage of the settlement value after winning your case.
We may be able to obtain an early settlement, allowing you to handle the financial responsibilities involved with your treatment and rehabilitation.
To expedite the legal process, ensure you keep all your medical, financial, and insurance documents in a dedicated file.
Follow a treatment plan placing you in a strong position to recover the settlement you deserve.
Ensure you receive treatment from certified medical professionals, and stick to your doctors' healthcare recommendations.
How Can I Afford a Personal Brain Injury Lawyer?
Most brain injury lawyers in California work on a no-win-no-money basis. So, you don't have to cover any upfront costs for your representation.
Therefore, you won't incur a financial loss even if you lose your case, so it makes sense to retain a law firm. We'll discuss the merits of your case during a free consultation.
We provide a roadmap for your case and a strategy surrounding the process from start to finish. Book your free consultation with a professional personal injury attorney right now.
Should I Accept Settlement from an Insurance Company for My Brain Trauma?
You usually shouldn't accept a settlement offer for your traumatic brain injury from an insurance company without speaking with a lawyer. If they contact you and intend to settle the case before you hire a PI lawyer, it may mean that they think their client has legal liability for causing your injury.
In many cases, legal liability is worth more in court than the settlement offered by the insurance carrier. At first, it may seem like a good opportunity to cover your medical bills. But if you accept it, you may lose your right to claim a better settlement later.
In short, accepting money from the at-fault party's insurer without consulting with an attorney is a bad approach. If you suffered a brain injury significant enough for insurance companies to approach you, you might have a good chance of winning your case. Contact us, and we'll evaluate your claim.
How Long Will My Claim Take to Settle?
Your brain injury claim can take months or even years to settle. Understanding the depth at which your injury affects your life may take years to learn. Early settlement might seem like a good strategy, but you could be shortchanging your treatment and rehabilitation, thereby undervaluing your compensation.
You need a law firm working on your behalf. We'll help you recover the settlement and compensation you need to rebuild your life and access the best healthcare available.
Take action and reach out to our offices right now. We offer you a free consultation with a qualified, experienced traumatic brain injury lawyer. We'll answer your questions and put your mind at ease.
Consult Our California Personal Injury Firm Today!
Receiving a brain injury is hard enough on your health and we-being. But when medical bills pile up, it becomes a flat panic. Being under financial stress will not help you recover from your injury.
We are a team of California-based traumatic brain injury attorneys. Dealing with traumatic head injuries is one of our specialty practice areas.
Reach out and book an appointment. We'll sit down with you to discuss your case. An expert brain injury lawyer will give you the advice you need to proceed with your case and claim the settlement you deserve.