Fullerton Traumatic Brain Injury Attorney
The human brain has extraordinary capabilities, and even the latest medical research has yet to fully explain everything the human brain can do. While the brain is powerful and fascinating in its abilities, it is also physically delicate and vulnerable to traumatic injury in various ways. When a brain injury occurs, the victim could face a very long and uncertain road to recovery. Some brain injuries cause permanent damage that diminishes the victim’s quality of life, and any brain injury is capable of causing long-term medical complications.
Legal Representation for Fullerton, CA, Traumatic Brain Injury Claims
Chris and Frank Accident Attorneys has a team of Fullerton personal injury attorneys with years of experience handling complex civil cases. For example, if you or a family member recently sustained a brain injury due to the actions of another party, you likely have grounds to file a personal injury claim against them to seek compensation for your losses. The right attorney on your side can significantly improve your chances of winning your case. Chris and Frank Accident Attorneys’ lawyers have the skills and experience necessary to handle the toughest injury claims in Fullerton.
Victims of traumatic brain injuries may face expensive medical treatment costs, further financial disruption from an inability to work, and other damages. When these incidents occur due to the negligence or intentional misconduct of others, victims must understand their rights and available options for legal recourse. A Fullerton traumatic brain injury attorney is the ideal asset in this situation.
Why Should I Hire a Fullerton TBI Lawyer?
While fault for your recent injury may seem clear, there could be more variables in play than you initially recognize, and your case could evolve into a more complex legal battle than you are prepared to handle on your own. The average person with minimal experience in civil law would struggle in various ways if they attempted to handle their case alone. For example, they may miss court filing deadlines and jeopardize their claims or overlook available avenues of recovery and settle for less than they should.
Working with an experienced legal team allows you to rest and focus on your recovery with peace of mind. Your legal affairs will be in capable hands, and your Fullerton traumatic brain injury attorney can provide responsive updates as your case progresses. Whether you suffered an injury or are seeking legal action on behalf of a loved one too injured to handle their own claim, we can help. The Chris and Frank Accident Attorneys team takes a fully client-focused approach to every case we accept. We’ll take time to get to know you and your situation as we learn exactly how the brain injury in question occurred. In every case we accept, our goal is to maximize our client’s recovery.
Types of Traumatic Brain Injuries and Potential Complications
The term “traumatic brain injury” applies broadly to any instance of the human brain suffering physical damage. The four most common types of traumatic brain injuries reported in the United States are:
- Concussions, which occur whenever external forces cause the brain to hit the inside surface of the skull.
- Contusions, which often result from blunt force trauma to the head. This injury is characterized by bruising and/or bleeding on the brain’s outer surface.
- Axonal brain injuries. These often occur during childbirth procedures, sometimes causing cerebral palsy in a newborn. An axonal brain injury occurs whenever the brain is deprived of oxygen, even for a short time. When the brain does not receive oxygen, cells in various regions of the brain begin to die rapidly.
- Penetrating brain injuries. These occur when objects pierce the skull and rupture brain matter. Gunshots and explosions are among the most common causes of this type of brain injury, and penetrating injuries can easily be fatal without immediate intensive care.
These brain injuries are likely to require extensive medical treatment, both immediately after they occur and into the future. One of the most challenging aspects of treating traumatic brain injuries is the inherently uncertain nature of these injuries. The human brain is complex and unpredictable, and many people have suffered seemingly crippling brain injuries and made full recoveries. Unfortunately, others are not so fortunate, and their brain injuries that appear mild at first result in severe permanent complications.
Concussions are the most commonly reported brain injuries in the US, and these injuries can occur from sports-related accidents, interpersonal violence, vehicle accidents, and slip and fall incidents. A concussion will leave the victim more vulnerable to future concussions, and they can expect to experience a wide range of short- and long-term symptoms, including:
- Severe headaches and migraines.
- Memory loss and ongoing memory complications.
- Sensory disruption, such as blurred vision, diminished sense of smell, and sensitivity to light and sound.
- Personality and mood changes, some of which could be permanent.
- Cognitive disruption, attention disorders, and other neurological symptoms.
Some victims experience concussion symptoms for weeks or months, while others contend with them for years following their injuries. More severe brain injuries like contusions, penetrating wounds, and axonal brain damage are likely to cause permanent damage, including disabilities. Therefore, if you intend to take legal action for a recent traumatic brain injury in Fullerton, CA, you must have legal counsel you can trust who can accurately calculate your claimable damages.
Proving Fault for a Traumatic Brain Injury in California
If another party is responsible for causing your recent traumatic brain injury, you could face a complex and protracted series of legal proceedings if you want to hold them accountable. In the short term, any brain injury can cause a host of economic damages, such as expensive medical bills and lost income from the inability to work. In addition, the victim will likely contend with a great deal of physical pain and psychological distress in this situation. Many brain injuries also pose long-term problems for victims and their families.
California’s personal injury laws allow the victim of another party’s negligence or intentional misconduct to seek full compensation for all economic damages sustained due to their actions. Your Fullerton traumatic brain injury lawyer will be instrumental in accurately valuing your case, and they may uncover channels of compensation you hadn’t considered. Success with your claim will require identifying the party or parties responsible for your injury and establishing the full range of your claimable damages. Some of the most commonly reported causes of traumatic brain injuries that lead to personal injury claims are:
- Motor vehicle accidents. If another driver caused a crash with your vehicle that resulted in a traumatic brain injury, an insurance claim might only help you secure a fraction of your total claimable losses. Chris and Frank Accident Attorneys can help you navigate complex insurance claims following a car accident and then assist you in pursuing further legal action with a personal injury claim.
- Interpersonal violence. Unfortunately, California has one of the highest rates of violent crime in the country. If someone attacked or robbed you and caused a traumatic brain injury, they will face criminal charges and civil responsibility for your injuries.
- Slip and fall incidents. If you suffered a brain injury from a slip and fall accident on someone else’s property, the property owner could be liable for your damages under California’s premises liability statutes. You would need to prove the property owner should have known about the safety hazard that caused your injury and addressed it to prevent injuries to lawful visitors.
- Dog attacks. Dogs are capable of inflicting painful and damaging bites, but they can also knock victims to the ground, potentially causing brain injuries. California enforces a strict liability rule for injuries caused by dogs, meaning the owner of a dog is responsible for any wounds their pet inflicts on another person.
- Workplace injuries. Some workplaces, like construction sites, are inherently dangerous. If you suffered a brain injury at work in California, you could file a workers’ compensation claim to recover some of your losses. If a third party or someone outside of your workplace caused the injury, you could have grounds for a third-party personal injury suit as well.
A Fullerton traumatic brain injury lawyer can help you gather available evidence to prove fault for your brain injury. This evidence may include the police report from the incident, photographs of the accident site, eyewitness accounts from those who saw the incident occur, physical evidence from the accident scene, etc. You will also need their assistance in proving the full scope of your claimable damages.
Recovery From a Traumatic Brain Injury
The personal injury laws of California allow the victim in a personal injury suit to seek various economic damages and non-economic damages in a civil claim for a brain injury. However, once the plaintiff has established the defendant’s liability for their brain injury, they must prove the full scope of losses resulting from the defendant’s actions.
Medical expenses are relatively easy to prove with the correct documentation. The plaintiff must show the full scope of medical treatment costs incurred for their brain injury. In addition, their doctor’s medical report should outline the likely long-term consequences of the injury and detail the immediate effects. Your Fullerton traumatic brain injury lawyer will be instrumental in securing compensation for your immediate and long-term medical expenses related to your brain injury.
Next, you can seek total compensation for any wages lost due to your injury. A brain injury may leave the victim unable to work for a long time or permanently if they develop a permanent disability. If you cannot return to the workforce, your attorney will assist you in calculating the income lost during recovery and lost future earning capacity.
If the defendant’s actions also resulted in property losses, you can include these damages in your claim alongside medical expenses and lost income. For example, if your brain injury occurred in a car accident, you could seek compensation for the cost of repairing or replacing your vehicle. Many plaintiffs are surprised to learn the total economic values of their cases, but their non-economic damages are likely to be most of their total case awards.
The law doesn’t limit how much a plaintiff in a brain injury case can seek in pain and suffering, except for medical malpractice. However, if any medical negligence caused your brain injury, state law puts a limit on pain and suffering compensation of $250,000, even if the injury results in permanent harm. Alternatively, your attorney will assist you to calculate a suitable figure based on how severe your injury is and what long-term effects it has. For example, a plaintiff facing lifelong disability and inability to work or live independently would likely receive far more pain and suffering compensation than a plaintiff who sustained a minor concussion.
FAQs About Fullerton, CA TBI Law
How Do You Prove Fault for a Traumatic Brain Injury?
Success with a civil claim for a traumatic brain injury requires identifying the party responsible for the damage in question and proving that the injury directly resulted from their actions. Every case is unique, and your Fullerton traumatic brain injury lawyer can help you develop a sound legal strategy for your case.
What Happens If the Victim Is Partially at Fault?
If the plaintiff in a brain injury case is proven to bear partial responsibility for causing their claimed damages, California’s pure comparative negligence law will apply, and they will lose a percentage of their case award equal to their fault percentage. If you have any concerns about comparative fault factoring into your brain injury case, your attorney can help you determine the best options for addressing these concerns.
How Much Does It Cost to Hire a Fullerton Traumatic Brain Injury Lawyer?
Most personal injury lawyers use contingency fee billing for personal injury cases, ensuring that legal counsel is accessible to those who need it most. With a contingency fee agreement, the client owes no legal fees upfront and will only pay legal fees if they win their case. The contingency fee is a percentage of the client’s final case award.
How Long Will a Brain Injury Take to Heal?
One of the most challenging aspects of brain injury treatment is the inherently uncertain nature of these injuries. The recovery timeline is different for every brain injury. Some victims heal relatively quickly with few to no lingering effects, while others face lifetimes of chronic complications and disabilities from these injuries.
The lawyers at Chris and Frank Accident Attorneys are ready to provide the answers you need to your most pressing legal questions related to a brain injury claim. To discuss your case with an experienced Fullerton traumatic brain injury lawyer, contact us today to schedule your free consultation.
Fullerton Practice Areas
- Fullerton Personal Injury Lawyer
- Fullerton Car Accident Lawyer
- Fullerton Motorcycle Accident Lawyer
- Fullerton Truck Accident Lawyer
- Fullerton Wrongful Death Lawyer
- Fullerton Dog Bite Lawyer
- Fullerton Slip and Fall Lawyer
- Fullerton Pedestrian Accident Lawyer
- Fullerton Bicycle Accident Lawyer
- Fullerton Rideshare Accident Lawyer
- Fullerton Traumatic Brain Injury Lawyer
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