Riverside Traumatic Brain Injury Attorney
Every year, thousands of Americans sustain traumatic brain injuries. These are some of the most dangerous and complex injuries people can suffer for many reasons. They typically require immediate medical care to minimize the chance of life-threatening complications and often pose extensive recovery times to victims. In addition, many brain injuries cause unpredictable long-term effects, some of which may not be noticeable until months or even years after initial recovery. Ultimately, there is no way to predict the exact effects any traumatic brain injury (TBI) will have.
Representing Victims of Traumatic Brain Injuries in Riverside, CA
If you or a loved one recently sustained a TBI due to another party’s actions, you likely have grounds for legal action. A successful personal injury claim against the party responsible for causing your TBI can yield substantial compensation for both short and long-term damages. Therefore, if you believe another party is responsible for causing a TBI, you need to consult a Riverside traumatic brain injury lawyer as soon as possible.
Legal Counsel for Traumatic Brain Injury Victims
It’s difficult for anyone to navigate a civil claim when they are reeling after a damaging incident. In addition, your personal injury is likely to generate significant financial strains for you and your family, potentially influencing your life for years to come. However, these pressing economic issues should not compel you to accept any settlement that is less than you deserve. In California, a personal injury victim has the right to seek total compensation for all damages they suffer due to the actions of another party.
Unfortunately, many personal injury victims accept lowball settlements out of desperation. In the face of medical bills, lost income from the inability to work, and potential long-term financial strain, they will accept the first offers made by insurance companies and at-fault parties. Some people believe their cases are straightforward enough to manage them independently without any help from attorneys. The reality is that navigating any personal injury claim is complex, and it is always best to have legal representation from a lawyer you can trust. This is especially true for severe personal injuries such as traumatic brain injuries.
An experienced attorney can handle your legal affairs so you can recover with peace of mind. A brain injury is likely to force you and your family to adapt in various ways, and the victim of a TBI may face long-term medical complications or disabilities that demand ongoing care. Whatever your unique case may entail, the attorneys at Chris and Frank have the resources, skill, and experience necessary to guide you through every stage of your case. We understand how devastating and traumatic brain injuries are for victims and their loved ones. Our goal is to help you recover from your experience as fully as California state law allows.
How Can TBIs Happen?
TBIs are common in many types of accidents. The determining factor as to whether a TBI victim has the right to pursue a personal injury claim is if another party bears responsibility for causing their TBI. Some of the most common types of incidents that lead to personal injury claims for TBI include:
- Motor vehicle accidents. Vehicle accidents are a leading cause of accidental death and injury throughout the US. Crash forces can easily cause various TBIs, some of which are life-threatening without immediate emergency treatment.
- Workplace accidents. Some industries such as construction and manufacturing pose significant risks of TBIs to workers. Slip and fall accidents, falling objects, and impacts from large objects are just a few examples of how TBIs can happen at work.
- Interpersonal violence. Unfortunately, armed robberies and assaults are relatively common in many of the metropolitan areas of California. A victim of a violent crime could potentially suffer a TBI along with other injuries. The party responsible would ideally face criminal prosecution in addition to civil liability for the victim’s damages.
- Premises liability. Property owners have a legal responsibility to address known safety issues on their properties and warn lawful visitors of potential risks. For example, suppose you sustain a TBI on someone else’s property because they failed to address a foreseeable safety hazard. In that case, you will likely have grounds for legal action under California premises liability laws.
- Medical malpractice. Unfortunately, medical negligence is a commonly reported cause of various types of personal injuries throughout the US. For example, a patient can sustain a TBI due to oxygen deprivation during surgery, inappropriate use of anesthesia, or negligence during various surgical procedures.
These are only a few examples of how a person might experience a TBI in Riverside, CA. These injuries not only cause painful and distressing symptoms but often pose long-term medical costs and other difficulties to those who experience them.
Potential Effects of Traumatic Brain Injuries
One of the most challenging aspects of TBIs is that virtually everyone who experiences a TBI will have a unique experience. Two people might suffer seemingly identical TBIs and report completely different symptoms and challenges. One might appear to recover entirely, while the other is left with profound medical challenges for years. It’s possible for a TBI, even a seemingly mild one, to cause a host of symptoms, including:
- Headaches, which may be persistent and much worse than typical headaches. Some people develop migraine disorders from TBIs.
- Nausea, dizziness, and lack of coordination. These symptoms could be temporary during the initial recovery period from a TBI, but some TBI victims experience these symptoms for months or even years following their injuries.
- Sensory processing difficulties. Brain injuries can interrupt sensory signals in the brain, disrupting vision, hearing, and even senses of taste and smell.
- Memory problems. Short-term amnesia is common among TBI victims. Many wake up and do not remember how their injuries occurred. Others develop more significant memory loss and may have trouble forming new memories following their accidents.
- Language processing problems. TBI victims may struggle with speech and linguistic understanding following their experiences. Some of these issues can require extensive long-term counseling and rehabilitation.
- Mood and personality changes. TBIs can disrupt normal brain functions in various ways, some of which cause changes in temperament, social interaction, and various other processes that appear to result in significant personality changes.
- Cognitive impairment. Unfortunately, many victims of severe TBIs experience cognitive decline and may be unable to live independently following their accidents.
This is not an exhaustive list of all the potential symptoms a brain injury victim might experience, and there is no way to accurately determine how long these symptoms can last or whether they might improve with time.
Determining Liability for TBI Related Injuries
If you are unsure whether you have grounds for a personal injury claim for a TBI, the first step is to determine whether another party is responsible for causing the TBI. Your Riverside brain injury attorney can help you determine liability for your TBI and responsibility for your damages. Depending on how your TBI occurred, more than one party can bear fault for your damages. This is because every personal injury claim hinges on the legal concept of “negligence,” a word that describes a failure to exercise reasonable care and caution in a given situation.
The first step of determining fault for your TBI requires identifying the party or parties you believe to be responsible for the incident and proving they owed you a duty of care in that situation. For example, a driver has a duty of care to refrain from consuming alcohol before getting behind the wheel. If you or your loved one suffered a TBI because a drunk driver hit your vehicle, their duty of care was to drive responsibly. Their breach of that duty of care caused the accident and established their liability for your damages.
Additionally, a personal injury victim needs to prove they suffered actual harm from the defendant’s actions. In a TBI case, this may seem readily apparent. However, California state law requires a personal injury plaintiff to provide the court with a complete and accurate list of all the damages resulting from a defendant’s actions. Additionally, they must prove these damages directly resulted from the defendant’s actions and not some other cause. Your Riverside brain injury lawyer can assist you in establishing these elements of negligence and holding the defendant responsible for causing your TBI accountable for their actions.
Compensation for Brain Injury Victims
TBIs can easily cause substantial damages to the victim and their family. If you are successful with your personal injury claim, you could potentially obtain compensation for various economic damages, including:
- Medical expenses. Most TBIs require intensive immediate emergency care as well as ongoing treatment. Therefore, a TBI victim can hold a defendant accountable for all of their medical expenses, including the cost of any ongoing care they require after initial recovery.
- Lost income. A TBI victim may be unable to work for an extended time due to their injury, or they may be unable to return to work at all. It’s also possible that an immediate family member will need to quit their job to provide constant in-home care to the victim. In a brain injury case, the plaintiff has the right to claim lost wages and lost earning potential resulting from the defendant’s actions.
- Property damage. Many TBIs result from incidents like car accidents that also involve damage to the victim’s personal property. If a defendant damaged your vehicle or other personal belongings, you have the right to hold them accountable for repair or replacement costs.
When you account for the extensive medical treatment and long-term recovery most TBIs require, it should be easy to see how substantial a plaintiff’s economic damages are likely to be in a TBI case. In addition to these economic damages, California law allows for claiming non-economic damages, specifically pain and suffering.
Pain and suffering damages account for a victim’s physical pain and emotional trauma resulting from a defendant’s actions. Your Riverside brain injury attorney can help you determine an appropriate amount of pain and suffering compensation to claim in your lawsuit based on the severity of your TBI and the long-term complications you are likely to face from it. For example, a victim who develops significant disabilities and experiences a wide range of symptoms from a TBI is likely to secure a substantial sum in pain and suffering compensation.
Riverside Brain Injury FAQs
The attorneys at Chris and Frank have years of experience representing personal injury clients in Riverside, CA, and surrounding areas. We want to provide our prospective clients with information that helps them make more informed decisions about their legal options after experiencing personal injuries. The following are some questions we hear most often regarding TBI claims.
Q: How Much Is a Traumatic Brain Injury Worth?
A: The value of a TBI claim varies from case to case. Due to the severe nature of most of these injuries, a victim’s claim could be worth substantially more than they initially expected. A Riverside brain injury lawyer is your best resource for determining your claim’s potential value.
Q: Can I Sue for TBI?
A: If another party caused your TBI through negligence or an intentional act of harm, you have the right to take legal action against them to seek compensation for your losses. Navigating a personal injury claim is much easier when you have reliable legal counsel from an experienced Riverside brain injury lawyer on your side.
Q: What Are the Four Types of Traumatic Brain Injuries?
A: The four categories of traumatic brain injuries are:
- Concussions result from traumatic forces that cause the brain to strike the inside of the skull.
- Contusions commonly result from a traumatic impact on the head. This is essentially bruising on the brain’s exterior.
- Penetrating injuries are common after gunshots and explosions that cause objects to pierce the skull and damage the brain.
- Anoxic brain injuries result from oxygen deprivation that causes brain cells to die rapidly.
Any type of brain injury can easily lead to personal injury claims if another party is responsible for causing them.
Q: Is Traumatic Brain Injury a Permanent Disability?
A: Some brain injury victims appear to make complete recoveries with time and appropriate treatment. Others experience profound long-term medical complications or permanent disabilities. Every brain injury is unique, and while many TBI victims do not develop permanent disabilities, it is always possible for a TBI victim to develop permanent medical complications.
Hopefully, these answers help you understand your legal options a bit more clearly if you or a loved one are recovering from a TBI someone else caused. It’s natural to feel uncertain and distressed if you are unsure what to do next following a TBI. If you are ready to discuss your legal options with an experienced Riverside brain injury attorney, contact Chris and Frank today to schedule a case evaluation with our team.
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