San Diego Traumatic Brain Injury Lawyer

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San Diego Traumatic Brain Injury Attorney

Any personal injury is capable of causing life-changing effects, but traumatic brain injuries are especially dangerous and damaging. Many people who experience head trauma and traumatic brain injuries experience many difficult symptoms, some of which prevent them from working or living independently. If you or someone you love recently sustained any traumatic brain injury, you likely face an uncertain road to recovery and may not know how to address the situation. It’s understandable to feel frustrated and uncertain when another party is clearly responsible for your damages, and a San Diego traumatic brain injury attorney is the best resource to have on your side in this challenging situation.

Legal Counsel for Traumatic Brain Injury Claims in San Diego, CA

Chris and Frank offers comprehensive legal counsel to traumatic brain injury victims in San Diego, CA. If another party caused your head injury, you have the right to seek compensation for your losses through a personal injury claim. Having the right attorney on your side can make a significant difference in the outcome of your case and the quality of your recovery.

Why You Need a San Diego TBI Attorney

If another party is clearly at fault for your recent traumatic brain injury, it’s natural to wonder whether you really need to hire an attorney to hold them accountable. You might think you can calculate your damages and pursue your personal injury claim on your own, saving money on legal fees. Realistically speaking, the average person with no formal legal experience would have tremendous difficulty handling their own personal injury claim, especially when struggling with their recovery.

Handling your traumatic brain injury claim on your own . If so, you will need to meet strict deadlines with the Orange County civil court, and any missed filing deadlines or other procedural missteps can have disastrous consequences for your case. You need to carefully manage your entire case while addressing your medical needs. Whether you are recovering from head trauma or helping a loved one through their recovery, an experienced San Diego traumatic brain injury lawyer will be an invaluable asset in this situation.

Hiring the right attorney to represent you means you and your family can focus on your recovery with peace of mind knowing your case is in capable hands. Chris and Frank has years of experience representing San Diego clients in complex personal injury claims, including brain injury cases that entail substantial damages. We know the stress and uncertainty that anyone in this position can face and strive to help our clients approach their cases with clarity and confidence.

San Diego traumatic brain injury lawyer

How Do Head Injuries Happen?

A traumatic brain injury can happen in various ways. Sports accidents are one of the most commonly reported causes of head trauma in the United States. People who play sports like football and ice hockey face a risk of traumatic brain injury regularly. Most professional football players in the US have suffered at least one concussion, and many athletes have had their careers end due to traumatic brain injuries. While these are assumed risks, and most professional athletes have contractual rights when treating their injuries, the average person can have a much more difficult time securing compensation for their losses from a brain injury.

The most critical factor in determining whether you could file a civil claim in response to a traumatic brain injury is if another party caused the injury. Some of the most commonly cited causes of traumatic brain injuries that lead to California personal injury claims include:

  • Car accidents. A severe car accident can easily cause traumatic brain injury. If a negligent driver caused an accident that resulted in head trauma to you or a loved one, you need legal advice. An attorney can help you file an auto insurance claim for some immediate relief after the accident. A San Diego traumatic brain injury attorney is your best option for securing full compensation for your damages.
  • Slip and fall accidents. Property owners have a legal responsibility to correct known safety risks on their property. If a lawful visitor is likely to encounter any hazard, the property owner must address the situation as soon as possible or at least warn the visitor about the hazard. If you sustained head trauma from a slip and fall on private property, the property owner is likely liable for your damages under California’s premises liability laws.
  • Violence. Unfortunately, California has one of the highest rates of violent crime in the country, and many people throughout Southern California experience violent crime every day. If you or someone you love suffered a traumatic brain injury from an assault or any other type of intentional violence, the party responsible will face criminal prosecution in addition to civil liability for your damages.
  • Workplace accidents. Construction and other injuries are inherently dangerous for workers. Suppose your head injury occurred at work in San Diego. If so, you can file a workers’ compensation claim to secure coverage for your medical expenses and temporary disability benefits until you can return to work. However, some workplace accidents may qualify for further legal action. Your San Diego traumatic brain injury lawyer can help you file a personal injury claim if your head injury occurred due to intentional misconduct, if your employer does not have workers’ compensation insurance, or because of the actions of a third party.

These are just a few examples of incidents that can lead to personal injury claims for traumatic brain injuries in California. If you believe another party is directly responsible for causing your injury, you need to consult a San Diego traumatic brain injury attorney as soon as possible.

Proving Fault for a TBI in San Diego, CA

Success with a personal injury claim requires proving fault for the injury. Your lawyer can help you collect the evidence you will require for establishing a defendant’s liability for your damages. Virtually every personal injury claim in California involves the failure to act with reasonable care in a given situation or negligence. There are four elements of negligence you will need to establish to succeed with your lawsuit:

  1. You must prove the defendant owed you a duty of care in the situation in question. For example, drivers have a duty to pay attention while operating their vehicles.
  2. You need to show the court how the defendant breached this duty of care. This could be through a specific action such as distracted driving, or inaction, such as failure to address a known safety issue on their property.
  3. The plaintiff must provide complete and accurate information that shows the full extent of their damages. In other words, the plaintiff must prove they suffered actual harm.
  4. Finally, the plaintiff must prove their damages are the direct result of the defendant’s breached duty of care. Establishing causation means proving that the plaintiff’s injury would not have occurred but for the defendant’s actions.

If you can successfully establish these four elements, you will likely win your personal injury case. Traumatic brain injury claims are some of the most complex civil claims anyone can face, and you will likely need the assistance of an experienced San Diego traumatic brain injury lawyer to guide you through your case proceedings.

Potential Damages and Compensation in a Traumatic Head Injury Claim

California’s personal injury statutes allow a plaintiff to seek compensation for any damages caused by a defendant’s negligence. However, one of the most challenging aspects of brain injury claims is that the full scope of the victim’s damages may not be immediately clear. Some brain injuries cause extensive damages that persist for years, and others result in nebulous damages that are very difficult to assess. It could take months before the victim can accurately ascertain the full scope of their claimable damages.

An experienced San Diego traumatic brain injury attorney is the best resource if you want to maximize your recovery. California law says that a plaintiff in a personal injury case can seek compensation for:

  • Medical care costs. Any brain injury will likely entail substantial immediate medical expenses and long-term medical costs. The victim of a traumatic brain injury may require intensive care to stabilize and then face a very long and painful recovery. Your attorney can help you prove the full scope of the medical expenses your injury has caused, both immediate and future.
  • Lost income. A traumatic brain injury can have devastating effects, and the victim is likely to be unable to work for an extended time while they recover. Some victims will develop permanent medical complications and disabilities that will prevent them from returning to work at all. Your attorney can help you prove lost income resulting from your brain injury and hold the defendant accountable for these losses. If you cannot ever return to work, a good attorney can help you prove lost future earning potential and add these projected losses to your claim.
  • Property damage. If the defendant also damaged your property when they caused your traumatic brain injury, you can seek compensation for repair and replacement costs in your personal injury claim.
  • Pain and suffering. California statutes say that a plaintiff in a personal injury case can seek compensation for physical pain and psychological distress resulting from a brain injury. The amount a plaintiff receives hinges on how severe their injury is and whether they are likely to face permanent complications from the injury. In severe traumatic brain injury claims, pain and suffering could account for the bulk of the plaintiff’s total case award.

It’s common for personal injury plaintiffs to discover their claims are worth much more than they initially expected once they secure legal representation. Most civil claims filed in California settle outside of court, but settlement is only possible if a defendant acknowledges their responsibility and agrees to negotiate. If a defendant contests liability or argues the scope of the damages sought by the plaintiff, a trial will ensue.

How San Diego Brain Injury Attorneys Can Help

Whatever your personal injury claim entails, you can approach the situation with greater confidence when you have an experienced San Diego traumatic brain injury attorney handling your case. Your attorney can help you gather the evidence and documentation you will need to build your claim. They will also assist you in proving the full scope of your damages to maximize your recovery.

It’s important to remember that California enforces a pure comparative negligence law, meaning a defendant may attempt to deflect liability for a plaintiff’s damages by claiming the plaintiff is partially responsible for causing their damages. Pure comparative negligence means a plaintiff can still recover compensation if they bear partial liability, but they lose a percentage of the case award to reflect their fault. Your San Diego traumatic brain injury attorney can assist you in minimizing any potential comparative negligence you might absorb in your claim, ensuring the best recovery possible under California state law.

FAQs About San Diego, CA TBI Law

Can I Sue for a Head Injury?

If another party is directly responsible for a head injury, you likely have grounds to file a personal injury claim against them. If you are unsure whether you have a case, it’s important to consult a San Diego traumatic brain injury lawyer as soon as possible.

How Much Can You Sue for in a Head Injury Case?

California law says that a plaintiff in a personal injury case can seek compensation for all damages caused by a defendant. You might have trouble determining the full scope of the damages you can include with your claim, so it’s best to retain legal counsel as soon as possible after your injury. The sooner you have legal counsel on your side supporting you, the easier it will be to maximize your recovery.

How Much Does a Traumatic Brain Injury Cost in Medical Treatment?

Many brain injury victims face years of rehabilitative treatment and a wide range of complex symptoms. A traumatic brain injury could lead to very expensive initial treatment costs along with years of additional medical expenses for ongoing care the victim requires. Your attorney can help you calculate the full range of medical expenses your case entails and hold the defendant accountable.

Is Traumatic Brain Injury a Permanent Disability?

A traumatic brain injury has a high chance of causing permanent complications. Even a seemingly mild brain injury like a concussion will leave the victim more susceptible to head trauma in the future. Ultimately, every traumatic brain injury case involves some level of permanent or long-term harm.

Contact Attorneys Chris and Frank for Brain Injury Help Today

It’s easy to feel isolated and distressed about your situation. Still, the right attorney can give you the answers you need for your most pressing legal questions after a traumatic brain injury. The attorneys at Chris and Frank have extensive experience guiding clients through these difficult cases and are ready to provide the legal counsel you need. Contact us today and schedule a consultation to learn more about how our firm can assist with your recovery.

Actual Client Testimonials

This is the best firm to go to. They will fight for your rights to be compensated. I have a loved one that used them. They treat you like you are one of their own family members. I highly recommend them. To be honest I wouldn’t use any other firm.” Jeff E.

Client Review: 5/5
August 2021
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