California Brain Injury Lawyers
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Our California Brain Injury Lawyers Provide Legal Support When You Need It Most
Brain injuries are serious and can result in permanent disability or death. If you suffered this type of injury in an accident, you may have grounds to pursue legal action. Speak to the California brain injury accident lawyers at our firm to explore your options for seeking compensation from the responsible party. Call (888) 488-1391 for a free evaluation of your case.
Many cases of traumatic brain injury (TBI) occur due to an accident, such as a traffic collision, a slip-and-fall, or drowning, while others may result from an act of violence. In these instances, a direct blow, a penetrating injury, or a violent shaking of the head damages the brain tissues and blood vessels. As a result, the brain may experience swelling, bruising, or bleeding, leading to significant and often long-lasting impairments.
If you suffer from a brain injury, your personality, capabilities, and life might not be the same after the accident. These injuries often bring many challenges, and seeking legal guidance can be important. Our brain injury accident attorneys can provide legal support by reviewing your situation and considering your medical expenses, lost wages, and other losses related to the injury.
No two TBIs are the same. Each has unique signs, symptoms, and outcomes. These individual factors, along with the evidence, play a role in determining what damages may be pursued under the law.
What Is A Brain Injury?
A brain injury is any damage to the brain that disrupts its normal function. It is generally classified into two categories: traumatic and non-traumatic. A traumatic brain injury is caused by an external force, such as a bump, blow, or object piercing the skull. On the other hand, a non-traumatic brain injury results from internal factors that deprive the brain of oxygen, such as stroke, infection, tumors, or airway obstruction.
Acquired brain injury (ABI) is a broader term encompassing both traumatic and non-traumatic brain injuries that occur after birth. It excludes congenital conditions or degenerative diseases like dementia.
If you sustain a brain injury in an accident due to another person’s negligence, our California lawyers are here to help. If you hire us, we’ll consult medical professionals to understand the severity of your brain injury, both physically and cognitively. This information, along with other evidence, can be used to pursue compensation for medical bills, lost wages, and ongoing care needs.
How Can Our California Brain Injury Accident Lawyers Help?
Our accident attorneys can explain your legal rights and options for pursuing compensation after a brain injury. We review the circumstances of the accident, the evidence, and the losses you have sustained to determine what damages may be pursued.
Brain injuries often lead to significant medical bills. Even if you have health insurance, its coverage might not be enough for all your expenses. Additional resources may be necessary to address ongoing medical care.
If you’re suffering from TBI due to an accident, you may be able to file a personal injury claim against the party found to be at fault. The value of a claim depends on the facts of the case, including medical costs, lost wages, and long-term effects.
You can consult with our attorneys about your brain injury accident. Share the details of your situation, and we can discuss the next possible steps.
Why Choose Our Accident Lawyers For Your Brain Injury Claim
Our skilled lawyers approach each brain injury case with careful attention to its unique facts. These cases can be complex, often involving disputes over liability, the severity of the injury, and the damages being claimed.
Our attorneys have decades of experience handling accident cases in California. We draw on our knowledge of the law and legal procedures to guide clients through the claims process.
In brain injury cases, we can talk to professionals such as neurologists, psychiatrists, economists, and life planners to better understand the medical and financial effects of the injury. This evidence can be used to demonstrate both current and long-term consequences of your brain injury.
$14,000,000.00
April 2019: $14M settlement in a traumatic brain injury case involving a defective piece of equipment at a factory.– BRIAN BEECHER
Common Accidents That Cause Brain Injuries
Head injuries can occur on your daily drive, during a shift at work, or right at home. Whether it is a mild concussion or a more serious traumatic brain injury, these injuries can disrupt daily life and create significant challenges.
Virtually any accident or personal injury event could result in head trauma or brain injury. Some of the most common examples include:
Car Accidents
The force generated in a motor vehicle collision can directly impact the head or cause the brain to move within the skull, even without a direct blow. Additionally, debris and shattered glass can injure or damage the brain.
Car accidents can cause brain injuries in numerous ways. A victim might hit their head on the dashboard, steering wheel, windows, or other hard surfaces in the interior of the car due to the abrupt stop or impact of the crash. They could even be thrown off their vehicle if they weren’t wearing a seatbelt, increasing their chances of sustaining head injuries.
Meanwhile, a pedestrian struck by a car could hit their head on the ground, the vehicle itself, or other objects. Even a motorcyclist wearing a helmet is at risk of sustaining a TBI in particularly severe collisions.
Note that TBIs can also result from low-speed collisions and minor fender benders. A seemingly small bump on the head could lead to a serious or fatal brain injury.
If you sustain a brain injury in a car crash, you may have legal options. Our California car accident lawyers also handle brain injury cases. They can review your situation, explain your rights, and help you pursue compensation for medical expenses, lost wages, and vehicle damage.
Slips, Trips, & Falls
Slipping, tripping, and falling contribute to a large number of brain injury cases annually. Falls, in particular, are a huge risk. According to the Centers for Disease Control and Prevention (CDC), falls account for almost half of TBI-related hospitalizations.
Our brain injury accident lawyers see these incidents occurring in various settings, such as a restaurant, where liquid spills are common, or at a local Costco due to freshly mopped floors. They are also prevalent in nursing homes with a shortage of staff to monitor residents with poor mobility.
A property owner or manager may be held accountable for a slip-and-fall accident. Under premises liability laws, they are responsible for ensuring the safety of visitors on their premises. If they fail to fulfill this duty and their negligence results in an accident, they may be liable for the resulting head or brain trauma.
Sports Accidents
Contact sports, like football or boxing, pose high risks of brain injuries due to the likelihood of direct impact on the head. In the NFL, for example, around 219 concussions were reported across preseason and regular-season games and practices in 2023. There is a slight increase from 213 cases in the previous year, emphasizing the ever-present risk of TBI in sports like football.
Unfortunately, obtaining compensation for brain injuries caused by sports can be difficult. Insurance companies may deny coverage, citing the assumption of risk as their legal defense. However, this has limitations. People can only assume the known risks of the sport, not the risk of injury caused by another person’s negligence.
If you sustained a brain injury due to a sports accident, it may be helpful to consult with attorneys who can explain your legal options and guide you through the insurance claims process. They can review the facts of your case and respond to any challenges raised by the insurance company.
Construction Accidents
Workers have a high risk of sustaining brain injuries from construction accidents, including:
- Falling from scaffolding, roofs, or ladders.
- Being struck by a falling object.
- Being struck by steel beams or other construction materials being moved across the worksite.
- Getting into an accident involving heavy machinery and equipment.
- Being struck by a truck moving supplies or equipment.
- Getting involved in a vehicle collision in a highway construction zone.
- Encountering toxic chemical leaks, leading to chemical exposure.
Construction zones are a hotspot for accidents. Our California personal injury lawyers also handle construction-related cases involving injuries other than TBI, such as burns, knee and ankle injuries, and back injuries.
Product Defects
A brain injury can result from using defective products. For instance, if a drunk driver struck a car, and the airbag didn’t deploy as it should have, the defect would have led to the driver hitting their head on the dashboard. They may sustain a brain injury and other bodily harm as a result. In this case, they may have a product liability claim against the manufacturer of the car or the airbag in addition to a personal injury claim against the impaired driver.
This scenario is only one case where multiple parties may be liable for an accident. This is why consulting with brain injury accident lawyers in California may be helpful. Our team can assess potential avenues for compensation by reviewing the facts of the case and analyzing whether any parties may be legally responsible.
Accidental Drowning
Brain injuries can also result from near-drowning incidents. In these situations, the victim inhales water and stops taking it in, thus depriving the brain of oxygen. Even after they’re pulled out of the water, they could still be unable to breathe, increasing the chances of brain damage.
If the victim survives and regains consciousness, they could still experience long-term dysfunction. The lack of oxygen primarily affects the brain regions responsible for memory, speech, and movement. As such, victims could suffer from memory loss, loss of motor function, and difficulty communicating.
Sometimes, accidental drownings involve negligence by another party. For example, a swimming pool owner may fail to repair a broken fence, or an adult responsible for supervising a child may not pay attention, leading to the child drowning.
In this case, you may have grounds to sue for damages resulting from the accident. Our brain injury accident lawyers in California offer free case reviews. You can fill out our “Do I Have A Case?” form, and someone from our team will contact you to discuss your legal options.
Medical Malpractice
Brain injuries that stem from loss of oxygen to the brain, such as in birth or anesthesia errors, can result in permanent brain damage. Here are a couple of examples showing how medical malpractice could result in a lack of oxygen:
- Birth Injuries — While some birth injuries occur naturally, other cases can result from mistakes made during the childbirth process. The newborn could sustain damage to the head, leading to a serious brain injury. Birth asphyxia is also a concern, a condition in which the baby’s brain and organs don’t receive enough oxygen. If the physician fails to recognize the symptoms and provide immediate care, they could be held negligent for the baby’s resulting neurological problems or even death.
- Surgical & Anesthesia Errors — Brain damage can also result from errors made during surgery. Suppose the wrong dosage of anesthesia is given. In that case, the anesthesiologist fails to monitor the oxygen supply to the brain, or the doctors don’t notice that the patient has vomited and can’t breathe, the victim could suffer from a lack of oxygen, leading to brain damage.
The statute of limitations for medical malpractice is different and can be shorter than for other accidents leading to brain injuries. In California, a medical malpractice claim must be filed within one year from when the plaintiff knew or should have known about the injury, or within three years from the date of the injury, whichever comes first. Contact our brain injury accident lawyers to learn more about which deadline is applicable in your case.
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How Do Brain Injuries Occur?
Traumatic brain injuries occur in two ways:
- Closed Brain Injury — In most cases, the skull will protect the brain from serious harm, but injuries can happen even if the skull doesn’t break. This type of TBI occurs when a victim receives a blow to the head or when the head is violently shaken, causing the brain to hit the skull’s interior. This can then lead to bruising, tearing, and other damage to the brain tissue and blood vessels.
- Penetrating Brain Injury — When an external object enters the skull or the eye and directly damages the brain, it causes a penetrating brain injury. This is a rarer yet more severe type of TBI. When the protective tissues around the fractured skull are torn, bacteria can enter the brain and cause infections, leading to complications like meningitis. Some incidents that cause penetrating brain injuries include construction zone accidents, where heavy machinery or sharp tools can break or penetrate the skull, and high-impact commercial vehicle accidents, where metal shrapnel can stab or pierce the brain.
Both closed and penetrating brain injuries can result in significant changes in the brain’s functions. If a victim survives, they could live with reduced mobility and independence. They might also develop an entirely new personality, affecting their established relationships. Unfortunately, many TBI victims are unable to return to the lives they’ve previously led, leaving them and everyone around them to adjust to a new reality.
In such cases, it may be important to consult brain injury accident lawyers in California. At Arash Law, we assist victims and their families by guiding them through the legal process. We review the facts of the case to pursue compensation under the law while also providing legal support during a difficult time.
Types Of Traumatic Brain Injuries From Accidents
Accidents can result in primary brain injuries, secondary TBIs, or both.
A primary TBI is an abrupt and immediate injury occurring at the moment of impact. They typically result from direct or indirect force on the head, such as in traffic accidents and physical assaults. Here are some examples:
- A skull fracture can lead to bleeding between the brain and the skull.
- Concussions lead to symptoms like confusion, dizziness, and headaches.
- Diffuse axonal injuries can be severe and result in long-term complications.
- Contusions on the brain that affect behavior or cognitive abilities.
- Lacerations leading to bleeding and infections.
Primary traumatic brain injuries typically alter brain functions right away, often causing confusion and loss of consciousness. However, in many situations, victims may remain conscious despite the rapid onset of the effects.
On the other hand, a secondary TBI manifests gradually rather than immediately. It can develop over several minutes, hours, or even days following the initial brain trauma. Despite this delay, a secondary injury can emerge from the same incident that caused the primary brain injury.
Both primary and secondary TBIs have a high likelihood of leading to permanent disabilities or death. This is why our brain injury attorneys highly advise victims to seek medical attention immediately after any accident. Prompt treatment can address primary TBIs before they worsen or become fatal and can mitigate the dangerous effects of secondary brain injuries.
Getting immediate medical help is also crucial for another reason: it provides documentation that can serve as evidence in your personal injury claim. Medical records can help show a connection between the injuries and the accident, which can be important when pursuing compensation. Speak with a skilled California brain injury accident lawyer to learn more about potential evidence.
What Are The Symptoms Of Traumatic Brain Injuries?
The symptoms of brain injuries can range from mild to severe. Some might not be immediately obvious to the victim, so knowing their tell-tale signs is essential. Getting a doctor’s evaluation immediately is advisable if you are experiencing any of these symptoms.
Some physical symptoms that can appear after an accident include:
- Persistent headache
- Nausea and vomiting, especially in children
- Drowsiness
- Loss of coordination
- Loss of consciousness, even for a few seconds
- Convulsions or seizures
- Blurred vision
- Pupils of different sizes
- Slurred speech
- Hypersensitivity to light or sound
- Ringing in the ears
- Bad taste in the mouth
- Numbness in the fingers or toes
Brain injuries also have psychological symptoms, such as:
- Confusion, restlessness, or agitation
- Difficulty concentrating
- Mood swings
- Trouble recognizing people or places
- Difficulty recalling words
- Memory loss
Are financial issues preventing you from seeking the treatment you need? A California brain injury accident lawyer can help. In some cases, they may assist with obtaining a medical lien so you can receive treatment without paying upfront costs.
Lesser-Known Symptoms Of Brain Injuries
Victims and their family members must also be aware of the less commonly recognized symptoms of traumatic brain injuries, including:
- Depression — Many victims develop depression after an accident. Sometimes, it’s a manifestation of a brain injury. While experts have not yet fully understood how and why this happens, it’s widely believed that changes in the structure of the brain lead to this condition.
- Difficulty Sleeping — People typically correlate brain injuries with increased drowsiness, but other TBIs can make it difficult for victims to fall asleep. In turn, the lack of sleep can cause other issues, such as decreased energy and increased irritability.
- Emotional Instability — TBI patients can experience mood swings and sudden episodes of extreme emotion. One might suddenly have anger or aggression outbursts, or even uncontrollable crying and laughing. These issues mainly affect their interpersonal relationships, especially if they become violent.
If you’ve suffered from a TBI, these issues can severely affect your quality of life, so receiving appropriate medical care is important. However, diagnostic tests, rehabilitation therapies, and medications can be prohibitively expensive. If another party’s negligence caused your TBI, a California brain injury accident lawyer can guide you through potential legal options.
Complications Resulting From Severe TBIs
In severe brain injury cases, these complications are also common:
- Seizure
- Fluid buildup in the brain
- Stroke
- Paralysis
These conditions can incur even higher medical expenses, especially if they persist for a long time. Seizures and strokes, for example, remain a constant risk even years after sustaining a brain injury, potentially causing financial ruin.
A severe traumatic brain injury can also result in an altered state of consciousness. Widespread damage to the brain can cause a coma, which significantly decreases the victim’s chances of returning to a relatively normal life. If they wake up from a coma, they might then enter a vegetative state, in which they are awake but unaware of their surroundings.
However, many patients don’t recover from a coma, even with years of constant care and monitoring in the hospital. Eventually, they could become brain-dead, a condition characterized by a lack of measurable activity in the brain. At this stage, the person may still be breathing, but only with the help of a medical device. Brain death is considered irreversible, and a person who is declared brain dead is legally confirmed as deceased.
Challenges That Brain Injury Victims Face
The physical and psychological effects of brain injuries on the victim’s life vary depending on the severity, location, and type of injury. Even after surviving the initial injury, its effects will last a long time, making it difficult for victims to:
- Engage in social and recreational activities.
- Perform tasks requiring fine motor skills, such as buttoning a shirt, typing, or carrying objects.
- Learn and remember new information and events.
- Understand and follow instructions.
- Find the right word in conversations.
- Control their emotions and experience intense mood swings.
- Recognize objects and people.
Due to these effects, a victim can find it challenging to hold jobs, go to school, and maintain relationships. The injury might also cause some physical limitations. The victim might find it hard to adjust to a new life of using a wheelchair, not being able to do sports, or not being able to perform daily activities on their own.
The victim’s family members may also experience drastic changes in their lives. Someone might have to become a parent to their partner, changing the patient’s diaper and helping them shower. A sibling might have to resign from work to care for the victim, or they might have to pick up another job to afford ongoing medical care.
Recovering from a TBI can take years, costing a lot of money in the process. It can also cause significant hardships along the way and the loss of relationships, aspirations, and the life you’ve once led. Consulting California brain injury accident lawyers can help victims and their families understand legal options. They can also offer assistance for seeking compensation for injuries and related losses.
Types Of Compensation Available In Brain Injury Cases
The value of a brain injury case depends on the losses suffered and the specific details of the injury. In general, these are the types of damages that may be claimed:
- Medical Expenses — Hospital bills, ambulance fees, tests and x-rays, surgeries, medications, medical equipment, rehabilitation, therapies, and live-in care. Compensation may also cover disability costs, including assistive devices and psychological counseling.
- Other Out-Of-Pocket Expenses — The party responsible for the accident may be required to reimburse your out-of-pocket expenses related to your injury. These expenses may include:
- Repairs or replacement of damaged properties.
- Transportation costs.
- Childcare and cleaning services.
- Home or vehicle modifications.
- Pain and Suffering — Compensation may be sought for physical pain, emotional distress, and mental anguish caused by the injury.
- Lost Wages/Capacity to Earn — Serious brain injuries can result in disability and the inability to return to work. Claims may include lost wages, future income, and potential promotions.
- Lost Quality of Life — If injuries result in permanent disability or dependence on live-in care, a claim may be filed for loss of independence and daily activities.
- Other Intangible Losses — Brain injuries can affect many aspects of life, potentially causing mental health challenges, sexual dysfunction, and loss of consortium.
- Future Health Complications — Brain injuries may lead to additional health issues. Compensation may cover medical care or other services needed to manage ongoing or future effects of the injury. Medical specialists may be consulted to determine potential long-term impacts.
In rare cases, courts may award punitive damages if the defendant acted with gross negligence, intentional misconduct, or reckless disregard for others’ safety. Punitive damages are intended to punish the wrongdoer rather than compensate the victim.
California brain injury accident lawyers can help victims and their families understand these types of compensation and guide them through the process of pursuing a claim.
Wrongful Deaths
According to the CDC, around 69,473 TBI cases led to death in the United States in 2021. This equates to around 190 TBI-related fatalities every day.
Some of these deaths occur in situations where another party may have contributed to the accident. Families left behind can face significant emotional and financial challenges. In certain cases, family members may have the right to pursue a claim against the responsible party.
If a loved one dies due to a brain injury, compensation may include:
- Funeral and burial costs
- Medical bills incurred before the victim’s demise
- Loss of financial support
- Loss of love and companionship
Filing a claim can help families seek compensation for these losses. Working with California brain injury accident lawyers can provide guidance on evaluating the damages and navigating the claims process. Legal counsel can assist in creating a comprehensive list of losses and assessing the potential value of a claim.
How Do I File A Claim For Traumatic Brain Injuries?
First, you have to establish your legal grounds for filing a claim for your brain injury accident. You have to prove that another party was at fault for your injuries and that you incurred damages as a result.
Then, you have to identify whom you should file a claim against. The responsible party could be an individual, company, or any other entity whose negligence led to or contributed to the accident. Note that there could be multiple parties liable for a single accident.
To support your claim, collect documents and evidence. Keep a detailed record of all your hospital visits, lab tests, doctor’s findings, and medications. We also recommend writing a journal about your symptoms, the pain you’re experiencing, and your treatment progress. Jot down anything, even details that seem minor. They can help demonstrate the extent of your suffering and the value of your claim.
You can then file a personal injury claim with the appropriate insurance companies or entities. Afterward, the investigations and negotiations begin. However, remember that filing a claim doesn’t guarantee you will receive fair compensation. Many issues can arise during this process, possibly risking your claim. Working with California brain injury accident attorneys can help you understand how the law applies to your situation and identify the types of compensation you may be able to pursue.
Statute Of Limitations For Brain Injury Lawsuits In California
In most personal injury lawsuits in California, you have around two years from the date of the accident to bring legal action. If you did not discover your brain injury right away, the statute of limitations may only start to run on the date you discovered it.
There are other exceptions to this rule, and deadlines can be tolled or paused for special circumstances. Some cases can have shorter timeframes. For claims against a government agency, you usually have six months to submit an administrative claim. If denied, you generally have six months from the date of the rejection to file a lawsuit.
Missing deadlines could affect your ability to pursue compensation. Consult with our California brain injury accident lawyers to learn which deadlines apply to your case. Contact Arash Law for your case-related questions.
What Should I Do After A Traumatic Brain Injury?
Consider the following steps if you’re in an accident and suspect a brain injury:
- Ensure your safety. Note that the head and neck may be very sensitive, even if you don’t feel any pain or discomfort in these areas. Minimize movement as much as possible, and move only to a safer location with caution if necessary.
- Call 911 to get emergency medical help. In the meantime, the dispatcher can give you or another person instructions on managing your injury until help arrives.
- If you can, talk to the other parties involved and any witnesses to get their information, such as their name, phone number, and email address. If you have an uninjured companion with you, you can ask them to gather these details for you.
- If police officers at the scene talk to you, cooperate as much as possible. However, avoid discussing or admitting fault. You should also avoid apologizing.
- If you hit your head on a hard surface, shake your head violently, or get hit on the head, it’s important to get checked at a hospital right away. Some TBIs don’t present immediate or obvious symptoms, but that doesn’t mean they’re insignificant. On the contrary, they can be fatal if left untreated.
- Consult with our California brain injury accident lawyers. We can help you determine your next steps and explore your options for pursuing compensation, which will depend on the facts of your case.
Traumatic Brain Injury Statistics
According to the same CDC report, TBI contributed to 214,110 hospitalizations in 2020, an average of 586 cases per day. However, these numbers don’t include untreated TBIs or those treated in primary care or the ER.
Moreover, recent data shows that TBI is more common among people 75 years and older. This age group accounts for 32% of TBI-related hospitalizations and 28% of fatalities.
Meanwhile, males face a considerably higher risk. They are 79.9% more likely to be hospitalized due to TBI, compared to 43.7% for females. They are also 28.3% more likely to die from a TBI, compared to 8.4% for females.
Frequently Asked Questions About Brain Injuries
What Is The Average Settlement For A California Brain Injury Case?
Brain injury accident claims can be costly. Settlements can vary greatly depending on many factors, and your personal injury lawyers must look deeper into your case details to determine a fair compensation value. In the case of a major head or brain injury, victims may face higher expenses, which can include:
- Longer hospital stays.
- Expensive lab and diagnostic tests, including CT scans and MRIs.
- Surgery, if applicable.
- Medications (anti-seizure, coma-inducing, and diuretics).
- Rehabilitation specialists (physiatrist, occupational therapist, physical therapist, speech and language therapist, neuropsychologist, social worker or case manager, vocational counselor, etc.).
Contact our brain injury accident lawyers in California to discuss your case. You may also visit our main office at 2960 Wilshire Blvd., Los Angeles, to share your concerns.
What Factors Affect A Traumatic Brain Injury Settlement?
The value of a brain injury case depends on several factors, including:
- Long-Term Prognosis — The overall effects of a brain injury on your life can influence the potential compensation. More severe injuries, longer recovery periods, and ongoing medical treatments may result in higher claims.
- Age — Younger individuals who sustain lifelong disabilities may have claims that reflect the longer-term impact of the injury, including extended medical care, lost wages, and reduced quality of life.
- Insurance Coverage — The at-fault party’s insurance limits may influence compensation. In cases involving multiple parties, combined coverages can affect the total potential recovery.
- Comparative Negligence — Settlement amounts can be adjusted based on the victim’s degree of fault.
- Strength of the Case — Evidence demonstrating the other party’s liability can affect negotiation and settlement discussions. A brain injury attorney can help assess the facts and potential outcomes based on the available evidence.
How Do Courts Calculate A TBI Settlement?
The courts will consider the available evidence establishing the plaintiff’s losses to determine fair compensation for the victim. For economic damages, your brain injury accident attorneys will present medical bills, receipts, invoices, pay stubs, and other documentation that can demonstrate the financial impact of the injury on your life.
Non-economic losses are much harder to prove since they don’t come with receipts and fixed costs. These intangible damages are difficult to quantify, but it’s not impossible. Your brain injury accident lawyers in California can use the following evidence to justify your claim:
- Medical expert testimony.
- Victim’s journal.
- Accounts from friends and family members.
- The value of other similar cases.
There are several ways to calculate a pain and suffering award, such as the multiplier or per diem methods. However, it’s up to the jury’s discretion which to use and whether to use any.
Brain injuries are often “catastrophic” in the eyes of the court, meaning they have serious effects on the victim. For example, suppose an accident victim suffers a life-changing injury that prevents them from returning to work or having the same quality of life they previously enjoyed. In that case, the courts may award significant compensation for these devastating losses.
Does Traumatic Brain Injury Qualify For Disability?
A TBI doesn’t automatically qualify as a disability. It still depends on how severe your brain injury is.
According to Section 11.18 of the Social Security Administration’s (SSA) Blue Book, disabilities due to TBI are characterized by either of the following:
- Extreme limitation in mobility that persists for at least three consecutive months after an injury.
- Marked limitation in physical functioning and at least one area in mental functioning that persists for at least three consecutive months after an injury.
Mild TBIs don’t typically qualify under these requirements. However, the SSA may approve some cases under a medical-vocational allowance.
If I Have A Traumatic Brain Injury, Will My Case Be Settled Out Of Court?
Your case can be resolved without going to court if you and the other party agree to a settlement. However, some instances might make it necessary to proceed to trial, such as when the other party disputes liability or refuses to offer a fair amount. Ultimately, the decision to bring the case before a judge and jury is yours. Our California brain injury accident attorneys can explain both options to help you understand your choices and make an informed decision about your next steps.
How Long Does It Take To Settle A Brain Injury Accident Case?
The timeline for brain injury cases is a bit more challenging to determine. For one, brain injuries are medically unpredictable. Some cases might improve over time, while others could worsen in the following days or weeks.
Moreover, the proceedings may have to be delayed so that the victim has more time to gauge how their brain injury will affect their life. This allows them, with guidance from California brain injury accident lawyers, to better estimate the potential compensation needed to address both current and future losses.
Contact The Experienced Brain Injury Accident Lawyers In California
After sustaining a brain injury, you may be thinking, “I need a personal injury lawyer.” Our California brain injury accident attorneys can provide guidance on your legal options. Led by Arash Khorsandi, Esq., our team also handles other types of cases, including:
- Spinal cord injuries
- Premises liability
- Amputations
- Truck accidents
- Fatal car accidents
If you or a loved one has suffered a brain injury due to an accident, our attorneys can review your case and discuss potential avenues for compensation. You can contact us at (888) 488-1391 for a free case review. Our injury law firm provides services to clients in other areas throughout California, including Bakersfield, Redding, Chico, Fresno, Visalia, Escondido, Vista, Eureka, San Marcos, Loma Linda, and Ventura.
