California Brain Injury Lawyers
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Record-Breaking California Brain Injury Lawyers Who Turn Injured Victims Into Victors
Brain injuries are serious and can result in permanent disability or death. If you suffered this type of injury in an accident, you have a legal right. Speak to the award-winning California brain injury accident lawyers at our firm to explore your options for seeking compensation from the responsible party or parties. Call (888) 488-1391 today 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 never be the same after the accident. You must navigate many challenges, but you don’t have to do this alone. Our brain injury accident attorneys are here to assist you. We will pursue maximum compensation on your behalf, helping you cover your medical expenses, lost wages, and other losses due to your injuries.
No two TBIs are the same. Each has unique signs, symptoms, and outcomes. We will consider these and your unique circumstances when determining the damages you are entitled to. Trust only Arash Law for complex cases. We’re California’s #1 law firm for brain injury accidents!
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. Our team will work with medical professionals to understand the severity of your brain injury, both physically and cognitively. We will also ensure you are fairly compensated for your medical bills, lost wages, and ongoing care needs.
How Can Our California Brain Injury Accident Lawyers Help?
Our accident attorneys will discuss your legal rights and options for pursuing compensation for your brain injury. We will evaluate how much you are entitled to receive, considering all the losses you sustained due to the accident.
Brain injuries often lead to significant medical bills. Even if you have health insurance, its coverage might not be enough for all your expenses. You need to look for additional ways to pay for your ongoing medical care, especially since you’ll likely be on the hook for a long time. Our brain injury lawyers can help you with that.
If you’re suffering from TBI due to an accident, we can help you pursue a personal injury claim against the at-fault party. We aim to obtain the highest settlement on your behalf, helping you get all the treatment and medical care you need to recover.
Consult our attorneys, specializing in brain injury accident cases, for free. Let us know about the details of your accident and injury, and we’ll let you know your next steps.
Why Choose Arash Law's Record-setting Accident Lawyers For Your Brain Injury Claim
If you want to know why Arash Law is the best brain injury law firm near you, we treat each case with the utmost importance. Our lawyers are experts at handling complex cases, including accidents involving brain injuries. We are adept at facing challenges with these types of claims, which often focus on the nature and extent of the victim’s injuries. It’s a given that at-fault parties will try to dispute their liability as much as possible. More than that, however, they will try to undermine the severity of your injuries and question the damages you’re pursuing.
Arash Law is fully prepared for the ensuing legal battle. Our brain injury accident lawyers have several decades of combined experience obtaining favorable outcomes for victims. With a firm grasp of the law, legal processes, and procedures, we will develop a comprehensive strategy tailored to your needs and goals.
Our firm’s reliable brain injury accident attorneys will build a solid case demonstrating the severity of your injury and its overall effects on your life. We will also work with various experts, such as neurologists, psychiatrists, economists, life planners, and other professionals, to help us demonstrate the current and future consequences of your injuries.
With our brain injury accident lawyers on your side, you have a high chance of obtaining the justice and full compensation you deserve. With thorough investigation, meticulous evidence gathering, and relentless negotiation or litigation, we will fight until we achieve the best possible result for your case. Call (888) 488-1391 today to talk to our traumatic head injury lawyers in California.
$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. From a minor concussion to severe traumatic brain damage, an injury can suddenly disrupt your life and potentially turn it upside down.
Virtually any accident or personal injury event could result in head trauma or brain injury. Our brain injury accident lawyers commonly encounter the following:
Car Accidents
Motor vehicle accidents are among the biggest culprits for traumatic brain injuries. The force generated in a 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 accident, speak with our California lawyers today. We’ll help you file a car accident claim, recover your lost wages, get your medical bills paid, and have the at-fault party repair or replace your vehicle.
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.
You can hold the property owner or manager 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, our brain injury accident attorneys can hold them liable for the victim’s head and 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’s best to talk with good attorneys who can guide you through the insurance claims process. They can best protect your rights against insurance companies trying to deny your claim at every turn.
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 defective products. For instance, when a drunk driver struck a car, the airbag didn’t deploy as it should have, causing the driver to hit their head on the dashboard. They sustained a TBI and other bodily injuries as a result. In this case, they could 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 good brain injury accident lawyers in California is crucial. At our personal injury law firm, we explore all potential avenues for compensation, ensuring all negligent parties are held accountable.
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.
Brain cells begin to die after one minute without oxygen. Longer than that, the brain could sustain irreversible damage, potentially leading to coma and death.
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 was not paying attention, leading to the child drowning.
In this case, you may have grounds to sue for damages resulting from the accident. Let our brain injury accident lawyers in California review your case for free. Fill out our “Do I Have A Case?” form, and we will get back to you ASAP 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. If the wrong dosage of anesthesia is given, 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. Medical malpractice claims in California can be filed up to three years after the injury or one year after the discovery of the injury. Contact our brain injury accident lawyers to learn more about your deadline.
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 brain tissue and blood vessel damage.
From what our brain injury accident lawyers have seen, a closed brain injury is a common consequence of car accidents, falls, and assaults. - 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 are torn, bacteria can enter the brain and cause infections, leading to complications like meningitis. Up to 90% of patients die before reaching the hospital, while half of those who survive long enough to reach the hospital die during resuscitation attempts. 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, contact only the best brain injury accident lawyers in California. At Arash Law, we are passionate about helping victims and their families get back on their feet. While obtaining maximum compensation is our top priority, we also focus on our client’s well-being. We are dedicated to providing the support you need during this 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. Some examples are:
- Skull fracture, which can lead to bleeding between the brain and the skull
- Concussions lead to symptoms like confusion, dizziness, and headaches
- Diffuse axonal injuries, which 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 link the injuries to the accident, which is important in securing compensation. Dial (888) 488-1391 now so our brain injury accident lawyers in California can explain this better in a free consultation.
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.
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 with 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
Get a doctor’s evaluation immediately if you are experiencing any of these symptoms. Are financial issues preventing you from seeking the treatment you need? Hire the brain injury accident lawyers California trusts. We will hold the liable parties accountable for your medical bills. We can also help you get a medical lien, allowing you to get treatment without 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. These costs should not be yours to bear if you have a TBI due to the negligence of others. Contact our California brain injury accident lawyers now at (888) 488-1391 to discuss your options for compensation.
Complications Resulting From Severe TBIs
In the severe brain injury cases our California accident attorneys have handled, these complications are also common:
- Seizure
- Fluid buildup in the brain
- Stroke
- Paralysis
These conditions 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 you and your family thousands of dollars. It can also cause significant hardships along the way and the loss of relationships, aspirations, and the life you’ve once led.
You don’t have to face these challenges alone. All these losses, whether financial or not, are recoverable in a claim. Reach out to our California brain injury accident lawyers at (888) 488-1391 to learn how you can pursue compensation. Although money can’t undo the accident, it can help you and your family rebuild your life with greater peace of mind and financial stability.
Types Of Compensation Available In Brain Injury Cases
Our California brain injury attorneys are often asked by clients about the value of their cases. It’s difficult to come up with an estimate right away, as it’s based on the losses you suffered and the specific details of your TBI. In general, these are the types of damages you can claim:
Medical Expenses
These include hospital bills, ambulance fees, tests and x-rays, surgeries, medications, medical equipment, rehabilitation, therapies, and live-in care. Additionally, compensation can cover disability costs, including assistive devices and psychological counseling. Our brain injury accident lawyers in California will consider all past and future medical bills relating to your accident.
Other Out-Of-Pocket Expenses
The at-fault party can also fully reimburse your out-of-pocket expenses related to your injury. These expenses include:
- Repairs or replacement of damaged properties
- Transportation costs
- Childcare and cleaning services
- Home or vehicle modifications
Pain And Suffering
Head and brain injury victims often undergo physical pain and emotional suffering. These intangible damages are difficult to quantify, but our California attorneys for brain injury accident cases can use an equation to put a monetary value on them.
Lost Wages/Capacity To Earn
Serious brain injuries can result in disability and the inability to return to work. You may be entitled to receive compensation for lost wages, including future income and the value of any potential promotions. Our brain injury accident lawyers can also compensate you for your reduced earning capacity.
Lost Quality Of Life
If your injuries left you permanently disabled, reliant on live-in care, or unable to care for yourself, you could file a claim or sue for lost quality of life. We will consider your age and previous health when pursuing this damage.
Other Intangible Losses
Brain injuries affect victims in many parts of life, potentially causing mental health issues, sexual dysfunction, and loss of consortium. Our California brain injury accident lawyers will consider these losses when calculating the value of your claim.
Future Health Complications
Many brain injuries lead to further health complications. Our accident attorneys will ensure your settlement or award will cover any medical care or other services you might need to manage your brain injury in the future. We will work with medical specialists to determine the potential impact of your current injury on your future health.
Punitive Damages
In rare cases, the court may award punitive damages to the plaintiff if the defendant acted with gross negligence, intentional misconduct, or reckless disregard for others’ safety. Punitive damages are not intended to compensate the victim. Rather, they punish the wrongdoer and act as a public reprimand to reinforce the boundaries of acceptable behavior.
Wrongful Deaths
According to the CDC, around 70,187 TBI cases led to death in the United States in 2022. This equates to around 192 TBI-related fatalities every day.
Many of these cases are due to accidents caused by others’ negligence. Family members are left behind with emotional and financial burdens because someone failed to exercise their duty of care. They have every right to hold the at-fault party accountable in these cases.
If a loved one’s death is due to an accident, seek the help of our brain injury accident attorneys in California, who also specialize in wrongful death claims. We will help you recover compensation for the following damages:
- Funeral and burial costs
- Medical bills incurred before the victim’s demise
- Loss of financial support
- Loss of love and companionship
A claim may be the only way you can recover the compensation you deserve for your injuries. However, an insurance settlement might fall short of what your case is actually worth if you decide to pursue it yourself. Speak to our experienced California brain injury accident lawyers for a more accurate estimate of the value of your claim. We will work with you closely to create a comprehensive list and provide an accurate evaluation of all your losses.
With a thorough approach, our brain injury and head trauma lawyers can ensure you won’t miss any opportunities for financial compensation. We’ve won more than $500 Million for our clients in California and know how to aim for maximum recovery. When it comes to a brain injury, don’t wait. Call (888) 488-1391 for a free case evaluation.
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. There are a lot of things that could go wrong during this process, potentially jeopardizing your claim.
As such, we recommend seeking assistance from the trusted brain injury accident attorneys California residents rely on. Let our acclaimed attorneys handle your claim. We have handled and won thousands of cases, and we are confident we can also handle yours efficiently. Pay nothing upfront to start your legal journey—we charge zero fees until we win.
Statute Of Limitations For Brain Injury Lawsuits In California
In most personal injury lawsuits in California, you have around two years from the accident date 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 example, if you’re filing a claim against a government agency, you only have six months.
In any case, you must speak with the best California brain injury accident lawyers as soon as possible. Missing your deadline can cause you to lose your right to seek compensation. Contact us today to know what deadlines apply to your case.
What Should I Do After A Traumatic Brain Injury?
If you’re in an accident and you suspect a brain injury, you must follow these steps:
- 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. If you must move, it should be to a safer area and with extreme caution.
- Call 911 to get emergency medical help. In the meantime, the dispatcher can give you or another person instructions on managing your injury.
- 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. You can also ask a companion 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 right away. We will help you determine your next steps and explore your options for pursuing compensation for your medical bills, lost wages, and other damages.
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?
- 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.)
What Factors Affect A Traumatic Brain Injury Settlement?
The actual value of your case depends on several factors, such as:
- Long-Term Prognosis — The overall effects of a brain injury on your life will directly affect how much you can financially recover. More severe injuries, longer recovery periods, and ongoing medical treatments will generally lead to higher compensation.
- Your Age — Younger people who sustain lifelong disabilities due to TBI can receive more in a claim than older victims. The compensation will account for the longer duration of the injuries’ impact on their lives, covering more years of medical care, lost wages, and reduced quality of life.
- Insurance Coverage — You can potentially recover more if the at-fault party has higher insurance limits. For cases involving multiple parties, their combined coverages can also allow for greater compensation.
- Comparative Negligence — The settlement amount is adjusted based on the victim’s degree of fault. The lower their liability, the more they are entitled to receive.
- Strength Of Your Case — If there’s strong evidence backing up your claim and demonstrating the other party’s liability, you have more negotiating power. Ultimately, your California brain injury accident lawyers’ skills will play a huge role in obtaining a higher settlement.
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, if 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, 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 will explain both options, ensuring you can make an informed decision about your future.
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 and their brain injury accident lawyers in California to get a more accurate idea of how much they need to cover the full extent of their present and future losses.
Contact The Brain Injury Accident Lawyers California Trusts For Justice
After sustaining a brain injury, are you thinking, “I need a personal injury lawyer”? Look no further. The best brain injury accident lawyers are here to advocate for your rights. Led by Arash Khorsandi, Esq., our team also handles other cases, such as:
If you or a loved one is suffering from a brain injury due to an accident, know that you have our lawyers to turn to. We will pursue the compensation you deserve, giving you a better shot at a complete recovery and a fresh start in life.
Contact our record-setting California brain injury accident lawyers now by dialing (888) 488-1391. We will review your legal grounds for free. You can also visit our Los Angeles, Sacramento, San Francisco, Sherman Oaks, San Jose, Riverside, Pasadena, and San Diego offices. If you can’t physically come to us, let us know, and we’ll come to your location instead — anytime, anywhere.
Our brain injury law firm also serves victims in other places throughout California, including Bakersfield, Redding, Chico, Fresno, Visalia, Escondido, Vista, Eureka, San Marcos, Loma Linda, and Ventura.
