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Personal Injury: Filing a Claim for TBIs Caused by Car Accidents

There are over 1.7 million new cases of traumatic brain injury (TBI) yearly, and the majority of these are caused by accidents, especially road accidents. If a third party is involved and at fault for a TBI, it is important to seek damages to compensate for the serious effects your injuries may have on you and your loved ones’ lives.

If you or your loved one suffered a brain injury after a car accident, you must immediately seek medical attention. After which, contact a lawyer to know if you have a case that will entitle you to compensation for your injury. In this article, we will give you advice and the different considerations that can strengthen your case and entitlement to damages.

The Long-Term Effects of TBI and Why You Should Seek Compensation

TBIs are classified as mild, moderate, or severe.

The long-term effects of TBI depend on the severity. For example, people with mild brain injuries might experience headaches and memory loss for a limited time, while those with moderate brain injuries can suffer from speech problems and cognitive issues that last for years following the injury. Severe cases include coma and permanent vegetative states in which the patient is no longer able to survive without advanced medical care.

Consequently, it is important to seek compensation because doing so would help pay for treatment and therapy that can improve their quality of life.  Any damages awarded from brain injury cases are commensurate to the extent of the injuries.

The Statute of Limitations

According to California State Law, you have within two years to file your brain injury claim. If you plan on filing a claim and getting the compensation you need, here are ways to strengthen your claim:

Gather Medical Records

Medical records are legal documents used in various legal proceedings like medical malpractice, workers’ compensation cases, and in your case, personal injury cases. Remember that without documentation, there is no proof for the case.

When you have undergone your medical treatment and exams, ask your physician for copies of results, such as:

  • Records of hospital visits and appointments
  • Medical records made by your treating physician
  • Diagnostic test results
  • Imaging test results
  • X-rays
  • Prescription medications
  • Medical bills

Take Photo Documentation

Photographs provide people involved in legal cases with a permanent visual record of the scene and give accurate dimensions lacking in sketches.

When possible, gather photos taken during the accident. In the case of a road accident, for example,  document vehicle damage, the location, and road conditions. It would be best if you or your care provider take pictures of your injury and how it heals over time to prove the extent and seriousness of your injury.

Request the Accident’s Police Report

You are entitled to receive a copy of the police report if you have been involved in a motor vehicle accident or any situations where law enforcers respond. It is best to contact the police for a copy of the report immediately.

The statements in the report can further support your claims since they will provide details of all the facts, circumstances, and timeline of events surrounding the accident. These reports can also include eyewitness accounts that can strengthen your case when it comes to establishing fault and causation.

Gather Witness Statements

Your lawyer can also gather other people’s witness statements like people you were with, people from establishments around the accident, and passersby who witnessed it. Accident attorneys can collect their statements, names, and contact information when they give their account of the accident.

How You Will Be Compensated For Your TBI

Your lawyer will know how to estimate the compensation for your injuries. They can calculate using factors such as:

  • Previous and future medical treatment
  • Occupational therapy
  • Rehabilitation services
  • Lost income and future earnings
  • Punitive damages

The pure comparative fault rule will also determine your compensation to allocate liability for non-economic damages as dictated by California state law. This rule says that even if you were mostly responsible for your accident, you could still receive a proportional amount of the damages.

For instance, if the court determined you were 60% responsible for your injury and was awarded $100,000 in non-economic damages, they will reduce the percentage to the total amount, but you will still receive $40,000.

Get the Right Lawyer for TBI Claims in California

A brain injury could have long-term implications, affecting your entire lifestyle. Consulting Haffner Law attorneys will help you receive just compensation for your suffering and financial losses. We have a proven track record of helping people through their personal injury claims.

Find out more about our personal injury services and schedule a free consultation.


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