Traumatic Brain Injury (TBI) can result from any type of accident or trauma. Sadly, these head injuries are frequently quite severe, resulting in permanent disability or death. Sustaining a brain injury is traumatizing, especially when the accident was caused by the carelessness of another person.
There are physical and mental consequences, but the road to recovery for TBI patients is long and expensive. Our Los Angeles traumatic brain injury attorney at Haffner Law understands your situation and will do everything possible to assist you in obtaining compensation.
If another person or entity disregards your safety, resulting in a traumatic brain injury, allow our Los Angeles TBI lawyer to advocate on your behalf and ensure those responsible are held accountable for their actions.
Why Do I Need a Traumatic Brain Injury Attorney in California?
Below are the primary reasons why you should consider retaining the legal service of our Los Angeles traumatic brain injury attorney.
Assist in the Correct Diagnosis and Treatment of Your Traumatic Brain Injury
Following a traumatic brain injury, accurate diagnosis and treatment are essential for recovery and quality of life. Early detection and treatment will provide the most favorable prognosis for recovery. The diagnosis and treatment of traumatic brain injuries require the expertise of trained medical professionals who specialize in treating brain injuries.
Haffner Law has relationships with leading physicians, traumatic brain injury specialists, and neuropsychologists who are all well-respected leaders in their respective fields of medical care. We will refer you to our network of specialists so that you can receive the necessary medical care.
Collect Evidence and Construct a Substantial Case
A traumatic brain injury alters the lives of both the injured person and their loved ones. Cases involving traumatic brain injuries are especially complex, so you’ll need a brain injury litigator who can build a strong case and secure the compensation and medical care you require.
The key to proving the severity and causes of your brain injury is substantial, incontestable evidence. Our Los Angeles TBI lawyer will collect evidence demonstrating how your brain injury has impacted your personal life, career, relationships, peace of mind, and health, and will use this evidence to present your case in court.
Strive for the Highest Compensation and Medical Care Standards
Traumatic brain injuries can have devastating effects on one’s health and well-being. Our brain injury lawyer will assist you in calculating your losses and pursuing the compensation you deserve. At Haffner Law, we will ensure that your compensation covers all of your current and future medical bills, such as doctor’s visits, therapies, and transportation.
If you or a loved one has suffered a traumatic brain injury due to an accident or employer negligence, our personal injury attorney can ensure that you receive justice.
What Constitutes a Traumatic Brain Injury?
Traumatic brain injury refers to any condition that causes brain damage due to an external force. This trauma can be caused by a variety of circumstances, such as automobile accidents, falls, workplace injuries, acts of violence, and sports injuries.
The leading causes of TBI in the United States are motor vehicle accidents and falls. Assault, sports-related activities, and child abuse or neglect are also leading causes. A traumatic brain injury does not necessarily involve a blow to the head or skull.
What Are the Different Types of Traumatic Brain Injuries?
There are several types of traumatic brain injuries. A traumatic brain injury is defined by the CDC as “a change in brain function caused by an external force.” This could be caused by a bump or blow to the head, a gunshot wound, or a vehicle accident.
Closed Brain Injury
The most frequent type of traumatic brain injury is a closed brain injury. It is caused by an external force that damages the skull without penetrating it. Depending on which region of the brain is affected, the symptoms may include headaches, nausea, vomiting, and memory loss.
Penetrating Brain Injury
A penetrating brain injury occurs when a foreign object enters the skull and damages the brain itself. This type of traumatic brain injury can lead to infections such as meningitis, which can be fatal if not treated immediately if left untreated.
Diffuse Axonal Injury
A diffuse axonal injury occurs when the brain regions responsible for cognitive functions sustain damage. This disrupts brain-to-brain communication, resulting in diminished concentration and difficulty processing information. Memory loss, vertigo, confusion, slurred speech, and eye-rolling can be symptoms. It can also result in comas.
Primary Brain Injury
A primary brain injury occurs abruptly and completely. It occurs upon impact and can have an immediate impact on brain function. When a person sustains a primary brain injury, they will likely experience a period of unconsciousness. However, there are primary injuries that do not result in any loss of consciousness due to their instantaneous effects. This includes vehicle accidents, head injuries, and falls.
Secondary Brain Injury
Unlike primary injuries, secondary injuries develop gradually. It may take several minutes, hours, or even days following the primary brain injury. Due to hemorrhaging or bruising, secondary injuries may include brain tissue edema. This can cause other regions of the brain to become compressed and lose function.
What Are the Different Causes of Traumatic Brain Injuries in California?
Many of these accidents could have been avoided if road signs had been more visible and if drivers had made more cautious turns at intersections. There are also speed limits, drunk driving laws, and seat belt regulations in place to reduce fatal accidents.
Slip and Fall Accidents
Trips and slips and falls at home, at work, or in retail establishments can cause accident victims to sustain brain injuries. These kinds of accidents could be avoided by requiring stricter safety standards in public places.
Premises Liability Accidents
Premises liability refers to the landowner’s duty to provide a secure environment for guests. In California, a property owner or tenant is required to keep their property in a reasonably safe condition so as not to endanger visitors.
Participating in any sport requires the use of protective gear, such as helmets and pads, to reduce the risk of serious injury. Despite this, sports-related injuries are increasing, and calls for more stringent rules to avoid accidents resulting in traumatic brain injuries.
Violence or Assault
Numerous victims of traumatic brain injuries were assaulted or robbed. Occasionally, a person slips and falls during a fight, striking their head on the ground. This may result in severe brain bleeding, which can cause permanent damage or even death.
What Are the Warning Signs of a Traumatic Brain Injury?
Classification and diagnosis of a traumatic brain injury are based on the nature and duration of symptoms. These are the symptoms of a mild traumatic brain injury:
- A few seconds to several minutes of unconsciousness
- A few seconds to several minutes of feeling dazed, confused, or disoriented
- Nausea or vomiting
- Weakness or drowsiness
- Vertigo or loss of equilibrium
- Speech difficulties
- Changes in sleep patterns
- Vision impairment, ringing in the ears, or an unpleasant taste in the mouth
- Sensitivity to sound or light
- Memory or focus difficulties
- Mood swings or fluctuations
- Depression or nervousness
Anyone exhibiting any of the above symptoms should seek medical attention immediately. In addition to the above, symptoms of moderate to severe traumatic brain injuries include the onset or continuation of any of the following symptoms within hours or days of the trauma:
- Loss of consciousness
- Persistent or deteriorating headache
- Persistent nausea or vomiting
- Convulsions or seizures
- Pupil enlargement in one or both eyes
- Fluids that drain clear from the nose or ears
- Failure to wake up from sleep
- Finger or toe numbness or weakness
- Unbalanced coordination
- Persistent or extreme perplexity
- Agitation, hostility, or other notable alterations in temperament and behavior
- Slurring speech
What to Do Following a Traumatic Brain Injury Accident?
Obtain Medical Care Immediately
Whether you are transported to the hospital by ambulance or visit the emergency room on your own, prompt diagnosis and treatment of any suspected brain injury is essential. Brain injuries can range from mild concussions to life-threatening traumatic brain injuries. However, even a seemingly “mild” brain injury should not be taken lightly.
Follow the Physician’s Orders
Failure to follow your doctor’s advice may impact your brain injury claim. If you have suffered a concussion, your physician may advise you to rest and monitor your symptoms. For moderate or severe injuries, you may be prescribed anti-inflammatory and anticonvulsant medications. Surgical intervention may be required to alleviate intracranial pressure or address bleeding concerns. Rehabilitation and therapy may also be advised to manage the effects of brain injury.
Keep Every Bill and Receipt
Treatment for brain injuries is often costly. Whether independently or with the assistance of a trusted family member or caregiver, it is essential to document all of your post-injury expenses. Primarily, this consists of bills and receipts for medications and other out-of-pocket expenses. It is also important to maintain organized records of doctor and therapist appointments and the distance traveled to and from care facilities.
Contact a Personal Injury Attorney
Vehicle collisions, slips and falls, and assaults are just a few of the leading causes of traumatic brain injury. If the injury was caused by someone else’s negligence, you are entitled to damages for your losses and a personal injury attorney can pursue compensation for you.
When you contact our Los Angeles traumatic brain injury attorney, we will assess your situation and discuss your financial recovery options. When you file a claim, our Los Angeles TBI lawyer will seek damages for all medical expenses and lost wages you have incurred as a result of the brain injury, as well as the anticipated loss of income if you cannot work.
Who Can Be Held Liable for Your Traumatic Brain Injuries?
Identifying the parties liable for a traumatic brain injury is not as simple as one might assume. Brain injuries occur for a variety of reasons and in a variety of ways, so the parties responsible for causing a traumatic brain injury vary considerably from case to case.
Depending on the specifics of your traumatic brain injury case, the following parties may be held liable for a victim’s traumatic brain injury:
- A negligent driver, vehicle owner, or driver’s employer
- Product manufacturers
- Shipping businesses
- Truck drivers and trucking firms
- Bus drivers or operators
- Boat captains
- Mechanic shops
- Manufacturers and retailers of products
- The public and private landowners
- Business owners
- Airplane operators
- A public agency (e.g., a local or state government)
- Anyone who acted negligently or intentionally disregarded the safety of another person and caused a traumatic brain injury.
In many cases of traumatic brain injury, the victim’s family and friends serve as witnesses to the victim’s severe brain damage. In addition to consulting with medical experts, your personal injury attorney may also arrange for sworn testimony to strengthen your case.
It is essential to remember that anyone, adult or child, can file a lawsuit for a TBI if the injury was caused by the negligence of another party. And anyone whose mistakes, negligence, or wrongdoing led to the accident and head injury can be held accountable.
How to Prove Negligence in a Traumatic Brain Injury Lawsuit?
After sustaining a traumatic brain injury, one of the first questions an injury victim asks is whether they can hold the person who caused the accident liable for their injuries and damages. In California, the plaintiff in a personal injury case must prove that the defendant was negligent. Four steps are required to establish negligence:
Duty of Care
You must first demonstrate that the defendant owed you a duty of care. Everyone is obligated to act with the same degree of reasonable care and skill that a prudent person would in a similar circumstance. This entails abiding by traffic laws, reducing speed during inclement weather, and keeping our eyes on the road while driving.
Breach of Duty
Second, you must demonstrate that the defendant violated this duty of care. An example of a breach of duty is driving while intoxicated or failing to warn someone about a hazardous condition.
Third, you must demonstrate that the other party was responsible for your accident and injuries. For example, if you sustained a severe traumatic brain injury in a car accident, you would need to demonstrate that the other driver was at fault.
Finally, you must have suffered financial damages as a result of the incident that caused you harm. This may include your medical expenses, lost wages, and rehabilitation expenses.
Working with our traumatic brain injury attorney in Los Angeles, CA can assist you in determining whether the person responsible for your accident breached their duty of care and is liable for your injuries.
When our law firm accepts your case, we can establish all four elements of negligence to help you recover maximum compensation for your injuries. To begin, contact us at Haffner Law for a free case review.
What Compensation is Available for Traumatic Brain Injury Victims?
Traumatic brain injuries are typically severe and result in expensive medical expenses and rehabilitation. Due to the severity of traumatic brain injuries, victims and their families are frequently entitled to substantial restitution.
Although there may not be immediate symptoms following a traumatic brain injury, there may be substantial costs associated with the victim’s care as the effects manifest over time. Due to this, victims and their families are entitled to recover numerous damages, including:
This includes initial emergency care as well as rehabilitation and other life-sustaining services.
Pain and Suffering
Whether the impairments are temporary or permanent, you may be entitled to recover damages if a traumatic brain injury affected your enjoyment of life and prevented you from engaging in activities you once enjoyed.
This includes any time a victim may have missed work to recover.
Limitation of Earning Potential
When a victim’s ability to earn a living is diminished, their future earnings are likely to suffer.
This is for victims who are no longer able to participate in the normal activities that enhanced their quality of life before their injury.
If a victim is likely to experience future complications as a result of their TBI, they can seek compensation for this.
Brain injury victims may never again be able to drive, clean, cook, or perform other daily tasks, requiring them to rely on paid services.
Punitive damages might be awarded to the victim and their family if the party who caused the victim’s brain injury acted recklessly, maliciously, or negligently.
Due to the complexity of the legal system, retaining our Los Angeles TBI lawyer is a TBI victim’s best chance at recovering full compensation. Contact us today for more information on California brain injury settlements.
What is California’s Statute of Limitations for Traumatic Brain Injury Claims?
Two years is the statute of limitations for brain injury cases, including claims for traumatic brain injury. However, medical malpractice-related brain injuries have a one-year statute of limitations. A victim of an accident has one or two years from the date of the accident to file a lawsuit.
An important exception applies in many cases of brain injury. You have only six months from the date of your injury to file a claim with a government agency, such as a city, county, school, or water district, if your case is against a government entity. You will have only six months to file a lawsuit after they deny your claim.
Under California law, the statute of limitations does not begin until an accident victim “discovers” that he or she was injured or has a potential claim. Thus, a victim of an accident who discovers years later that they suffered a TBI may still be able to file a claim.
The party at fault may argue that a diligent accident victim would have discovered their injuries, given the circumstances. When it comes to the statute of limitations, there are often many pitfalls for the unwary. This is where our traumatic brain injury attorney in Los Angeles, CA can be of assistance.
How Can Our Seasoned Los Angeles Traumatic Brain Injury Attorney Help?
Hiring our personal injury attorney is not just about increasing your chances of receiving compensation. We will become your friend and confidant throughout the entirety of your legal proceedings.
Our Los Angeles traumatic brain injury attorney will ensure no one violates your rights or convinces you to settle for less than your case is worth, all while providing personalized service and client care. In numerous ways, the personal injury lawyers at Haffner Law can assist you with your claim in California:
- Collecting medical records to demonstrate the nature and severity of your brain injury.
- Identifying the responsible party for your damages.
- Computing the fair value of your economic and noneconomic losses.
- Negotiating a fair settlement amount with an insurance provider.
- Demonstrating the extent to which your brain injury has affected your life.
- Taking your legal dispute to court, if necessary, to receive fair compensation.
During this difficult time, our Los Angeles TBI lawyer is willing to do anything that may serve your best interests. Contact our traumatic brain injury attorney in Los Angeles, CA as soon as possible after sustaining a brain injury for individualized legal services and outstanding representation.
Contact Our Seasoned Los Angeles Traumatic Brain Injury Attorney for a Free Case Review
If you suffered a traumatic brain injury in a personal injury accident, you can work with our Los Angeles traumatic brain injury attorney to recover compensation. At Haffner Law, we will construct a compelling case on your behalf.
Our team will collect evidence, discuss your rights with insurance companies, respond to your inquiries about the process, and, if necessary, prepare for trial. Additionally, we can negotiate a possible settlement on your behalf.
You only have two years to file a lawsuit, so do not wait to take action. Contact us now for a free case review.