The brain is the control center for all of your conscious and unconscious functions. A person who has suffered a brain injury will experience a variety of problems that may require costly medical treatment and care over a long period of time. If you have suffered a brain injury as a result of the negligent actions of another person, you may be entitled to compensation to cover your medical expenses and other losses that you suffer because of your injury. To find out more information about your legal rights and options, you should contact a brain injury attorney. The San Bernardino brain injury attorneys at Hanson & Mouri Personal Injury Lawyers can help you.
If you or a loved one has suffered a brain injury due to the negligence of another person, call our San Bernardino Personal Injury Lawyers today at (951) 419-3199. Your initial consultation is free, and you will get to speak with a lawyer, not just any staff member.
A traumatic brain injury (TBI) is a sudden injury that affects how the brain works. There are three main types of TBI:
Who is legally responsible for a TBI will depend on the cause of the injury. If the injury was caused by a motor vehicle accident, such as a truck accident in San Bernardino, the at-fault driver may be legally responsible for the TBI. If a person sustains a TBI from a fall in the workplace, their employer may be legally responsible. A product manufacturer could also be held legally responsible if their defectively manufactured product caused the TBI. For instance, a car accident in San Bernardino may have been caused by a defectively manufactured tire. A common place for brain injuries to occur due to product manufacturing errors are on job sites. This results in a work-related injury.
An experienced brain injury attorney will assess your case and identify all the parties that bear legal responsibility in your case so that you get the compensation you deserve.
A traumatic brain injury may forever impact a victim in all areas of their life. Due to the devastating nature of this type of injury, the average lifetime costs for care and living expenses can reach millions. Securing the amount of compensation you and your family need to be financially secure and ensure you receive the treatment you require is critical. A brain injury attorney understands the weight of this type of case. While you focus on recovering, your lawyer will have the resources necessary to conduct an extensive investigation into your accident and collect clear and convincing evidence of fault. In addition, they will ensure the at-fault party is held accountable and handle all communication and negotiations with their insurer. While completing these tasks, your lawyer will be preparing your case in the event that you must go to trial to secure the compensation you deserve.
The leading causes of TBIs are as follows:
TBIs are most commonly a result of fall accidents. Older adults and young children are at a particularly high risk of suffering a TBI in a fall. Examples of accidents include slipping and falling on a slippery surface, missing a step or a ladder rung, falling off a bed, etc.
The second leading cause of TBIs is a person being struck by or against an object. These types of accidents are commonly known to occur and cause fatal injuries on construction sites, often due to falling or flying objects. However, a TBI can happen in these types of accidents in everyday life as well.
Car accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents all contribute to a high number of TBIs each year. Victims often suffer a TBI when their head strikes a solid surface, such as the dashboard. Whiplash can also cause a TBI if the force of impact is strong enough to cause the brain to collide with the inside surface of the skull.
Many TBIs stem from situations of domestic abuse or other physical altercations.
The other 19% of TBIs are caused for other or unknown reasons. Around 80% of brain injuries happen to males, although anyone can suffer this type of trauma, and they are more common among people older than 65. The professions that carry a higher risk of TBIs are construction workers, military members, police and law enforcement, and athletes.
The following types of damages are often pursued on behalf of brain injury victims and their loved ones:
Current and future bills for emergency services, acute care, surgeries, hospitalizations, physical and occupational therapy, prescription medications, medical equipment, in-home care, and more.
Damages can be recovered for both past and future loss of income, as well as lost earning capacity. For example, a severe TBI can leave a victim unable to work again or may force them into a different line of work. Lost earning capacity is compensation for the difference in income that can be made now compared to before the accident.
Compensation for the physical pain, as well as any emotional distress caused by the incident. Emotional distress can refer to psychological conditions, such as depression, anxiety, insomnia, PTSD, and any other mental anguish.
Compensation paid to a spouse or the victim’s family for the loss of love, affection, companionship, comfort, society, services, and more.
If your property was damaged in the incident that caused your TBI, you can recover the costs of repairing or replacing the items (e.g., vehicle, clothing, cellphone, etc.)
If the at-fault party’s behavior was intentional or extremely reckless, the court might award punitive damages as a form of punishment for the defendant (at-fault party) and to deter others from similar behavior.
It is critical for brain injury victims to recover compensation that covers the full extent of their losses. The average lifetime costs for medical care and living expenses can range from $85,000 up to $4 million, depending on the severity of your TBI. Additionally, this estimate does not reflect income, benefits, and productivity losses.
It is impossible to predict precisely how much compensation you will receive, but there are certain guidelines that can be used to estimate its value. The amount of compensation you get will depend on various factors, including the severity of your case and the losses you suffer as a result of your injury.
The more substantial the evidence you have against the at-fault party and that supports your claim, the increased value of your case. In contrast, minimal evidence demonstrating the other party’s fault may mean that the majority of the blame will fall on you, drastically reducing your compensation.
A common cause of a brain injury is a motorcycle accident in San Bernardino. In these cases, the law allows you to claim for your economic and non-economic losses, including past and future medical expenses, loss of past and future income, and emotional distress. The more extensive your financial and personal losses, the higher the value of your claim. The court may also consider the following:
There must be evidence that shows the defendant directly caused your brain injury. In other words, you must prove that your injury would not have occurred but for the defendant’s negligence. If you did not seek medical care immediately following the accident, establishing causation can be much more challenging. The insurance company can then argue that your brain injury was not caused by the accident or was a pre-existing condition.
A brain injury attorney will be able to assess your case and determine the value of the losses you can claim.
If you have suffered a brain injury, you need a knowledgeable brain injury attorney who understands the law and can fight to get the full compensation you are entitled to. You need the experienced brain injury attorneys at Hanson & Mouri to work for you. Contact us today at (951) 419-3199 to schedule your free consultation.