Did you suffer a traumatic brain injury because of a motor vehicle accident, gunshot wound, sports trauma, child abuse, or other tragedy? If so, you might be entitled to monetary compensation for the injuries you sustained. Hire the catastrophic injury lawyers at My Rights Law. Our firm will fight hard to hold your wrongdoer accountable and make them compensate you for the injuries that you have sustained because of them. To consult with an experienced brain injury lawyer at My Rights Law, call (909) 340-2000 or leave a message on our secure web form for a free consultation.
Traumatic brain injuries, sometimes referred to as TBIs, are common injuries sustained when a person is involved in an accident or is injured because of someone's deliberate act or negligence. Due to the seriousness of brain injuries, one should always consult with a medical professional for a proper diagnosis.
If you sustained a concussion following an impact, it is important to get checked out immediately. This is because head injuries can be quite complex due to the nature of the human skull. Some brain injuries can also occur or be made worse from internal injuries. That is why it is important to undergo a thorough medical examination if a head injury has occurred.
One vital piece of advice is not to sign any forms or agree to a settlement before speaking to an experienced and qualified attorney. This is important because often, people who are injured in accidents might be taken advantage of by other parties. Even your own insurance company may try to undervalue the monetary value of your case.
It is best to consult with your doctor and undergo testing to determine whether you sustained a traumatic brain injury. The most common symptoms of a traumatic brain injury include unconsciousness, headaches and dizziness, nausea and vomiting, memory problems, confusion and disorientation, issues with speaking clearly or coherently, and changes to emotional or sleep patterns.
Victims of traumatic brain injuries run the risk of long-lasting injuries and even death if not evaluated by a medical professional and treated in a timely manner. Suffering a serious traumatic brain injury can be impactful to a person's life. For instance, it can impact your ability to complete everyday tasks or perform your job. It may even affect your basic cognitive and motor skills.
The brain is an extremely complex organ and, therefore, can be tricky to diagnose. Not all traumatic brain injuries can be seen with the naked eye. Often there are no external bruises, lacerations, or bleeding, which may make it difficult to recognize and evaluate the extent of a brain injury. For this reason, it is critical you keep track of your symptoms and discuss with a medical professional any symptoms you experience. Bear in mind that because of the complexity of traumatic brain injuries, some symptoms may appear over time, depending on the severity of the brain injury.
If you or someone you know has suffered a traumatic brain injury, you may be entitled to monetary compensation from the person or business at fault for your injuries. Since traumatic brain injuries may leave a lasting impact on a person's physical and cognitive capabilities and can even lead to financial troubles, an attorney can help you alleviate some of those resulting pressures.
Some signs that you should speak to an attorney after suffering a traumatic brain injury:
Due to the fragile nature of the brain, it is no surprise that diagnosing and treating a traumatic brain injury can be costly. Victims of traumatic brain injuries may require constant and life-long medical care, which may only be partially covered by health insurance. Some injuries may not require constant medical attention but may leave the victim permanently disabled. This can affect the victim's ability to work and make an income.
The piling on of additional expenses can be stressful to a victim and their family, especially when medical expenses and other costs tend to add up quickly. That is why it is important to consult an experienced brain injury attorney who can help you recover compensation for the injuries you sustained. An experienced brain injury attorney will carefully analyze the facts of your case and will work with you to develop and implement a legal strategy that is designed to recover compensation for you.
Several laws might apply to a traumatic brain injury case; however, one of the most important is the statute of limitations law. Most states have a statute of limitations for traumatic brain injury cases.
A statute of limitations is a law that restricts the time you may file a case in court. If you fail to file a lawsuit before the time expires, you may lose your right to recover compensation from the parties responsible for your injuries.
In most cases, you have a short period from the date of the accident to file a personal injury lawsuit. Typically, this limitation applies in cases involving motor vehicle accidents, premises liability cases (slip and fall accidents), product liability claims, assault, wrongful acts, or negligent acts. However, since there are certain exceptions to this law, it is best to consult with an attorney as soon as possible to discuss your case.
Some exceptions might extend your deadline to file a claim. Those are rare, though; to avoid potentially being barred from filing a lawsuit altogether, you should not assume your case falls under any of those exceptions.
Due to the risk of filing your lawsuit after the statute of limitations has expired and being barred from recovering any damages, it is best to consult an attorney as soon as possible.
Proving liability depends on the type of case being brought. For instance, your case can be either a personal injury claim or a workers' compensation claim. There are some significant differences between the two types of cases. Workers' compensation claims result from injuries that occurred while at work. In many states, you do not have to prove your employer was at fault for your injury.
A personal injury case differs in that the plaintiff must show, at a minimum, that the defendant was negligent in some way and their negligence caused the plaintiff's brain injury. The plaintiff is the person claiming to be injured who brings a lawsuit against a defendant. The defendant is the person who is allegedly liable for the plaintiff's claims.
To recover monetary damages from the defendant, a plaintiff must prove three things:
A person is negligent when they fail to act the way a reasonably careful person would in the same situation.
In some situations, a person owes a "duty of care" to others. This duty is created by law. For example, drivers have a duty to obey traffic laws so as not to create an unreasonable risk of car accidents.
To prove a negligence claim, it must first be proven that a duty of care was owed to the plaintiff. Whether a duty of care is owed and what that duty is, depends on the circumstances of the case.
Under many states' laws, negligence is defined as the failure to use reasonable care to prevent harm to oneself or others. A person is negligent if they:
The main issue in a personal injury negligence case is whether the defendant acted the same as a reasonably careful person would have acted under similar circumstances. If the answer is no, then the next issue is whether the defendant's breach of their legal duty caused the plaintiff's injuries.
In some cases, the plaintiff can benefit from using a legal doctrine called res ipsa loquitur. Its translation is "the thing speaks for itself." This doctrine is often used in personal injury cases to prove the defendant acted negligently. Its benefits are that it allows a judge or jury to presume negligence when the facts of the case show that an accident occurred with no other explanation for its cause but for the defendant's acts.
The presumption is rebuttable, however, meaning that a defendant may counter or challenge it. Typically, the defendant will present facts proving he acted reasonably. There are also legal defenses that the defendant may raise to contest a res ipsa loquitur argument. Some of those defenses include claims that he acted reasonably, that he did not have control over the object that caused the injury, or that the plaintiff's negligence caused their injuries.
Another legal doctrine that is commonly used by a plaintiff is the doctrine of negligence per se. Under this doctrine, the plaintiff can prove the defendant was negligent because he violated a statute or ordinance. The defendant's acts are presumed unreasonable upon violating the law.
A defendant will use any available defense to defeat a negligence claim. Some of the most common defenses are:
As stated earlier, the duty of care is typically created by law. In many cases, you are owed some duty of care. For example, manufacturers, property owners, business owners, and drivers each owe a duty to prevent harm to others.
Defendants will often try to put the blame on the plaintiff for causing the accident or injury. Sometimes, this defense is effective. This is mainly because some states use "comparative fault." This means that when a plaintiff partially caused the accident or injury, they are said to be comparatively negligent. However, even though a plaintiff is partially at fault for the accident or injury, they may still be able to recover some of their damages.
Assumption of the risk is most common in cases where, at the time of the accident, the plaintiff was engaging in activities that were inherently risky. Examples include gym accidents or surfing accidents.
Typically, businesses attempt to avoid liability by having patrons sign a waiver of liability and assumption of risk agreement. However, even if such waiver forms were signed, businesses nevertheless have a duty to exercise reasonable care to prevent injuries.
Sadly, there are instances where a traumatic brain injury results in a victim's death. In these instances, the surviving family members have the right to file a wrongful death lawsuit.
In many states, persons that may bring a wrongful death claim include:
A successful wrongful death lawsuit may result if it can be proven that the defendant's negligence was directly responsible for causing the traumatic brain injury that led to the wrongful death of the victim.
Certain damages may be awarded to the deceased person's estate. This includes past and future lost wages and benefits, medical expenses relating to the deceased person's final injury or illness, and funeral expenses. The surviving family members may recover damages for the value of financial support and household services the deceased person provided to the family. They also may recover damages for loss of love, companionship, and guidance.
The statute of limitations law also applies to wrongful death lawsuits. These types of cases must be filed within a short period of the deceased person's passing.
Understandably, money can never be enough when dealing with the loss of a loved one. However, a wrongful death lawsuit, at the very least, allows surviving family members the opportunity to obtain a measure of justice and consolation.
Every legal case is different. However, due to the complex nature of the injury, these types of cases rarely resolve quickly. Rather, cases involving traumatic brain injuries may take several months, sometimes even years of litigation before a settlement or trial occurs. This may sound daunting, but keep in mind that the litigation process is made to provide victims with a legal remedy to recover damages to which they are entitled.
The reason for the lengthy process is the various stages involved in a case. Before filing any complaint with the court, an attorney will send a demand letter to the responsible party. In this letter, the attorney argues the reasons why a client is entitled to monetary damages. Typically, these letters are ignored, or nothing results from them. This then results in the attorney preparing a complaint and formally filing the case in court. The case is now considered commenced.
Various stages of discovery then occur, which means both sides exchange relevant information with one another pertaining to the claims. Once the discovery stage is completed, settlement discussions begin. Due to the cost of going to trial, most cases end up settling. However, if the parties cannot reach a settlement, the next step is to proceed to trial.
An attorney's only goal is to help their client recover a monetary amount that they feel is deserving because of the traumatic brain injury they sustained. That is why it is important to consult with an attorney who can help you achieve fair compensation.
Traumatic brain injury cases, just like the brain, are quite complex. They are best handled by an experienced attorney who understands the several types of legal damages, that is, monetary compensation, available to a victim of these types of injuries.
Aside from understanding the types of damages available, an attorney also knows what kind of evidence must be presented for a jury to adequately put a dollar figure on your injury. Even if you want to settle the case, the liable party will most likely offer a fair settlement if the evidence against it is strong enough.
Typically, in this type of case, you are entitled to the following types of damages:
There are some instances where the judge awards punitive damages. Punitive damages are meant to punish the liable party. The nature of how the victim was injured typically determines whether punitive damages are available or not.
It is important to note that damage awards can be reduced if the victim is found to have been partially at fault. In some states, if the judge or jury finds that the victim is partially liable, they assign a percentage of fault to the victim. The damage award is then reduced by the percentage amount. Some states may deny a victim's recovery if they are found to be 50 percent or more at fault.
Traumatic brain injuries are complex. Proving someone caused such a complex injury because they were negligent is not easy.
You must generally prove the responsible party was negligent. That means that evidence is key in successfully winning your case. The process can be long and stressful, but that is why having an experienced traumatic brain injury attorney can help ease the process for you.
Remember, if you suffered a traumatic brain injury due to the negligence of someone else, you are entitled to compensation. If you or a loved one suffered a traumatic brain injury, you might be stressed and frightened and feel alone in this process. When you consult a knowledgeable, compassionate, and dependable attorney, that will ease some burdens off you. Call an attorney today for a free consultation to discuss the next steps.
When you or someone close to you has suffered a catastrophic brain injury, your world can feel like it has been turned upside down. That's why My Rights Law is here for you. We are passionately committed to justice for those affected by such an injury, providing specialized legal support every step of the way. Our team is highly experienced in handling these cases, giving you the best chance for a successful outcome. Don't let yourself become overwhelmed - let us fight for your rights and ensure that the responsible party is held accountable. Trust My Rights Law when you need a catastrophic brain injury lawyer.
After an unexpected car crash, victims and their families are often left feeling uncertain and vulnerable. If a brain injury is part of the trauma, having a car crash attorney specializing in brain injury law can provide invaluable legal guidance and support. At our firm, we understand that brain injuries have both physical and psychological consequences and require specialized care to be properly taken into account in court. We know that timely action is essential, which is why we strive to provide supportive yet aggressive representation for our clients. Entrust your case to us—our experienced car crash attorneys have the knowledge, dedication, and commitment to effectively and efficiently fight for justice and compensation for you and your loved ones.
If you have been the victim of a concussion or brain injury caused by another person's negligence, you need an experienced lawyer to fight for justice on your behalf. At My Rights Law, we are committed to helping those affected by severe concussions and traumatic brain injuries receive the compensation that they deserve. Our team of knowledgeable attorneys is well-versed in the applicable laws, and will work tirelessly to ensure that your rights are upheld and that you are fully compensated for your losses. We understand that this is a difficult time, and we are here to help with all legal matters concerning your case. Don't hesitate to contact us today so we can get started fighting for you.
At My Rights Law, we understand all the complexities involved in a traumatic brain injury case. We also understand the catastrophic impact that these cases can have on victims and their families, which is why we’re dedicated to providing comprehensive assistance to our clients dealing with these devastating injuries.
Our experienced team of personal injury lawyers are here to take on your case and help you through every step of your journey. From gathering medical records to identifying the at-fault party and negotiating a reasonable settlement, we will always put your best interests first.
We specialize in different types of injuries such as closed brain injuries, mild head injuries, primary brain injury, damage to brain tissue, and brain death. Our lawyers have years of experience in courtroom litigation and can provide legal advice about all aspects of personal injury matters. In addition to legal representation, we also provide physical therapy, medical treatment referrals, insurance coverage advocacy, and emotional trauma counseling for our brain injury victims.
If you or someone you know has been injured in a car accident, truck accident, workplace injury, or construction accident, don’t hesitate to contact My Rights Law for experienced legal action and courtroom representation. Our talented team of lawyers has secured countless substantial settlements for injured persons and their families and is ready to fight aggressively for you in the courtroom. Together, we can work towards achieving justice and compensation for the harms suffered due to a traumatic brain injury or any other type of accidental injury.
This page was written, edited, reviewed, and approved by Bobby Shamuilian.
Attorney Shamuilian is the managing partner and founder of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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