If you’ve been hurt in an accident in Anaheim that wasn’t your fault and developed a brain injury as a result, you may be entitled to significant compensation.

Contact the Anaheim personal injury lawyers of OnderLaw today to schedule a free consultation. Our firm doesn’t require payment from you until your claim or case is concluded in your favor. Call us or contact us online.

Causes of Traumatic Brain Injuries (TBI)

Falls and blunt force trauma are two of many possible accidents that can lead to a TBI. Some of the most common causes of traumatic brain injuries include:

  • Falls
  • Motor vehicle accidents
  • Violence
  • Sports injuries
  • Explosions and combat injuries
  • Abuse and neglect
  • Blunt-force trauma

Types of Traumatic Brain Injuries

There are two different types of brain injuries possible: closed brain injury and penetrating brain injury. The type of brain injury you develop depends on the type of accident you’re involved in, as well as the position you were in and the location of the impact on the brain.

Closed brain injuries could be any of these:

  • Coup-contrecoup brain injury
  • Concussion
  • Brain contusion
  • Diffuse axonal injury
  • Second impact syndrome
  • Shaken baby syndrome

Penetrating brain injuries include

  • Bullets piercing the brain
  • Skull fragments piercing the brain
  • Another foreign object piercing the brain

Compensation for a Traumatic Brain Injury Claim

The types and amount of compensation you can expect to receive for your injuries depends on the severity of the injuries you sustained as well as the duration of your recovery time. The most common forms of compensation victims suffering from traumatic brain injuries may receive include:

  • Medical expenses. Traumatic brain injuries require immediate medical attention. However, you shouldn’t be made financially responsible for injuries sustained in an accident that wasn’t your fault. You may be entitled to recover damages for the medical expenses that you incur, such as x-rays, surgeries, prescriptions, rehabilitation, wheelchairs, and more.
  • Lost wages. It’s possible that your brain injury will require that you take time away from work to focus on your recovery. During that time, you may not get paid, which can add to the stress you’re already experiencing. The last thing you should have to worry about when recovering from a traumatic brain injury is how you plan to provide for yourself and your family. Fortunately, you may be entitled to compensation for the wages you lose while you recover from your brain injury.
  • Lost earning capacity. Your brain injury may be so devastating that you’re unable to return to work. If this is the case for you, you could recover damages for past, present, and future lost earning capacity.
  • Pain and suffering. You may experience pain and suffering because of the accident and your resulting brain injury. While we understand that there’s little that can be done to take away your pain and suffering, you may be entitled to compensation for your accident-related pain and suffering.
  • Emotional distress. The accident may have been such a traumatic experience for you that you developed emotional disturbances or mental health disorders, such as depression, anxiety, or post-traumatic stress disorder (PTSD). The development of these emotional changes can lead to a decline in your quality of life that you wouldn’t have experienced otherwise. You can seek to recover damages for your emotional distress.
  • Property damage. You may have had belongings damaged or destroyed in the accident. If this is the case, you can recover compensation for the repair or replacement of those items.
  • Loss of enjoyment. The accident may render you unable to participate in activities you derived joy from before you became injured. You may experience a decline in your quality of life. If so, you can seek to recover damages for that loss of enjoyment of life.
  • Loss of consortium. Some traumatic brain injuries are so devastating that you may have had a loved one succumb to their injuries. If this is the situation for you and your family, you can seek to recover compensation for the loss of the decedent’s love and companionship, otherwise known as the loss of consortium.
  • Exemplary damages. Exemplary damages come into play in cases where it’s obvious that the accident was caused by the willful intent of another person to cause you harm, defraud you, or oppress you. If your case goes to court and the jury finds that this is the case for you, they may award exemplary damages in addition to other forms of compensation.

Proving Negligence in California

In order to prove negligence in California, you need to provide evidence that the action or inaction of another person contributed to the accident. Negligence occurs when another person fails to exercise sound judgment and care in a given situation (i.e., while on the road, at work, etc.) which leads to an accident in which you develop a serious injury or disability. Had the other person acted reasonably, the accident in which you were injured wouldn’t have occurred.

For example, if you developed a traumatic brain injury as a result of an armed robbery or assault, it’s clear to see that the fault lies with the person who assaulted you. The person who robbed you chose to inflict harm upon you, and their blows were so devastating that you developed a traumatic brain injury as a result.

Another scenario could be that you were involved in a motor vehicle collision caused by the other driver’s failure to pay attention to the road while texting. Say that you were making a right turn on a green light, and the other driver ran a red light and collided with your vehicle, causing you to develop a traumatic brain injury. Here, the other driver failed to pay attention to the road and obey traffic laws, which led to you becoming injured.

Statute of Limitations on Personal Injury Lawsuits

In California, the statute of limitations on personal injury lawsuits is two years from the date of injury. Should you fail to file your lawsuit within the given time frame, your case may be dismissed altogether, and you could lose your opportunity to pursue compensation in the courts. This is one of many reasons why it helps to have an experienced personal injury lawyer on your team. A lawyer can help you stay ahead of all deadlines to ensure a better outcome for your case.

California Accident Statistics

Traumatic brain injury accidents occur daily across the U.S. Here’s what the numbers look like in the state of California:

  • According to the California Department of Public Health, 210,910 California residents developed a traumatic brain injury that required a visit to the emergency room in 2015.
  • Data collected by the Centers for Disease Control and Prevention (CDC) reveal that 61,000 people died in the U.S. as a result of traumatic brain injuries in 2017.
  • According to the Centers for Disease Control and Prevention (CDC), unintentional falls were the leading cause of TBI-related hospitalizations in 2016 and 2017.

Why Do I Need a Lawyer?

A lawyer can mean the difference between winning and losing your case. A skilled lawyer can help you throughout the entire claim or lawsuit process. When you’re suffering from a traumatic brain injury, the last thing you’ll want to trouble yourself with is the process of filing a personal injury claim.

Although it’s possible to file a personal injury claim on your own, the process is often lengthy and time-consuming. Additionally, if there are any mistakes within the paperwork for your claim, it could be thrown out altogether. An attorney can help investigate your claim, recover necessary medical documents and evidence, and speak with insurance providers on your behalf to secure a more substantial payout for you.

Additionally, a lawyer can help you decide on your next steps in the event that your claim is denied. Whatever the case may be, a lawyer is there to support you through your process.

Why Choose OnderLaw ?

The team at OnderLaw is dedicated to helping accident victims in Anaheim and beyond. For nearly two decades, we’ve taken on clients with personal injury cases. We advocate for their rights while working to secure the full amount of compensation they deserve.

Throughout the years we’ve been in practice, we’ve recovered over $18 million in awards and settlements for those injured in accidents resulting in traumatic brain injuries. We’re sure to achieve more success and great results for our clients in the coming years.

Our lawyers are recognized by legal organizations such as Super Lawyers, Million Dollar Advocates Forum, and Rue Ratings Best Attorneys of America. We’ve worked hard to be recognized by such prestigious legal organizations, and we’ll commit the same work ethic to you and your personal injury case.

Contact an Anaheim Brain Injury Attorney

If you’ve developed a traumatic brain injury resulting from an accident in Anaheim that wasn’t your fault, contact OnderLaw today. Call us or contact us online to schedule a free consultation.