Brain injuries are one of the most traumatic and frightening medical conditions. A brain injury can cause physical pain and disabilities, but it can also fundamentally change how you think, reason, function, and interact with others. Brain injuries can even rob you of your most precious memories and change your personality. How do you put a price on the value of something as important to who we are as the brain?
The Modesto personal injury lawyers of OnderLaw, LLC understand how hard the recovery process can be. We also know that money may not be able to erase the damage that has been caused, but compensation can help cover your medical expenses and lost income. Pursuing compensation after an accident also sends a message to negligent and reckless parties that they will be held responsible for their actions.
If someone else’s negligence left you or a loved one with a brain injury, it could be time to call the experienced Modesto attorneys with OnderLaw, LLC. Our sympathetic team can offer both moral and legal support during this traumatic time. To find out how much your case may be worth, contact us today by calling and setting up a free and confidential legal consultation.
A traumatic brain injury (TBI) is typically the result of a tremendous amount of external force being applied to the head. This jolt to the head can cause the brain to violently collide with the skull. When this happens, the result can be significant damage to brain tissue and cells. Penetrating wounds from gunshots or even a stabbing can also result in a traumatic brain injury. Data from the Centers for Disease Control and Prevention shows that falls are one of the most common causes of traumatic brain injuries in the U.S.
Other common causes of traumatic brain injuries include:
In general, there are three different types of traumatic brain injuries. These injuries may result in headaches and minor health setbacks to life-altering medical complications and significant personality changes. The main types of TBI injuries are:
Mild Brain Injury or Concussion. Most mild cases of brain injury are caused by a hit to the head or a sudden hit to the body, which causes the head to violently rock back and forth. This powerful external force can cause the brain to bounce into the skull. The force of the blow may also result in damage to the brain’s cells or in chemical changes in the brain. Do not let the word “mild” fool you into thinking that a concussion is not serious. Those with mild brain injuries need to be seen by a healthcare provider. This type of injury can cause headaches, memory problems, confusion, and nausea.
Moderate Brain Injury. A moderate traumatic brain injury can be the result of a significant blow to the head. A person may experience a loss of consciousness for anywhere from a few minutes to a few hours. Many individuals who suffer a moderate brain injury will experience confusion and other symptoms for a few days. The impact of a moderate brain injury can mean physical, cognitive, or behavioral changes that can last months or may even be permanent.
Severe or Traumatic Brain Injury. A severe or traumatic brain injury is the most serious type of injury. It can be the result of a significant impact on the head or the result of a penetrating wound to the head. A TBI may result in a loss of consciousness or coma that lasts days, weeks, or even months. Returning to a pre-traumatic brain injury state can be difficult and sometimes impossible. Recovery can be slow, and a person may be left with permanent physical, cognitive, and behavioral impairments, which can significantly impact their quality of life.
Some of the most common side effects or complications that can result from a brain injury include:
It can be difficult to calculate the value of a traumatic brain injury claim because the consequences of a brain injury can be so stark and dramatic. Brain injuries can result in significant and permanent quality of life changes and disabilities. For this reason, compensation for traumatic brain injury claims can reach into the millions of dollars, depending on the circumstances of the case.
Generally, a traumatic brain injury victim will be able to pursue money that will cover both economic damages and noneconomic damages. Economic damages will cover measurable losses such as medical expenses and lost income. Noneconomic damages are meant to cover emotional distress and quality of life alterations. In total, compensation may be available for:
In most cases, California does not cap the amount of noneconomic damages a victim is eligible to receive. The courts can award compensation that they deem appropriate based on the evidence presented and the circumstances of the case. The exception to this is medical malpractice cases. There is a cap on medical malpractice practice claims in the state. In California, noneconomic damages cannot exceed the $250,000 cap in this type of case.
California is considered an “at-fault” state, meaning that victims must prove that someone else was at fault for causing their accident. However, proving that someone was negligent or reckless when they caused an accident can sometimes be difficult. Generally, to prove negligence in a traumatic brain injury case, the victim must demonstrate that whoever caused the accident failed to obey California’s law that says every person is responsible not to harm others. Next, the victim must show that the at-fault party’s actions resulted in the accident, and that the victim was injured in the accident. Evidence will be required to support the victim’s story.
Discussing your situation with an experienced Modesto brain injury attorney is the best way to determine whether your potential case can be built to demonstrate these things.
You will also want to discuss the timeline of the accident with an attorney as well. California only gives victims two years from the date of the accident to file a civil lawsuit for compensation. If you miss the deadline and file a claim anyway, in most cases, the courts will dismiss the case without ever hearing it. This leaves victims with very few or sometimes no options whatsoever for recovering valuable compensation for their losses.
The Centers for Disease Control and Prevention estimate that falls account for almost half of all traumatic brain injury-related hospitalizations in the U.S. Motor vehicle crashes and assaults also account for a large number of brain injury cases. In 2019, there were at least 61,000 TBI-related deaths.
The California Office of Statewide Health Planning and Development notes that in 2014, there were at least 32,838 cases of traumatic brain injuries recorded by state hospitals.
Research into the life-long medical costs associated with a traumatic brain injury diagnosis shows that treatment can range from $85,000 to $3 million.
There is almost nothing more life-changing and traumatic than a significant brain injury. This type of injury can impact an individual both physically and mentally. Some days, you may not even be able to recognize yourself. Add to this the impact that a serious injury can have on your finances, and the aftermath of a brain injury-causing accident can be overwhelming. This is not a time to try to manage things by yourself. You need both compassionate support and sound legal advice. At OnderLaw, LLC, we can provide you with both.
Unfortunately, some insurers may take advantage of your vulnerable position to keep more money in their pocket by putting less in yours. Hiring a Modesto brain injury attorney means you have an advocate on your side protecting you and your best interests. An attorney can review your situation, investigate the accident, and collect evidence vital to your claim. An attorney can also determine how much money you may be owed and negotiate aggressively on your behalf.
At OnderLaw, LLC, we have over two decades of experience working with clients and getting them the justice they deserve. We use our extensive knowledge of the legal system and our vast resources to build a case that can achieve the most positive outcome possible for your situation. If you or someone close to you has suffered a traumatic brain injury and needs help, contact our office today. We can set up a free and confidential consultation to discuss your potential case and what we can do to help you get the compensation you need.
A traumatic brain injury can turn your entire life upside-down. It can feel like a major struggle just to regain control over your life. During this difficult time, you need to have someone in your corner protecting your rights and advocating for your physical and financial health. The Modesto team at OnderLaw, LLC can be there for you.
At OnderLaw, LLC, we want to help you hold negligent or reckless individuals accountable for their actions. If you or a family member are coping with a traumatic brain injury after an accident, contact our team for help today. Call us to talk with an experienced attorney about your situation and set up a free and confidential consultation.