A brain injury can be a life-changing event. If you have suffered from a brain injury in an accident that was someone else’s fault, you’re probably wondering why this happened to you. If your injury was significant, you’re probably also watching medical bills come in the door and wondering how in the world you’re going to pay for them, especially if you’ve had to take off work because of your injury.

The Moreno Valley personal injury lawyers of OnderLaw have nearly two decades of experience helping people with injuries like yours. If the accident wasn’t your fault, you shouldn’t have to pay any of the expenses associated with your injury. We can help you determine who was at fault for the accident, put together a strong claim or lawsuit, and pursue compensation to cover your expenses.

You shouldn’t go through a devastating event like a traumatic brain injury on your own. Let OnderLaw help you get the money you need to get back on your feet. Call us today or contact us online to set up your free consultation.

Causes of Traumatic Brain Injuries

The Mayo Clinic sets out the following situations as causes for traumatic brain injuries:

  • Falls. Falls can happen for any number of reasons. Someone forgets or doesn’t bother to clean up a slippery floor. A person leaves an object on the floor. There are any number of reasons someone falls, and if the fall is because another person failed to take the necessary precautions to prevent the fall, that person may be liable for your injuries.
  • Vehicle-related collisions. Vehicles are safer today than ever, but even in today’s safest vehicle, a collision may result in traumatic brain injuries. The jarring of the head can damage the brain. When the head strikes against something, it can cause traumatic brain injuries. Even an airbag can jar the head to the point that it damages the brain.
  • Violence. Any severe blow to the head can cause traumatic brain injury. If a person attacks you or assaults you, they are liable for your injuries. TBI can also be the result of “just playing around” during horseplay.
  • Sports. We’ve all watched sports, either in person or on television. We’ve seen soccer players strike the ball with their heads. We’ve watched a hard collision on a football field or a pitch that gets away from the pitcher and strikes a batter’s helmet. All these things can cause traumatic brain injury.
  • Severe blows to the head. A falling tree limb can cause a severe blow to the head. So can a low-hanging tree limb. The severe blow can be the result of an unsafe and unmarked low rafter or another unmarked obstacle.
  • Explosive blasts and other combat injuries. Explosive blasts and combat injuries can happen in a war zone, but they can also happen in otherwise normal daily events. Road construction without adequate warning can result in an explosive blast that can cause brain injury. Training in self-defense can result in a “combat” injury. Explosives are used frequently on construction sites, and without proper protective gear and warnings for people in the area, TBI can result.

Types of Traumatic Brain Injuries

While well protected by the skull that encases it, the brain is nonetheless subject to a number of injuries. The Johns Hopkins Medical website  lists the following types of injuries:

  • Closed brain injury. This occurs when no direct damage has occurred to the skull and usually occurs when the brain is forced rapidly back or forth or from shaking. This can happen because of vehicle collisions, falls, or sports injuries.
  • Penetrating brain injury. This is a result of an open head injury when the skull is broken. A gunshot wound is an example of a penetrating brain injury.
  • Diffuse axonal injury. According to the website, “diffuse axonal injury is the shearing (tearing) of the brain’s long connecting nerve fibers (axons) that happens when the brain is injured as it shifts and rotates inside the bony skull.” Such an injury may not show up on standard scans and can result in coma or harm to different parts of the brain.
  • Primary and secondary injury. The primary injury is the injury that is apparent at the time of the injury. A secondary injury appears over a period of time after the primary injury has been diagnosed. These changes can be seen in steps and stages and can result in further brain injury.

Compensation for a TBI Claim

Whether your compensation comes via a settlement with the at-fault party’s insurance company or through an award from a lawsuit, multiple factors are considered when determining what your compensation should be. You may be eligible for “damages” for each of your losses.

Your losses may be either the economic costs or the noneconomic costs associated with your injury. Economic costs are those that have a fixed value, such as medical bills or prescription receipts. Noneconomic costs are the intangible losses you endure from the accident, such as pain and suffering or the emotional results of disfigurement.

You may be eligible for compensation for any of these:

  • Medical treatment. This includes emergency medical transport, hospital expenses, prescriptions, doctors’ visits, rehab, physical therapy, pain management, assistive devices, and more.
  • Lost wages. Recuperating from a brain injury can take weeks and months. The time away from work means a loss of income for that time. The injuries may be such that returning to work is no longer possible, and that income will be lost as well. You may be eligible to recoup present and future lost wages.
  • Loss of consortium. A traumatic brain injury can affect the way we are able to relate to our spouse or significant other. The intimacy of the relationship may change, perhaps permanently. You may be eligible for compensation for this change in quality of life.
  • Loss of enjoyment of life. A brain injury can affect the way you are able to enjoy your usual hobbies and activities. You may no longer be able to engage in those things that helped make you “you” because of your injuries. Compensation may be available for this loss.
  • Pain and suffering. TBI can be painful, and recovery may be slow. As a result of such trauma, people may develop PTSD, anxiety, depression, or other conditions. In addition to compensation for those new conditions, there may be compensation available for the physical anguish you endure as you heal.

Proving Negligence in California / Statute of Limitations on Personal Injury Lawsuits

In order to obtain compensation for your traumatic brain injury, you must show that someone else caused it. You’ll need proof that the at-fault party failed in his obligation to take care to keep you reasonably safe, a duty required of all California citizens. Once you’ve shown that, you must also prove that their actions caused the accident, that you were injured in the accident, and that you actually suffered losses in the accident. If you can prove all these things, you’ll most likely be able to get money for your injuries.

In California, you’re allowed two years from the date of the injury to file a lawsuit. If you wait to file your lawsuit until after this statute of limitations expires, the court will likely dismiss your case, and you will lose the opportunity to pursue compensation through the courts. Two years seems like a long time, but if the insurance company drags out settlement negotiations and you’re not careful, you could miss it. That’s why you need OnderLaw. We will mind the deadlines and make sure that, should negotiations fail, we have prepared to file a lawsuit in time to protect your interests.

Moreno Valley Accident Statistics

In 2019, Moreno Valley had 13 fatal traffic accidents. Twenty-one vehicles were involved in these crashes, and four involved a drunk person. Pedestrians accounted for six of the deaths.

Why Do I Need a Lawyer? Why Choose OnderLaw?

You have a brain injury caused by someone else. You want what is reasonably owed you for your injury. Unfortunately, the person who hurt you will have insurance companies and defense lawyers supporting them. They will question whether you were actually harmed by that person. They will try to make it look like it is all your fault.

That’s why you need OnderLaw. We will fight for you. We will listen to your story, and we’ll use the law to plan a strategy that will bring the best outcome for you. We know how to handle insurance companies and defense attorneys, and we won’t let them take advantage of you. We’ll bring the same work ethic that brought our past clients over $4 billion in settlement to your case, and we’ll keep you informed every step of the way. We will help you get closure from this traumatic time in your life.

Another reason you should hire OnderLaw is that we take cases on contingency. That means you’ll pay nothing upfront for our high-quality legal representation. We will take an agreed-upon percentage of the compensation we get you. If we get you no money, we don’t get paid. Simple as that.

Get Help Today

If you suffered a TBI in an accident that wasn’t your fault, don’t go through this on your own. Call OnderLaw today. We can help you get the compensation you’re owed for the injuries you suffered. Our compassionate, empathetic attorneys will walk you through every step and be there to support you and answer your questions.

Don’t wait. Call or contact us online now to get the money you deserve.