Oxnard Brain Injury Attorneys
Suffering a traumatic brain injury (TBI) isn’t just a temporary occurrence. It can have a long-lasting impact on both your physical and emotional well-being, as well as affecting your income-earning ability and financial well-being. Similarly, a traumatic brain injury isn’t just a personal injury. Your recovery journey can even affect your loved ones. If you didn’t cause the accident, you deserve compensation.
If you or a loved one have suffered a traumatic brain injury caused by the actions or negligence of another person, you need an experienced attorney to ensure you receive the compensation you’re entitled to. Call the Oxnard personal injury lawyers of OnderLaw, LLC at (314) 963-9000 to acquire the legal representation that best serves you in your time of need. At OnderLaw, LLC, our attorneys have three decades of combined experience in obtaining significant compensation for our clients, and we can help you, too. Call OnderLaw, LLC at (314) 963-9000 or contact us online today for a free consultation.
Causes of Traumatic Brain Injuries
A commonly known cause of traumatic brain injuries is motor vehicle accidents. Other causes include:
- These are incredibly common in many people’s day-to-day lives. From falling down the stairs in our homes to tripping and falling on the sidewalk, falls are a considerable risk to anyone, especially children and the elderly. Some falls are mere accidents, but others may be caused by the negligence of others, like a wet floor in a grocery market where the need for patrons to take caution is not properly advertised.
- Firearm-related injuries. Whether it’s an accidental or intentional shooting or even an attempted suicide by firearm, physical damage to the head or neck by a firearm can result in a TBI, among other injuries.
- Being shaken violently, struck in the head or neck by a person or object, or pushed down to the floor or into the wall can cause traumatic brain injuries.
- Sports-related injuries. Traumatic brain injuries are a common risk of participation in sports, such as football and boxing. The potential for great impact on the neck and skull of those playing sports creates a high risk for traumatic brain injuries.
Types of Traumatic Brain Injuries
There are three types of traumatic brain injuries: mild, moderate, and severe.
- Mild Traumatic Brain Injury. Traumatic brain injuries that are mild are concussions. They occur when the head is hit in a way that causes the brain to be shaken. This alters one’s brain chemistry and affects the brain’s cells. Though mild, the symptoms that follow this type of TBI can be serious and require medical attention.
- Moderate and Severe Traumatic Brain Injury. These types of TBIs are life-threatening. The severity of a traumatic brain injury can cause chronic health issues and even death. Moderate and severe traumatic brain injuries can leave you with medical expenses and debt, since most moderate and severe TBIs require hospitalization and extended medical care.
Compensation for a Traumatic Brain Injury Claim
If you have suffered a traumatic brain injury as a result of someone else’s actions or negligence, you may be entitled to compensatory damages. There may be no amount of money to erase what you have already suffered and may continue to suffer from your injury. Compensation, however, is intended to make you as “whole” as possible. Some damages may be more easily calculated than others. The types of compensation you may be entitled to include:
- Medical costs. The initial medical treatment you receive after suffering a traumatic brain injury can be incredibly costly, especially if you require hospitalization. Additionally, you may require long-term medical treatment if you suffer chronic health issues as a result of the injury, and those medical costs can mount. You may require physical or other rehabilitative therapy, surgery, or disability accommodations, like equipment and modifications made to your home or car. Compensatory damages can reimburse the costs you may have incurred and can cover your future medical costs.
- Income. Traumatic brain injuries can require varying lengths of time to recover. While recovering, you may be unable to work. This results in loss of income. Compensatory damages can reimburse you for the income you’ve already lost as well as any income you may lose in the future, should you be unable to return to work as a result of your continued recovery. The potential long-lasting effects of traumatic brain injuries can affect your future earning potential. Compensatory damages can provide you relief for that potential future impact.
- Loss of property. If during the incident that caused your traumatic brain injury, your property, such as a vehicle, laptop, cellphone, or other items, was damaged, you may receive compensatory damages to reimburse you for the cost to repair or replace that property.
Calculating some compensatory damages may not be as clear-cut as medical damages or property loss, but you may still be entitled to compensation for them. These damages include:
- Emotional distress. Suffering from a traumatic brain injury can take a toll on your emotional well-being. That toll doesn’t just end once you’ve recovered physically. Though the value of such a loss may not be as immediately obvious as medical expenses, you can receive compensatory damages for that psychological and emotional impact.
- Pain and suffering. You can receive compensatory damages for the pain you’ve suffered and may continue to endure as a result of the accident that caused your traumatic brain injury.
- Quality of life. A traumatic brain injury can affect you in multiple areas of your life, not just financially and physically. The long-term effects of a TBI could affect your ability to do the ordinary, everyday things that you may have been used to doing. Cleaning your home, exercising, going to a party with friends, or playing a game of monopoly with your children could be difficult. You may be entitled to receive compensation for a decline in your quality of life.
Proving Negligence in California/Statute of Limitations on Personal Injury Lawsuits
When you file a personal injury claim in California, you must show that negligence caused your traumatic brain injury. In California, everyone has a duty to act in a way that does not harm others. You and your lawyer must show that the at-fault party didn’t do that. You’ll also have to show that their actions or inaction caused the accident that resulted in your TBI. Then you’ll have to show that you actually suffered losses because of the accident. Once you prove those things, you should be able to obtain compensation.
The statute of limitations in California for filing a personal injury claim for a traumatic brain injury is two years from the time of the injury. This means that if the two-year window elapses and you file your claim after that, the court will likely dismiss your case. You’ll have missed your opportunity to obtain compensation through the court system.
California and National Accident Statistics
Between 2001 and 2009, there were 61,188 traumatic brain injury hospitalizations and deaths in the state of California.
The CDC reports almost 61,000 deaths related to TBI in 2019.
Why Do I Need a Lawyer? Why Choose OnderLaw, LLC?
OnderLaw, LLC was founded by attorney James G. Onder in 2002 with a guiding principle: to serve our clients well and ensure they get justice.
At OnderLaw, LLC, we have decades of experience in helping clients who have suffered just like you receive the compensation they’re entitled to and deserve. We have secured over $4 billion in compensation for our clients so far, and we’re still going strong.
Our experienced attorneys have represented people who have suffered a range of personal injury accidents, including traumatic brain injuries, motor vehicle and pedestrian accidents, slip and fall, nursing home abuse, wrongful death, and workers’ compensation claims. We’ve represented clients against people and multi-million/billion-dollar corporations, like Johnson & Johnson and major manufacturers and retailers. We’ve helped clients in these cases receive significant compensation, and we will work hard to do the same for you.
Sure, we can’t guarantee that our past success will dictate the same success in every future case. What we can do is assure you that the attorneys at OnderLaw, LLC will work diligently to provide you with top-notch legal representation. More importantly, we’ll do it with care, empathy, and compassion with the understanding that you have suffered and are in need.
Contact OnderLaw, LLC Today
Because of the statute of limitations in California on personal injury cases, the clock is ticking. Call (314) 963-9000 or contact us online today for your free consultation. At OnderLaw, LLC, get a free consultation where our experienced attorneys can review your case and present your options to you. There is no obligation on your part to retain our services.
If you choose to retain OnderLaw, LLC, you will continue to bear no further costs than you have already suffered. This is because you are not expected to pay us a dime until we’ve obtained compensation for you. Then, we’ll take an agreed-upon percentage of your money as our fee.
Call OnderLaw, LLC at (314) 963-9000 or contact us online today so that we can get to work to get you the compensation and justice you deserve.