If someone else was responsible for your accidental brain injury, you might be entitled to compensation. You should speak with a Riverside personal injury attorney at OnderLaw immediately to find out the available options and how we can help. You have a right to hold the negligent party liable for their actions and recover the money you need to pay for your medical treatment and other expenses.

brain injury can cause debilitating symptoms and permanent damage. The lifelong complications you suffer can interfere with your job, family, and daily responsibilities. Various scenarios can lead to a catastrophic accident, causing a severe brain injury. Without immediate and adequate treatment, you could suffer physical or mental disability and require ongoing medical care and assistance.

At OnderLaw , our Riverside brain injury lawyers understand the consequences you face. You might be in pain and can’t return to your job. The symptoms can be debilitating and upend your entire life. We can help you hold the at-fault party accountable for the harm they caused. We will fight for the justice and compensation you deserve. Call us for a free consultation to learn more about the services we offer.

Causes of Traumatic Brain Injuries

A brain injury can happen in a car accident, during a fall on someone else’s property, or from a dangerous product, to name just a few examples. If another person was at fault for the incident, you could pursue compensation from them to recoup the accident-related costs you incurred.

The most common causes of brain injuries include:

  • Medical malpractice
  • Slip/trip and fall
  • Fire or explosion
  • Fall from heights
  • Being struck by an object
  • Malfunctioning equipment and machinery
  • Motor vehicle accidents
  • Occupational accidents
  • Defective product
  • Assault

 

OnderLaw can handle any type of accident resulting in a brain injury. We can investigate what happened and determine who should be financially liable for your medical bills, lost income, and other costs. We have the resources to obtain the relevant evidence we need to show someone else’s actions were responsible for your injuries.

Types of Traumatic Brain Injuries

There are two major types of brain injuries. A traumatic brain injury (TBI) occurs when an external force alters the pathology or function of the brain. An acquired brain injury (ABI) is a brain injury not caused by congenital, hereditary, degenerative, or birth trauma factors.

Different classifications of TBI indicate the cause of the injury. They are:

  • Concussion – Sudden movement or impact to the head causes brain trauma.
  • Contusion – The brain bleeds from a direct blow to the head.
  • Diffuse axonal injury – The brain cells don’t function properly due to damage.
  • Penetrating brain injury – An object penetrating the brain causes injury.

 

An acquired brain injury is also known as a non-traumatic brain injury. The two main classifications of ABI are:

  • Anoxia – The brain tissue doesn’t receive any oxygen supply when anoxia occurs.
  • Hypoxia – Hypoxia causes organ tissues to receive a reduced amount of oxygen supply.

 

The symptoms of a brain injury differ based on the severity of the injury. With a minor brain injury, common symptoms are:

  • Fatigue
  • Headache
  • Speech problems
  • Nausea or vomiting
  • Ringing in the ears
  • Difficulty with memory or concentration
  • Mood swings
  • Dizziness
  • Trouble sleeping

 

Moderate to severe brain injuries cause symptoms, such as:

  • Profound confusion
  • Repeated nausea or vomiting
  • Numbness or weakness in the toes and fingers
  • Seizures or convulsions
  • Persistent or worsening headaches
  • Slurred speech
  • Loss of consciousness for a few minutes to hours
  • Coma

 

Unfortunately, brain injuries heal differently for each person. Some people make a full recovery, while others suffer symptoms for months or years after an accident. If you experience any of these symptoms following an accident, you should see your doctor immediately.

Compensation for a TBI Claim

Some brain injuries can be mild and heal without emergency medical care. Others require ongoing treatment to manage symptoms and prevent complications. When you need rehabilitation, surgery, prescription medications, and other types of treatment, you receive expensive medical bills. You could face debt if you can’t afford these costs.

If your actions didn’t contribute to your brain injury, the at-fault party should be responsible for your total expenses. The process for pursuing compensation will depend on the circumstances of the accident.

For example, if you were in a car accident, you could file a claim with the negligent driver’s car insurance carrier. If a healthcare professional caused your injury, you could file a medical malpractice lawsuit.

The losses you may be eligible to obtain compensation for in your case might include:

  • Lost wages
  • Lost earning capacity
  • Physical impairment or disfigurement
  • Pain and suffering
  • Medical expenses
  • Personal property damage
  • Loss of enjoyment of life
  • Emotional distress

 

The Riverside brain injury lawyers of OnderLaw know how to calculate an accident victim’s losses to determine the monetary value of their case. Some of the contributing factors we might use to determine your total losses are:

  • Amount of coverage from the at-fault party’s insurance company
  • Length of time it takes to recover
  • Disability or impairment caused by the injury
  • Total costs associated with the accident
  • Availability of sufficient evidence proving someone else was at fault
  • Type and severity of the brain injury
  • Emotional or psychological issues resulting from the accident
  • The cost of necessary medical treatment and other expenses related to the injury in the future

 

We know how important it is to receive the highest amount of compensation possible. You need money from the at-fault party to cover your total expenses and compensate for your suffering. You can depend on us to fight hard for your rights and work toward your desired outcome.

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

You could file a lawsuit against the at-fault party in various situations. California has a two-year statute of limitations. That means you must initiate your lawsuit within two years of the accident date if you want to seek compensation in court. This is a strict timeframe you must follow. If time runs out before you can file, you will likely lose your right to litigate against the negligent person responsible for your brain injury.

It’s vital to understand that you could end up with less compensation than is necessary to cover your losses if your actions contributed to your injury in any way. Pure comparative negligence reduces an accident victim’s financial recovery by the percentage of fault they share for the accident. If the jury determines you were partially responsible for your injury, they could diminish your losses.

For example, if you suffered $100,000 in losses but were 20 percent at fault, the jury could award you no more than $80,000. You would be able to receive a total of $100,000 in compensation if the defendant were 100 percent to blame for the accident. Even if you were 99 percent responsible for your injury, you could still receive monetary compensation for one percent of your losses.

Riverside Accident Statistics

In 2019, there were 61,000 fatalities due to traumatic brain injury in the United States. Many head injuries occur in workplace accidents. In California, 9,270 nonfatal injuries of the head were reported in the private industry in 2019.

Brain injuries are also common in motor vehicle accidents. Severe TBI can lead to death under certain circumstances. In 2019, 3,606 traffic fatalities occurred in California. A total of 34 fatalities resulted from traffic accidents the same year in Riverside.

A fall can lead to severe brain injuries, especially when it happens from heights. There are more than eight million emergency room visits due to falls every year. This represents 21.3 percent of all causes of ER visits. Older adults are vulnerable to fatal brain injuries from falls. In 2018, fall-related fatalities occurred at a rate of 28 to 53 per 100,000 older adults in California.

Why Do I Need a Lawyer? Why Choose OnderLaw ?

When you suffer a brain injury, it can be a life-altering experience. The damage can disrupt cognitive and physical function, preventing you from going about your regular routine. You should hire OnderLaw immediately after the accident so we can start working on your case.

Riverside brain injury lawyers have the experience and resources most people don’t have to handle accident investigations and gather critical evidence. You’re likely to receive more money when you hire a lawyer. If you try to control the process alone, you could face challenges you cannot overcome and lose your case.

Speak with a Dedicated Riverside Brain Injury Lawyer

OnderLaw has been providing quality legal services to accident victims since 2002. We take every case seriously and offer the same level of care and attention to every client. Whether the matter is simple or complex, our legal team will tirelessly work to meet your needs and reach the best possible result.

We take cases on a contingency fee basis, so you’re not faced with additional expenses. There are no upfront fees or costs when you hire us. We won’t expect payment of our legal fees unless we secure compensation for you. Basically, we don’t get paid unless you get paid.

If someone’s negligence caused your brain injury in an accident or another dangerous scenario, call OnderLaw to discuss your case. Our Riverside brain injury lawyers are ready to be your advocate during this challenging time in your life and help you move forward with the compensation you deserve. Call for a free consultation.