Did someone else’s careless or negligent actions result in a brain injury requiring medical treatment? Do you want to seek legal action against them but don’t know how? If so, contact the San Diego personal injury lawyers of OnderLaw, LLC, and we can begin working on your case immediately.
Brain injuries can range in severity from minimal to devastating. Some cause only minor symptoms and heal without medical intervention. Others are more serious and require significant treatment to recover. Many can lead to permanent damage, preventing a person from functioning normally in their everyday life.
At OnderLaw, LLC, our team of San Diego brain injury lawyers knows the unfortunate effects of a violent blow to the head. A brain injury can result in dizziness, difficulty with speech, headaches, and other debilitating symptoms. You might not be able to work or care for your family. You shouldn’t be forced to pay the expenses of treating your injury when someone else was at fault for the incident.
For a free consultation to learn more about our legal services, call us at (314) 963-9000 today.
What Is A Brain Injury?
Brain injuries are the result of circumstances causing damage to brain cells. They can result from either:
- Traumatic brain injury – An external force causing skull damage or the brain to move around inside a person’s skull.
- Acquired brain injury – Internal factors interfering with the brain’s normal functioning.
Neither type of brain injury is degenerative. It’s something that happens after birth.
Various types of traumatic brain injuries exist. They include:
Primary Injury – Injuries occurring during an accident or traumatic incident:
- Intracranial hematoma – The result of a blood vessel bursting, causing blood to collect in the brain tissue or empty spaces.
- Skull fractures – A disruption to the skull, resulting in bleeding, pressure, or leaking spinal fluid.
- Contusions – The bruising of brain tissue. Motor vehicle accidents typically cause this type of brain injury due to the head jolting forward and backward quickly.
- Diffuse axonal injury – Violent stopping or rotational forces leads to the tearing or twisting of connected brain cells.
Secondary Injury – Physiological or metabolic changes, starting at the time of the injury but lasting for hours or days. Examples include:
- Hypoxia and hypotension
- Cerebral edema
Common Symptoms of A Brain Injury
A range of symptoms could indicate a brain injury. You should pay attention to any changes to your physical functioning, cognitive abilities, and mood. If you notice anything out of the ordinary, it’s crucial that you seek immediate medical treatment. Some brain injuries could become fatal if left untreated.
The most common symptoms associated with a brain injury are:
- Sleeping less or more than usual
- Trouble thinking
- Lack of energy
- Blurry vision
- Sensitivity to light or noise
- Issues with balance
- Difficulty concentrating
- Nausea or vomiting
- Feeling emotional
Brain injuries could result in permanent mental or physical disabilities. If you don’t seek medical care from a qualified doctor, your brain functioning might never return to normal. You might not be able to maintain employment or care for yourself. The expenses related to a permanent injury can cause significant stress in your life and lead to debt. The person responsible for causing your injury should be the one to pay, so you’re not forced to spend your money on medical bills and associated costs.
Common Causes of Brain Injuries
Anyone could suffer a brain injury in an accident. Whether you’re working a dangerous job or driving to the grocery store, a jolt to your brain or a violent blow to your head could lead to a severe injury or even death. Sometimes symptoms begin immediately. Other times, they might not become apparent until days or weeks later.
The most common causes of brain injuries include:
- Occupational hazards
- Slip/trip and fall
- Dangerous drugs
- Medical malpractice
- Motor vehicle accidents
- Falling objects
- Defective products
- Nursing home abuse
If someone else was at fault for your brain injury in any of these scenarios or for another reason, you should reach out to OnderLaw, LLC for a free consultation. We can investigate the cause of the incident and determine who should be held accountable for their misconduct.
Compensation You Might Be Entitled To Following A Brain Injury In San Diego
You could recover significant compensation to cover the losses you suffered after sustaining a brain injury. Even if there was only minor damage, you could still pursue an insurance settlement to compensate for the medical bills and other expenses necessary to heal.
The facts of your case will determine the legal options for seeking a monetary award from the at-fault party. For example, if another driver injured you in a car accident, you might be entitled to a settlement from their auto insurance company. In cases of medical malpractice, you could sue the medical facility or your doctor.
The losses available in California personal injury case include:
- Medical expenses
- Damage to personal property
- Lost wages and earning capacity
- Physical impairment or disfigurement
- Pain and suffering
- Emotional distress
- Out of pocket costs
- Loss of enjoyment of life
The San Diego brain injury lawyers of OnderLaw, LLC know how to maximize the value of a client’s case. We will review your past and future losses to determine the adequate amount of compensation you need to cover everything. We can file an insurance claim or lawsuit and aggressively pursue the maximum monetary award available. Don’t allow the burden of a legal case to hold you back from enjoying your life. Let us take on the responsibility so you can focus on recovering.
Filing A Wrongful Death Claim
If another person’s actions caused your loved one’s death, you might be able to file a wrongful death lawsuit against them. California law defines wrongful death as the neglect or wrongful act of one party resulting in another’s death. If you’re a surviving relative, you could initiate a civil action for compensation of the losses suffered from the fatal incident.
Specific people are entitled to bring a lawsuit:
- Surviving spouse
- Surviving domestic partner
- Surviving children
- An individual entitled to the deceased’s property through intestate succession if there isn’t a surviving spouse, domestic partner, or child
Additional family members could file a wrongful death case if they’re able to show they were financially dependent on the victim, such as:
- Putative spouse and their children
The available losses should compensate the deceased’s estate and surviving relatives. They could include:
- The value of lost household services
- Funeral and burial costs
- Loss of future financial support
- Medical bills related to the fatal injury
- Loss of community, affection, moral support, love, attention, and guidance
- Lost wages, including what the deceased would have earned if they lived an average lifetime
There’s a strict timeframe to follow if you want to sue the at-fault party after your loved one’s death. The statute of limitations is two years, meaning you have two years from the date your relative died to file your lawsuit.
Why You Should Hire OnderLaw, LLC
A brain injury can upend your life and create ongoing stress. It causes physical pain and interferes with your normal routine. You have a right to hold the at-fault party liable for the harm they caused, and OnderLaw, LLC is ready to help. Pursuing a personal injury case alone could result in a denied insurance claim or dismissed lawsuit. If you’re unfamiliar with state laws and the procedures you must follow, you could end up with much less compensation than you deserve.
The San Diego brain injury lawyers of OnderLaw, LLC know the strict deadlines associated with cases like yours and the best legal strategies for reaching a positive outcome. When you hire us, we will take over every step from start to finish of the legal process. We can begin by investigating the incident resulting in your brain injury and determine who was at fault. We can request a copy of their liability insurance policy to file a claim or initiate a lawsuit in the civil court system.
We can also obtain evidence proving how your injury occurred and who was responsible, such as:
- Lost wages reports from time spent away from your job
- Copies of your medical records, bills, and other documents
- Video surveillance of the event
- Eyewitness statements
- Photos from the accident scene
- Police/incident reports
- All available insurance policies
The stress you’re experiencing could cloud your judgment. It’s an extreme burden handling a personal injury case while also attending doctor’s appointments. You shouldn’t have to face additional responsibilities following an accident. That’s where OnderLaw, LLC is happy to step in. You can depend on us to put our skills to excellent use as we’re attempting to reach favorable results.
The San Diego brain injury lawyers of OnderLaw, LLC pursue justice for the horrific trauma you were forced to endure. Someone else caused your brain injury and should face the consequences of their actions. Our legal team is ready to provide the support you need during this challenging time and get your life back on track.
If a negligent party caused your brain injury or loved one’s death, call OnderLaw, LLC right now at (314) 963-9000 for your free consultation.