Brain injuries are some of the worst injuries people can experience. If you or someone you love suffered a concussion, brain damage, or penetrating head wound due to the negligence or intentional actions of another party, a personal injury lawsuit can help you recover the economic losses resulting from the incident. A Redondo Beach brain injury attorney can help you assess your damages and hold the responsible party accountable for their negligence.
At McLachlan Law, APC, our team has handled many difficult brain injury cases in Redondo Beach over the years. We understand how devastating these injuries can be and the effects they can have on victims and their families. If you are feeling lost and confused after an incident resulting in a brain injury, consulting an experienced Redondo Beach brain injury lawyer is one of the best steps you can take toward understanding your situation more clearly.
Why Do I Need an Attorney for a Brain Injury Claim?
Many people with personal injury claims make the mistake of believing they can represent their own interests in court. This is often not the case as the civil court system can be confusing and demanding. Filing paperwork incorrectly or missing a filing deadline could leave your claim dead in the water before it ever really gets off the ground. A Redondo Beach personal injury attorney will handle your legal concerns on your behalf so you can focus on recovery instead of the court’s procedural demands.
Hiring an attorney is an investment in peace of mind and security for your brain injury claim. If you sustain a brain injury, your loved ones may need to take legal action on your behalf. If you are in a similar situation and a loved one has suffered a brain injury due to another party’s actions, it’s natural to have questions and to feel uncertain about your legal options. Your Redondo Beach brain injury lawyer will help you make sense of your claim, fully assess the damages available, and help you prove the defendant’s liability for your family’s losses.
Types of Brain Injuries
Any damage to the brain can have dire consequences, up to and including permanent brain damage, cognitive decline, and loss of basic motor functions and bodily control. Some of the most common causes of brain injury cases include:
- Concussion accidents. If one party causes a concussion to another party due to negligence, the at-fault party could face liability for the victim’s immediate and future medical needs. Concussions happen when a violent force causes the brain to suddenly strike the inside of the skull. Motor vehicle accidents, interpersonal violence, and contact sports are some of the leading causes of concussions in the United States.
- Intentional torts. Whenever a person willfully and knowingly harms another person, this is an intentional tort. If the victim suffers a head injury, the offender will face civil action in the form of a brain injury lawsuit in addition to criminal prosecution from the state. Depending on the nature of the incident, the defendant could face charges of attempted murder, assault, or other criminal felonies and prosecution from the state.
- Medical malpractice. If a physician or other medical professional causes a brain injury during the course of medical treatment, and it is revealed that the professional was negligent in discharging their duties, the victim and their loved ones may have grounds for a medical malpractice claim. For example, failing to monitor a patient’s oxygen and the patient suffering brain damage as a result of oxygen deprivation could be grounds for medical malpractice lawsuit for brain injury.
Ultimately, any time a party causes a brain injury to another party from negligence or willful misconduct, the party responsible could be liable for substantial damages. Brain injuries tend to cause lasting damage, sometimes interfering with the victim’s ability to earn a living, live independently, and enjoy their life. If your family faces such a case, a Redondo Beach brain injury attorney is your best asset if you hope to secure compensation for your losses.
Proving Fault and Securing Compensation for a Brain Injury
The first step in a brain injury lawsuit is for the plaintiff to name the defendant they believe to be responsible for their damages. A Redondo Beach brain injury attorney can help their client gather the evidence and documentation they will need to establish fault. Hopefully, the defendant will be willing to negotiate a settlement outside of court. This generally leads to compensation for the plaintiff much faster than litigation would allow.
A plaintiff in a brain injury case in California can claim compensation for current and future medical expenses, pain and suffering, lost income, lost earning potential, and any other losses resulting from the defendant’s actions. The plaintiff and their attorney will need to prove the brain injury in question occurred due to the negligent or intentionally dangerous actions of the defendant and not some other cause.
The plaintiff and their Redondo Beach brain injury lawyer must also prove the full extent of the plaintiff’s damages. This will require producing records of the plaintiff’s medical treatment as well as medical reports from their attending physicians. In the event a plaintiff has suffered permanent damage and is claiming long-term losses, their Redondo Beach brain injury attorney might consult with expert witnesses who can explain the plaintiff’s condition and the likelihood of future complications to the court. Testifying expert witnesses can be powerful assets in complex personal injury claims like brain injury lawsuits.
Seek Legal Counsel Immediately
Brain injuries are some of the worst personal injuries a person can experience. If you or a loved one sustained such an injury due to the actions of another, talk with our team. A Redondo Beach brain injury lawyer will help you build a case and maximize your recovery on your behalf. The team at McLachlan Law, APC is here to help when you need a Redondo Beach brain injury attorney. Contact our team today to learn more about how our firm can help you secure compensation for your damages.