The human brain is extraordinarily complex, and modern science has yet to answer many of the questions that remain concerning how the brain functions and the full spectrum of its capabilities. However, the brain is also susceptible to physical injury. Whenever a person suffers any type of brain injury, the effects are unpredictable and usually multifaceted. Brain injuries affect different people in different ways. Two people who suffer seemingly identical brain injuries will likely have very different experiences in terms of recovery and long-term complications. Any brain injury, even one that seems relatively mild at first, can cause long-term or permanent damage to the victim.
Any brain injury has the potential to cause life-changing effects. If another party recently caused a brain injury to you or a loved one, you need to know your options for legal recourse so you can hold them responsible for the damages they caused. Some brain injuries can cause long-lasting symptoms, and others result in permanent disabilities and cognitive impairment. The attorneys at McLachlan Law, APC, can provide the legal counsel you need if you must file a civil claim in response to your recent brain injury.
Why Should I Hire a Brain Injury Lawyer?
Brain injury cases are some of the most complex personal injury cases filed in the California civil court system. Attempting to handle any brain injury claim without an attorney immediately puts you and your family at a significant disadvantage when it comes to securing compensation for your losses. A brain injury victim will likely be unable to represent their own interests in civil court proceedings and need a loved one to act on their behalf. Even if you believe your family’s brain injury claim is straightforward, it is always best to have an experienced Torrance traumatic brain injury attorney on your side.
If you attempt to file and manage your civil claim alone, you could make procedural errors with your court paperwork and have your case thrown out before it is ever really heard. It’s also possible to mistakenly settle for much less than you legally deserve. An experienced Torrance brain injury attorney will ensure you explore every available avenue of compensation in your claim, but the average person with no legal experience may overlook some of these channels and lose their ability to secure a complete recovery. Once you accept a settlement, the other party is released from future liability for the claim, so you need to ensure your settlement is enough to fully cover the entire scope of your damages.
Hiring an experienced Torrance brain injury attorney as soon as possible after a brain injury is the best way to ensure an acceptable recovery for your damages. Your legal team can handle the procedural requirements of your civil claim while you and your family focus on your recovery.
Can You Fully Recover From a TBI?
One of the most challenging aspects of brain injuries is their unpredictability. When a person suffers any brain injury, it can be challenging to ascertain the full scope of the injury’s effects for quite a long time after the injury occurs. Some people suffer seemingly mild brain injuries but require extensive recovery time and develop long-term complications. Others suffer seemingly severe brain injuries and appear to make miraculous full recoveries sooner than their doctors expect. Ultimately, it is tough to anticipate a brain injury victim’s recovery and the long-term medical conditions they may develop from their injury. Yes, it is possible to fully recover from a brain injury, but it is equally as likely for a brain injury to cause permanent damage.
One of the most important reasons for hiring a Torrance brain injury attorney after experiencing a brain injury is to ensure the victim receives adequate compensation for their immediate and anticipated future medical costs following their injury. In addition, there are many types of brain injuries, some of which will require more extensive treatment and rehabilitation than others. Therefore, if you want to maximize your family’s financial recovery after a brain injury, it is essential to hire an experienced lawyer to represent your claim.
Common Types of Traumatic Brain Injuries (TBI)
If you or your loved one suffered a brain injury due to the actions of another party, you might be able to file a personal injury claim against them to recover your losses. Some of the most common types of brain injuries that lead to civil claims include:
- Concussions. These injuries occur when an impact causes the brain to shift violently and strike the inside surface of the skull. These injuries are common in contact sports like football and hockey, and they may also result from car accidents, workplace accidents, slip and fall incidents, and interpersonal violence. Some concussions will heal completely within a few weeks, while severe concussions can cause permanent disabilities. In addition, any concussion, even a mild one, will leave the victim more susceptible to future concussions.
- Oxygen deprivation. When the brain’s oxygen supply is interrupted, the brain will quickly experience shock and adverse reactions. Even a momentary interruption in oxygen flow to the brain can cause devastating effects, including permanent disabilities like language processing problems, sensory disruption, memory loss, and cognitive impairment.
- Penetrating head wounds. Whenever an object collides with the skull and penetrates the brain, the victim needs emergency medical treatment immediately. Any penetrating head wound has a high likelihood of fatality, and if the victim survives, they are likely to sustain some level of permanent damage.
These are just a few examples of traumatic brain injuries that can prompt legal action when they occur due to the negligence of other parties. You or your loved one could suffer a brain injury from a car accident, sports-related accident, a mishap at work, or many other possible causes. If you believe another party bears liability for your accident, it is essential to know your rights regarding recovering compensation for your losses.
Proving Fault for Brain Injuries
A brain injury can easily lead to substantial financial issues for the victim and their family. The immediate effects typically include medical expenses, and it may take quite a while before the victim and their family can assess the full scope of the medical expenses the brain injury in question will entail. Some victims may require lifelong medical care for the disabilities and adverse conditions they develop from their brain injuries. Additionally, the victim may be unable to work and support their family. This economic strain will make it hard for the family to pay regular bills and manage household expenses. If your brain injury occurred due to another party’s negligence, holding them accountable is the best method of ensuring the complete recovery possible after a brain injury.
Suppose another party bears responsibility for the brain injury in question. In that case, you and your Torrance brain injury lawyer must prove they owed you a duty of care in the situation in question and breached that duty of care in some way. For example, if you suffered a brain injury because of a drunk driver, you would need to positively identify the driver and prove that their negligence caused the accident. Next, your attorney will help you assess the full scope of your claimable damages and prove they were the result of the defendant’s negligence and not some other cause.
Proving the full extent of your brain injury may require input from expert witnesses. An experienced Torrance brain injury attorney will be able to coordinate expert witness testimony on your behalf to prove the full extent of your injury or the full scope of your damages. For example, you may need a medical expert to explain your condition to the court. This will make it easy for the court to understand the long-term effects your brain injury is likely to have. In addition, engineers, accident reconstruction experts, and other professionals may come into play to help explain exactly how your accident occurred and how the defendant’s negligent actions caused it.
Damages and Compensation for a Brain Injury Claim
If you or your loved one suffered a brain injury, the actual damages resulting from this situation are likely to be substantial. California state law allows a personal injury plaintiff to recover multiple types of compensation, including:
- Medical expenses. You have the right to claim compensation for all medical expenses you incurred from your brain injury, both immediate and future. This includes hospital bills and ambulance fees as well as prescription costs, physical therapy, and any long-term treatment your condition requires. Many brain injuries will require extensive long-term care, and some victims will develop disabilities that will necessitate further treatment or even permanent in-home medical care and supervision.
- Lost income. Your injury may leave you unable to work while you recover, and severe brain injuries can leave victims completely unable to work in the future. You can claim your lost wages in your personal injury claim. If you cannot return to work at all, your attorney can consult a financial expert to calculate your lost future earning potential and include this in your claim as well.
- Property damage. Suppose your brain injury resulted from an incident that also caused damage to your personal property, such as your vehicle in a car accident. In that case, you can claim repair and replacement costs in your lawsuit.
- Pain and suffering. California law allows personal injury plaintiffs to claim compensation for non-economic damages like physical pain, emotional suffering, and psychological trauma resulting from the negligence of the defendants in their claims. If your brain injury caused permanent disability and impaired your quality of life or ability to live independently, your attorney can likely secure substantial non-economic damages for these losses. A plaintiff who develops any permanent disability from a brain injury is likely to receive a significant amount of pain and suffering compensation.
Some brain injury cases may involve egregious negligence, intentional harm, or other actions that fall outside the scope of typical negligence. Judges in civil court may award punitive damages at their discretion to punish a defendant’s behavior. In addition, if a defendant faces criminal prosecution for the actions that caused the victim’s brain injury, they may be compelled to pay restitution to the victim. Ultimately, brain injuries are some of the worst injuries anyone can suffer, so the compensation available in most brain injury claims is often much greater than the plaintiff initially expects.
What to Expect From McLachlan Law, APC Torrance Personal Injury Lawyers
If you or a loved one has suffered a brain injury that you believe was preventable and foreseeable, but the party responsible for causing it failed to exercise reasonable care in the situation in question, you have the right to file a personal injury claim to recover your damages. Even the most seemingly straightforward personal injury claims can involve very complex factors and variables, so it is vital to understand the value of reliable legal representation in this situation.
The attorneys at McLachlan Law, APC, have years of experience helping Torrance, CA, clients navigate all types of personal injury claims, including those pertaining to traumatic brain injuries. We understand the frustration and uncertainty that often follow these incidents and want to do everything we can to help your family recover and navigate the civil claims process confidently.
When you choose McLachlan Law, APC, to represent you in your civil claim, we will thoroughly examine the details of your claim and help you determine the full scope of your claimable damages. Our goal is to guide you to a swift and satisfactory settlement, if possible, but if settlement does not guarantee a complete recovery from your losses, we are not afraid of engaging the defense counsel in the litigation process. Our firm can also consult with expert witnesses if necessary to support your claim and help you maximize your recovery.
If you or your loved one are struggling from the aftermath of a brain injury and you believe someone else bears responsibility for the injury, it’s vital to take legal action as soon as possible for the best chance of recovery. If you’re ready to speak with an experienced and compassionate Torrance brain injury lawyer about your situation, contact McLachlan Law, APC, today and schedule a consultation with our team.