Manhattan Beach Brain Injury Lawyer

Manhattan Beach Brain Injury Attorney

When someone suffers a brain injury, it can leave an impact on their life and the lives of their loved ones for years to come. If the brain injury was the result of someone’s negligent behavior, speaking to a Manhattan Beach brain injury lawyer can help shed light on how to file a personal injury claim and recompense the damages lost.

McLachlan Law, APC, offers a full range of personal injury legal services, including claim filing and additional civil actions. We have over 25 years of experience helping clients receive compensation and justice for their injuries, and a large portion of those clients have experienced brain injuries. We are deeply rooted in the Manhattan Beach community and provide trustworthy, dependable legal services that garner successful results.

How Brain Injuries Occur

Brain injuries can result from a number of types of accidents. Some of the most common causes are slip and fall accidents, which account for 35% of traumatic brain injuries, also called TBIs. Other causes include car accidents, which account for 17% of TBIs; sports injuries, which account for 17% of TBIs; workplace accidents; assault cases; boating accidents; motorcycle accidents; and a number of other incidents.

In many of these cases, accidents are avoidable. When a brain injury occurs due to the negligence of another party, the injured individual may be able to receive compensation for damages caused by the incident.

What Type of Damages Are Recoverable in a Brain Injury Claim?

California allows for both economic and non-economic damages to be recovered in brain injury claims. Economic damages include expenses such as medical bills, the cost of treatment and rehab, rehabilitation equipment, and other medical-related expenses.

Other economic losses that can be recovered in a personal injury claim in Manhattan Beach include lost wages suffered while the victim was recovering or unable to work due to their injury. When the victim is unable to work as they did before, damages can be recovered for loss of earning capacity. This is common in brain injury claim cases when the victim’s injury is permanently disabling.

Non-economic damages include compensation for such things as pain and suffering, including physical pain and mental anguish, as well as a loss of enjoyment of life and emotional distress. Non-economic damages also may include a monetary value for loss of consortium, which is a loss of relationships with family and friends.

Punitive damages are also sometimes part of a personal injury settlement. They are awarded when the court feels that the responsible party must be punished by paying additional money to the victim for their irresponsibility and negligent behavior. The main purpose of punitive damages is to deter the defendant from acting in the same negligent manner again.

Symptoms of a Brain Injury

When someone suffers a brain injury, they may not even realize it or notice symptoms at first. This is why it is so important for victims to get checked by a medical professional following any serious injury, even if they don’t feel pain. Even a brain hemorrhage can go just as unnoticed as a mild concussion.

Symptoms of a brain injury include:

• Confusion
• Dizziness
• Disorientation
• Headache
• Eye pain
• Loss of memory
• Loss of vision
• Loss of hearing
• Drowsiness
• Nausea
• Vomiting
• Difficulty sleeping
• Anxiety
• Depression
• Anger
• Irritability

Many other emotional, behavioral, or physical changes are also possible.

Diagnosis of a Brain Injury

It is important to have any of the above symptoms checked out immediately by a doctor. Whether you go to an office like UCLA Health Manhattan Beach Primary Care or a hospital like Memorial Hospital of Gardena, be sure to get a copy of your medical records.

The severity of a brain injury is typically measured using the Glasgow Coma Scale, which measures the brain’s abilities, such as speaking, motor skills, eye movement, and other functions. CT scans and MRI tests are also used to evaluate trauma to the brain. Swelling of the brain may be measured by intracranial pressure monitoring, or ICP.

Getting an accurate and preliminary diagnosis is key in personal injury claims involving a brain injury. More importantly, getting proper medical treatment can be crucial to the recovery and well-being of the victim. If a traumatic brain injury, also referred to as a TBI, is detected, treatment is crucial to healing and long-term recovery. The Centers for Disease Control and Prevention estimated that in 2010, there were 2.5 million TBIs treated in hospitals.

FAQs About Manhattan Beach, CA Brain Injury Laws

Q: What Are Special Damages in a Personal Injury Case?

A: Special damages in a personal injury case are specific monetary losses, which are also called economic damages. They are tangible losses that can be quantified through receipts and other verifiable documentation. General damages, also known as non-economic damages, are not so easily calculated and accounted for.

Q: What Is Not Included in Compensatory Damages?

A: Compensatory damages include economic and non-economic damages, but do not include punitive damages, also referred to as special and general losses, respectively. Successful California personal injury claimants are entitled to both compensatory damages and punitive damages, but punitive damages are awarded only at the court’s discretion when there is a need to punish the defendant.

Q: How Much Compensation Do You Get for a Brain Injury?

A: The amount of compensation you can get from a brain injury depends on the details of the case, the origin of the accident, and other determining factors. For instance, a more severe brain injury that lowers the victim’s earning capacity would ultimately result in a larger settlement than a brain injury that heals more quickly.

Q: How Hard Is It to Win a Personal Injury Claim?

A: The difficulty of a personal injury claim may vary. It must be solid enough to meet the requirements of a valid case, including an existing duty of care, a breach of that duty, an injury as a result of that breach, and damages incurred as a result of the injury. If all of these are present, it may be an easy case to win. Having a personal injury attorney represent you can make the case even easier.

Contact McLachlan Law, APC

A brain injury can have serious consequences for victims who incur damages and losses as a result of their injury. If you have suffered a brain injury as a result of another person’s negligence, you may be entitled to compensation for your injury. Contact McLachlan Law, APC, and speak to a trusted Manhattan Beach brain injury lawyer about your case.