Santa Monica Brain Injury Lawyer
Every day, thousands of personal injuries occur throughout Santa Monica. While some victims of these incidents recover fully with time and appropriate treatment, others are not so fortunate. Some personal injuries result in long-term medical complications and/or permanent disabilities, forever diminishing victims’ quality of life and ability to live and work independently. A traumatic brain injury is a prime example of this type of catastrophic injury, and it is crucial to know what to do if you or a loved one experiences this injury due to the actions of another party.
Experienced Legal Counsel for Santa Monica, CA, Brain Injury Cases
Any traumatic brain injury has a high chance of causing serious complications for the victim. Even if they seem to make a complete recovery, a brain injury will invariably leave them more susceptible to similar injuries in the future, and it is possible for side effects and complications to appear much later after their initial recovery period. McLachlan Law, APC, has extensive professional experience handling difficult personal injury claims for Santa Monica clients, and we can leverage this experience on your behalf if you know another party is to blame for a traumatic brain injury.
Benefits of Hiring Legal Counsel You Can Trust for a Brain Injury Claim
The right attorney is a tremendous asset in any personal injury case, especially one that involves a serious traumatic brain injury. If you were injured, you may be physically unable to manage your legal affairs in any capacity and will need trustworthy legal counsel to ensure appropriate recovery. Likewise, if your loved one was hurt and you must pursue legal recourse on their behalf, it will be much easier for you to manage your responsibilities to the victim and your other obligations when you have trustworthy legal counsel handling your civil claim proceedings.
The right attorney can not only increase your chances of holding the at-fault party accountable for the damage they have done but also maximize the results of the recovery efforts you pursue. Depending on how the brain injury in question occurred, the victim and their family may have multiple options for seeking compensation. A Santa Monica brain injury attorney is the best asset to have in this situation.
Instead of attempting to handle medical needs, family obligations, a job, and other affairs on your own while navigating your civil claim proceedings, you have an attorney manage your case so you can focus on recovery in peace. McLachlan Law, APC, leverages our vast professional legal experience on behalf of every client we represent. So, whether your recovery entails an insurance claim process, a civil claim, or both, we can help you reach the best possible results.
Proving Liability for a Brain Injury in California
If another party caused a brain injury to you or a loved one, the first step in your recovery would be to identify them and prove they directly caused the injury in question. State law requires the plaintiff of a personal injury claim to identify the defendant who caused their injury, prove the full extent of the damages the defendant caused them to suffer, and provide clear evidence showing the plaintiff’s claimed damages solely resulted from the defendant’s actions. It’s possible for a traumatic brain injury to occur from an act of negligence, such as:
- Distracted driving, the most commonly reported cause of vehicle accidents throughout the country. If an inattentive driver hits another driver and causes a brain injury, the victim and their family must prepare for a difficult auto insurance claim process before filing a personal injury claim.
- Premises liability. If you or your loved one sustained a brain injury on someone else’s property due to their failure to address a foreseeable safety issue, you could file a civil claim against them to seek compensation for your damages.
- Bicycle accidents. Riding a bicycle is inherently risky in any urban area. When a vehicle driver hits a bicyclist, they can easily cause a devastating brain injury, even if the victim was wearing an appropriately fitted helmet.
- Dog attacks. When most people think of dog attacks, they immediately think of bite-related injuries. However, a large dog could push a victim to the ground during an attack, and if they hit their head, they could easily sustain a life-changing traumatic brain injury.
Proving fault for any personal injury may require various forms of physical evidence, eyewitness statements from those who saw the incident occur, and even testimony from expert witnesses.
Brain injuries most commonly occur from acts of negligence, but they may also happen from intentional misconduct. For example, drunk driving can cause a catastrophic accident that inflicts a brain injury on the victim. Interpersonal violence may also lead to serious brain injury. Whenever a defendant causes a serious personal injury in this manner, they are likely to face charges alongside the civil damages they owe the victim. If any such variables apply to your situation, it is crucial to speak with an experienced Santa Monica brain injury attorney as soon as possible to have the best chance of successfully securing the compensation you need to recover.
Claimable Damages in a Traumatic Brain Injury Case
The state’s personal injury statutes allow the plaintiff in any personal injury case to seek full repayment of all the economic losses the defendant inflicted on them and their family. Brain injuries are often difficult to treat, and many victims require not only extensive immediate care but also long-term treatment to manage the symptoms of their injuries. Additionally, they could be without the ability to work for a long time. When you have an experienced Santa Monica brain injury attorney representing your case, you can potentially recover:
- Medical costs, such as the cost of all the emergency care you required immediately following the accident in question, as well as the anticipated cost of all the ongoing treatments you will require. Your Santa Monica brain injury attorney can help you gather any records you will need to provide to prove the full scope of your claimable medical expenses.
- Lost wages. If you cannot work during your recovery, the liable party is responsible for any income you lose during this time. This could include lost wages you would have been able to earn from your employer or lost income from your own business if you cannot continue operations during your recovery.
- Lost future earning capacity. When a serious injury prevents you from working in the future, the responsible party is liable for your lost earning potential. An experienced Santa Monica brain injury attorney can help their client calculate future income they could have reasonably expected to earn if their accident had not happened.
- Damage to property. If the defendant damaged your home or vehicle with their actions, you could hold them accountable for these losses as well. Depending on the nature of the accident they caused, you may be able to file an insurance claim against them for some expedient compensation, but it’s best to have an experienced attorney help you with this for the best results.
Beyond these economic damages, the victim of a personal injury can seek pain and suffering compensation from the victim. Again, this may seem subjective, but an experienced Santa Monica brain injury attorney can help their client determine a suitable figure based on the scope and severity of the brain injury they sustained. For example, a plaintiff who is likely to make a complete recovery in a relatively short time will receive less pain and suffering compensation than a plaintiff facing lifelong disability.
Comparative Fault in California Personal Injury Claims
When you choose McLachlan Law, APC, to represent your brain injury case, we will leverage all available evidence we can to maximize the compensation you obtain. First, however, if you have any reason to suspect that you are partially to blame for the accident in question, it’s vital to understand how California’s pure comparative fault rule works.
Under this rule, a plaintiff may still recover compensation for their claimed damages if they are partially to blame for causing those damages. However, the judge handling the case will assign fault percentages to the defendant and the plaintiff. The plaintiff’s fault percentage is then deducted from their final case award. For example, if a plaintiff is 20% at fault, they lose 20% of the total compensation they obtain from the defendant. If you have any concerns about bearing comparative fault for any catastrophic injury, it is essential to work with a Santa Monica brain injury attorney you can trust.
Brain Injury Lawyers FAQs
Q: How Do You Prove Traumatic Brain Injury?
A: To succeed with any personal injury claim, the plaintiff must prove the defendant caused actual harm. Traumatic brain injury claims often require producing medical records like brain scans and various test results. Your physician can also provide a medical report that includes their prognosis for the future complications you are likely to experience from the injury. The exact type of proof you will need for your traumatic brain injury case will vary according to the unique details of the situation, and your Santa Monica brain injury attorney will guide you through this process.
Q: How Long Does It Take to Settle a Brain Injury Claim?
A: When a defendant’s liability is clear, a swift settlement benefits them as well as the plaintiff. When both parties are willing to compromise in settlement negotiations, this process may only take a few weeks to resolve. However, in the event you must resolve your case in court, this can take several months or even longer than a year. Ultimately, one of the best ways to expedite your recovery is to seek legal counsel you can trust as soon as possible after your initial recovery.
Q: How Much Compensation Can I Receive for Long-Term Brain Injury Complications?
A: It’s common for serious traumatic brain injuries to cause long-term or permanent harm to victims. If your case entails harm to this degree, state law allows you to hold the defendant responsible for the full range of economic losses they caused, both immediate and future, and they are also liable for the pain and suffering you experience until you reach maximum medical recovery. The legal team at McLachlan Law, APC, can help you uncover every available avenue of compensation to maximize your recovery.
Q: How Much Does It Cost to Hire a Santa Monica Brain Injury Attorney?
A: Most personal injury attorneys in California accept cases on a contingency fee basis. This means the client only pays the attorney a fee once they win their case, and the amount paid is a percentage of the final case award. The client pays nothing upfront and does not pay anything at all if their attorney fails to secure compensation on their behalf. When you choose McLachlan Law, APC, to represent your brain injury case, there is no financial risk to you, and our team can likely uncover channels of compensation you didn’t know were available to you, further enhancing the total recovery you secure.
Q: Is It Worth Filing a Personal Injury Claim for Brain Injuries?
A: A brain injury can be a life-changing experience in several ways, most of them negative, and if another party is responsible for this injury, there is no reason for you to shoulder the cost of their actions on your own. When you hire a Santa Monica brain injury attorney to represent you, you significantly improve your chances of maximizing the total compensation you obtain for your damages. It is always worth consulting experienced legal counsel if you are not sure of your options for legal recourse after any serious injury.
McLachlan Law, APC, has years of experience guiding clients in Santa Monica and surrounding communities of California through their personal injury cases. We know the stress and anxiety that any serious injury can cause the victim and their family, and our goal in every case we accept is maximum client recovery. If you know another party is to blame for a traumatic brain injury, we will help you hold them accountable for the damage they’ve done. Contact us today and schedule a consultation with a Santa Monica brain injury attorney.