The brain is the most sensitive and complex organ in the human body. Even a seemingly minor brain injury can have catastrophic consequences. It is not unheard of for people suffering from brain injuries to experience extreme mood changes, lose the ability to walk, talk, or feed themselves, or otherwise be unable to live their lives as they did before the accident. These types of damages are not only difficult to live with but can be incredibly expensive.
Text Kevin Accident Attorneys does not believe you should be stuck covering these costs if someone else is responsible for causing the accident. You need the trial experience of a reputable brain injury lawyer to help you get through these difficult times. Our firm can use our considerable resources to build a powerful case against the individual or entity who caused your brain injuries. Let us help you make them pay. Contact a personal injury lawyer at our firm for a free consultation today to fight for the fair compensation you deserve.
Can You Sue for a Brain Injury?
You have the right to sue for a brain injury if someone else’s negligence was the primary cause of the injuries you sustained. However, liability may not always be obvious immediately after the accident. It may even be the furthest thing from your mind while you are receiving the immediate medical attention and care you need. Some of the most common types of accidents causing catastrophic injuries to our clients include:
- Bicycle accidents
- Car accidents
- Construction accidents
- Medical malpractice
- Slip-and-fall accidents
- Dog bites and animal attacks
- Uber accidents
- Motorcycle accidents
- Commercial truck accidents
- Nursing home abuse
- Work-related accidents
- Premises liabilities
- Lyft accidents
- Rideshare accidents
- Drunk driving accidents
These are only a few examples of accidents that have the potential to cause brain trauma. If you have been involved in another type of accident resulting in a brain injury diagnosis, a highly experienced brain injury lawyer in Garden Grove from Text Kevin Accident Attorneys may be able to help you bring the liable party to justice. When we review the specific circumstances of your case, we will have a better idea of how the accident occurred, who is at fault, and how to get the most out of your claim.
What Not To Do After a Brain Injury?
After suffering a brain injury, you should be getting plenty of rest and sleep. Your body needs time to heal from the trauma of your accident. You should avoid:
- Going back to work too soon
- Activities that require concentration
- Taking care of the kids
- Cleaning your house
- Working out
Types of Brain Injuries You Could Sue for
Brain injuries can take many forms, according to the National Institute of Neurological Disorders and Stroke. Some of the most common types of head injuries our clients have reported over the years include:
- Brain aneurysms
- Brain hemorrhages
- Brain tumors
- Brain bruising
- Carbon monoxide poisoning
- Cerebral hypoxia
- Concussions
- Diffuse axonal injuries
- Edema
- Encephalitis
- Hematoma
- Hydrocephalus
- Intracranial hematomas
- Meningitis
- Penetrating trauma
- Second-impact syndrome
- Skull fractures
- Strokes
- Traumatic brain injuries (TBI)
How Much Can You Claim for a Head Injury?
You can claim the total value of your damages for a head injury. This does not only include the value of your financial or economic damages but also your intangible losses, or non-economic damages, as well. Examples of potentially recoverable damages brain injury victims like you may be entitled to include:
- Loss of household services
- Medical expenses and future healthcare costs
- Disfigurement and skin scarring
- Loss of income, wages, tips, or salary
- Loss of benefits provided by your employer
- Medical home accommodations
- Loss of enjoyment of life
- Reduced earning capacity
- Pain and suffering
- Permanent disability
- Feelings of shame, indignity, embarrassment, or shock
- Inconvenience
- Loss of love, companionship, support, or an intimate relationship with your spouse
- Emotional trauma and distress
What Is the Average Settlement for a Traumatic Brain Injury?
The average brain injury settlement will vary widely depending on the extent of your damages, how your accident occurred, the availability of evidence, and the defendant’s insurance limitations. Even mild brain injuries can be worth millions of dollars in compensation. With severe or permanent traumatic brain injuries, damages can be worth even more.
Pro Tip
There is no one-size-fits-all approach to brain injury settlements. To find out how much you could be awarded, contact Text Kevin Accident Attorneys for a comprehensive analysis of your economic and non-economic damages.
Garden Grove Brain Injury FAQs
Yes, your brain injury lawsuit in Garden Grove must be filed before the California personal injury statute of limitations expires. According to California Code of Civil Procedure § 335.1, this deadline will usually pass exactly two years after the accident. Limited situations can allow the statute of limitations to temporarily pause before resuming. This might occur if you have a child who suffered a traumatic brain injury or if your traumatic brain injury was diagnosed sometime after the accident date.
If your brain injury lawsuit is not filed before time runs out, you may find it more challenging or impossible to recover the compensation you would otherwise have been entitled to. Even a compassionate judge will have no other choice but to refuse to hear your case in court if the statute of limitations has expired. If you are unsure how much longer you will have to file suit, do not hesitate to contact your legal advocate with Text Kevin Accident Attorneys to get the answers you need when you need them most.
It is more common than you might think for traumatic brain injuries to be permanently disabling. Fortunately, you are not without the support you will need to get through these trying times. With our firm advocating for you, you can not only learn to live your life as normally as possible despite your permanent disability, but you can also fight to bring the guilty to justice.
Your permanent disability will likely alter the course of your life forever. The person or persons who caused your injuries should be compelled to compensate you for the total value of your damages. You can reasonably expect your losses to be worth significantly more when your brain injury is permanently disabling, whether you file a claim with the insurance company or bring your case forward at trial.
We never encourage our clients to accept settlement offers from the insurance company unless we have reviewed them first and found them to sufficiently meet their needs. It would be highly unusual for an insurance company to make a settlement offer that truly covers the total value of a brain injury victim’s losses. Insurance companies lose money settling claims and often go to great lengths to avoid financial accountability.
You may have been encouraged when you received a settlement offer from the insurance company, but it may shock you to learn that your losses are worth considerably more. This is especially true if you received the settlement offer quickly, as the insurance company likely sees the actual value of your claim and is hoping to tempt you with cash to avoid compensating you fairly.
If you have received a settlement offer from the insurance company, have your legal advocate take a closer look before you decide whether you should accept the offer or renegotiate settlement terms.
There are two types of brain injury classifications. These are known as primary injuries and secondary injuries per the National Library of Medicine National Center for Biotechnology Information. Primary injuries are caused by an outside force and occur at the moment of impact. If you receive immediate medical attention, your healthcare provider should be able to diagnose primary brain injuries during their evaluation. Secondary brain injuries do not occur at the time of the accident but are still induced after a traumatic event.
For example, if you were involved in a motor vehicle accident where your head slammed against the windshield upon impact, you might immediately experience a concussion or more serious brain injury. This would be considered a primary brain injury. However, if you were involved in a car accident and did not initially present symptoms of a traumatic brain injury but were diagnosed with brain trauma several days later when your symptoms worsened, this would be considered a secondary brain injury.
Living in a fault insurance state means the liable party’s insurance company will be responsible for covering a portion of your expenses after a brain injury in accordance with California Insurance Code – INS § 11580.1. Most at-fault parties will have some type of insurance coverage in place. This might include auto insurance, workers’ compensation insurance, or general liability insurance, depending on how the accident occurred. We may initiate the brain injury claims process by filing a claim against the at-fault party’s insurance policy.
Your settlement may not be enough to cover the actual value of your damages. This is because the insurance company is not required to compensate you for every loss, just the ones covered by the liable party’s insurance policy. This means you may only be able to receive compensation for property damages and medical bills in many cases. Fortunately, insurance claims are not the only way you can demand the compensation you deserve.
The exact amount of time it takes to settle your brain injury case will vary depending on a number of factors, including how the accident occurred, whether there is sufficient evidence to support your case, the at-fault party’s insurance coverage, and more. In the best-case scenario, your brain injury lawsuit settles in a matter of months, however, it is not unusual for brain injury claims to take several years to settle.
A contingency agreement allows you to hire a lawyer without paying for our services upfront. In fact, we will only get paid if we are successful in recovering compensation for your damages. You only pay if we win your case. A percentage of your award will go towards our attorney’s fees if we win. This amount generally ranges anywhere from 20% to 40% per Rule 1.5 Fees for Legal Services by the State Bar of California.
When someone you love has suffered a traumatic brain injury, you should offer the support they need during this difficult time in their life. Never minimize their symptoms or trauma, and be there to help them cope emotionally. Here are some things you should avoid saying to someone who has suffered a head injury:
- “You are taking too many medications.”
- “Stop being so grumpy.”
- “I don’t know, you seem fine to me.”
- “You have no idea how much I do for you.”
- “You are just being lazy, try harder.”
- “How many times do I need to explain this to you?”
Trust in Garden Grove’s Top-Rated Brain Injury Law Firm
While you go through physical and occupational therapy, continue working with your mental health counselor, and learn how to live your life with the permanent consequences of your brain injuries, your legal advocate can work tirelessly to collect compelling evidence, ensure we have accurately calculated the value of your claim, negotiate with the insurance company on your behalf, and prepare to fight for your right to total compensation at trial.
During this devastating time in your life, you should not have to worry about the legalities of your claim. You should be able to rely on your dedicated Garden Grove brain injury attorney from Text Kevin Accident Attorneys to guide you through these difficult times.
Our team is standing by, ready to help you demand justice. Text Kevin Accident Attorneys offers free, no-obligation consultations to brain injury victims throughout Garden Grove and surrounding neighborhoods. When you are ready to claim yours, do not hesitate. Fill out our secured contact form or call us to get started as soon as today.
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