Few types of accidents or injuries are as devastating as those involving the brain and head. The brain is the most sensitive organ in the human body, and even seemingly minor damage can prove to be catastrophic. You may find it impossible to complete daily living tasks on your own, continue working, or maintain relationships with your friends and family while you are recuperating and learning to live with the permanent consequences of your head trauma.
Fortunately, if someone else’s negligence contributed to the accident you were involved in, you may have the right to compensation for your damages and suffering. The good news is you do not need to go through the claims process alone. Let Text Kevin Accident Attorneys put our years of trial experience and legal representation to work for you and your family.
When you need a top-rated San Clemente brain injury lawyer you can rely on, look no further than our personal injury law firm. Contact our office to request a 100% free consultation today. When you do, you can explore your opportunities for legal recourse and find out how much compensation your damages are actually worth.
How Do I Know If I Have a Brain Injury After an Accident in San Clemente?
In the immediate aftermath of a serious accident, you may experience a wide variety of symptoms depending on the type of injury you sustained. Traumatic brain damage and head injuries are unique in that the internal injuries may be invisible, with a wide range of symptoms that could be easily mistaken for another type of injury.
For this reason, the only way to know whether you are dealing with a concussion or a traumatic brain injury is to obtain a thorough medical evaluation as soon as possible after the accident. Some of the symptoms you may experience if you have suffered a traumatic brain injury could include:
- Difficulty breathing
- Difficulty waking up from sleep
- Dilation of pupils
- Fluid leaking from the nose or ears
- Limb numbness
- Loss of consciousness
- Loss of vision
- Seizures
- Speech problems
- Uncontrollable bleeding
- Vomiting
Note
These are only a few potential signs that you may have a serious traumatic brain injury (TBI). There are other side effects and symptoms you may experience as well, such as nausea, apathy, and mood swings. If you do not get medical help as soon as possible after a brain injury, your condition may rapidly deteriorate and leave you with lasting implications
Types of San Clemente Traumatic Brain Injuries
It may surprise you to learn that there are multiple types of traumatic brain injuries. The type of accident you were involved in will determine which part of your brain is injured and how severe your injuries will be. some of the most common types of head injuries our clients have dealt with include:
- Chemical injury – If you were exposed to toxic substances or chemicals, such as lead, carbon monoxide, asbestos, pesticides, or other toxins, your brain could be affected.
- Closed injury – If you were involved in an accident that caused your brain to move inside of your skull, damaging brain tissue and tearing blood vessels, you may have suffered a closed brain injury. We see these types of injuries most often in motorcycle accidents, commercial trucking accidents, car accidents, and slips and falls.
- Deceleration injury – A deceleration injury most often occurs in car accidents when the brain slams against the skull after the body has come to a complete stop. Here, the brain is absorbing a significant amount of force upon impact.
- Hypoxia – When your brain loses oxygen, you may experience irreversible brain damage. These types of injuries are most common in victims of medical malpractice and drownings.
- Medical injury – You could also develop brain damage if your healthcare provider identifies a tumor, you have a stroke, or have a laceration that becomes infected.
- Open injury – When your brain is penetrated by a foreign object, an open brain injury occurs. These types of injuries may be more common in work-related accidents, violent crimes, and car accidents when airbags explode or send shrapnel flying.
Top Symptoms Associated With Traumatic Brain Injuries
Numerous symptoms can be associated with traumatic brain injuries based on the severity of your brain injury and the part of the brain that has been affected. According to the Mayo Clinic, some of the most common symptoms of a TBI include:
- Blurry vision
- Brief loss of consciousness
- Confusion
- Dilated pupils
- Dizziness
- Fluids leaking from your ears or nose
- Headaches
- Inability to wake up
- Nausea
- Neck pain
- Numbness in your limbs
- Persistent headaches
- Persistent nausea and vomiting
- Ringing in your ears
- Seizures
- Slow reflexes
- Slurred speech
It Is Important to See a Doctor After Brain Trauma
Although you may be hesitant to see a doctor or go to the emergency room after an accident, getting a medical evaluation should be one of your top priorities. Not only do you need to worry about your physical condition and the symptoms you may experience if you do not receive treatment, but failure to get medical help could make it more difficult to recover from.
Tip
Get medical help right away. The defendant may later attempt to argue that your injuries were not as severe as you claimed. They may attempt to capitalize on your decision to wait in the hopes of avoiding financial responsibility for your damages. These medical records could be a valuable asset in your personal injury lawsuit against the individual or entity that caused your brain trauma.
When to Hire a San Clemente Traumatic Brain Injury Lawyer
In the aftermath of your accident, you may not be sure whether you need to hire a traumatic brain injury attorney in San Clemente. However, when you have Text Kevin Accident Attorneys working for you, you do not need to worry about the claims process. While you attend physical and occupational therapy sessions, protect your mental health, and start to regain functionality, our legal team can work tirelessly to build a powerful case against those responsible.
Here is a general idea of what you can expect when our catastrophic injury attorneys take on your claim:
- We conduct a comprehensive investigation to determine how the accident occurred
- Our legal team analyzes the evidence we obtained to identify the liable party
- We go over the various ways your life has been and will continue to be impacted by your traumatic brain injury to determine how much compensation we should demand in your personal injury claim
- Our traumatic brain injury lawyers prepare insurance documents and personal injury claims filings before negotiating with insurance adjusters and renegotiating settlement terms
- If your insurance settlement is not enough to cover the total value of your losses, we are prepared to move forward with a brain injury lawsuit in civil court
What to Expect From the Insurance Company
Insurance Companies May Request Copies of Your Past Medical Records
After we file your claim with the insurance company, they may request copies of your medical records. However, that does not mean they have the right to access them. The insurance company should only have access to the relevant medical records that pertain to your accident and resulting brain injury. Your legal advocate with Text Kevin Accident Attorneys will do everything possible to safeguard your rights so the insurance company does not have an opportunity to deny your claim on the grounds of a pre-existing medical condition.
The Insurance Company May Refuse to Pay Your Medical Bills
Insurance companies lose money by paying out on claims. So do not be surprised if the insurer refuses to cover the cost of your medical expenses. Unfortunately, bad faith insurance tactics are one of the most common ways insurance companies attempt to avoid their financial obligations. Fortunately, we have extensive experience handling profit-driven insurers, and will never let them take advantage of you during one of the most challenging times in your life.
Recoverable Damages After a Traumatic Brain Injury
You have the right to be repaid for every single way your life has been turned upside down by your brain trauma or other catastrophic injuries. Examples of potentially recoverable losses include:
- Economic damages
- Non-economic damages
- Punitive damages
Economic Damages
Economic damages describe all monetary or financially driven losses. Some examples of economic damages that may be available for traumatic brain injury victims include:
- Future medical expenses
- Lost wages
- Medical devices and home accommodations
- Personal property damages
- Reduced earning capacity
- Travel expenses
Non-Economic Damages
Non-economic damages do not have a financial value until your traumatic brain injury lawyer assigns them one. This is, in part, because non-economic damages are intangible and subjective in value. Examples of non-economic damages include:
- Disfigurement
- Loss of companionship and love
- Loss of enjoyment of life
- Mental anguish
- Pain and suffering
- Permanent disability
- Reputational damage
- Skin scarring
Pro Tip
Do not expect punitive damages, which are not available in every personal injury claim. Under California Civil Code Section 3294, punitive relief only applies if the court system finds it necessary to impose further punishment on the liable party. Generally, this is only done if the defendant’s conduct is deemed malicious or egregious.
San Clemente Brain Injury FAQs
Yes, if you are filing a traumatic brain injury lawsuit in San Clemente, you must do so before the two-year statute of limitations runs out under California Code of Civil Procedure § 335.1. If your claim is not filed in time, you could be prohibited from moving forward with your lawsuit.
You can hire a San Clemente traumatic brain injury lawyer from Text Kevin Accident Attorneys on contingency. Under Rule 1.5 Fees for Legal Services by the State Bar of California, we only get paid if we win. The contingency fee will vary depending on the complexity of your case, so do not hesitate to contact our law office to learn more.
Do not panic if you are accused of sharing blame for the accident. California follows pure comparative negligence rules per California Civil Code 1714. This means even if you share blame for the accident, you can still be awarded a settlement to cover the portion of the accident that was not your fault.
Absolutely. Lost wages are one of the most common types of losses that injury victims demand as part of their personal injury claims. When you need to take any amount of time off of work, it could significantly affect your ability to provide for yourself and your family. This is particularly true if you work at an hourly rate or are already struggling to make ends meet.
However, it is not only your last wages that can be included. You can also fight for compensation that covers your loss of employee benefits and diminished earning capacity. As an employee, your employer may have contributed to your 401(k), IRA, or other retirement savings. They may also have covered a portion of your health insurance and provided you with benefits like vacation pay, sick time, bonuses, and regular salary increases. If you suffer injuries that prevent you from being able to get back to work or earn a living at all, you can request compensation for a loss of future potential earnings as well.
Get in Touch With a Reputable San Clemente Traumatic Brain Injury Attorney Today
Enduring a traumatic brain injury can have a devastating impact on your life. Not only are you out of work, unable to take care of yourself, and struggling to cope emotionally, but the massive financial losses can make it impossible for you to avoid financial ruin. Fortunately, when someone else’s negligence caused your head trauma, you can hold them accountable to the fullest extent of the law.
With the legal support of a high-powered San Clemente traumatic brain injury lawyer from Text Kevin Accident Attorneys, you can make the at-fault party pay. Demand maximum compensation for your damages and suffering with our law firm protecting your rights. When you are ready to demand justice but are unsure of where to begin, do not hesitate to contact our legal team to request a 100% free consultation. Reach us by phone or through our secured contact form to take back control of your life as soon as today.
San Clemente FAQs
Here are a few emergency rooms and urgent care facilities you can visit if you have suffered a brain injury in San Clemente:
Providence Mission Hospital Mission Viejo Emergency Department
Located in the Providence Mission Hospital Mission Viejo
San Clemente Medi-Center
910 S El Camino Real suite a-100
MEDHERO Advanced Urgent Care and Wellness Center
Located in the Pacific Pointe Corporate Centre
If you take I-5 North for 26.3 miles, you can arrive in Irvine from San Clemente in less than 30 minutes in ideal traffic conditions.
Here are a few of the top-rated occupational therapists in San Clemente, CA:
California Rehabilitation and Sports Therapy – San Clemente
Wee Thrive Pediatric Therapy Group
Located in The Courtyards At Talega
Kristin McConnell, OTD, OTR/L