Whether it is from a slip and fall or a collision, a head or brain injury can have a devastating effect on the victim. Brain injuries are usually caused by trauma to the head. This can be caused by a blow, bump, or jolt to the head, and may lead to skull or brain damage. Depending on the extent of the accident, a brain injury can be mild or severe.
If you or a family member has sustained a brain injury in the state of California that was not your fault, you may qualify for compensation. However, brain injury cases tend to be complicated and the victim needs time to rest and recover.
A Victorville brain injury lawyer at Crockett Law Group can help take away the overwhelming burden by fighting on your behalf. We specialize in personal injury cases and will work hard to ensure your rights are protected and that you get compensation for damages and losses sustained. We offer free initial consultations, so reach out by calling our offices at (800) 900-9393 today!
For starters, it is important to discuss with your physician about your symptoms and why you think you may have a brain injury. There are two forms of brain injury cases:
- The first is from an apparent accident like being hit on the head by an item falling off a shelf in a store or crashing through the windshield.
- The second is not so apparent and is usually a result of a low-impact injury. That’s why it is important to any blurred vision, numbness, dizziness, and any other concussion sign after an accident.
In order to determine whether you have a solid case or not, you have to describe your problems to both your physician and a qualified Victorville brain injury lawyer. Do not brush off any symptoms thinking that they will soon disappear.
What Are the Common Causes of a Traumatic Brain Injury?
A traumatic brain injury or TBI is a form of head injury that usually happens due to a piercing or hard-impact injury that affects the normal operations of the brain. A traumatic brain injury can happen when something hits your head in a violent manner or an item breaks the skull and reaches the brain tissue.
Such an impact or piercing can lead to changes in mental state, consciousness, and in some cases, personality. As earlier mentioned, head injuries can be mild, moderate, or severe, depending on the extent of damage to the brain tissue. A mild brain injury can cause temporary unconsciousness and small changes in brain functionality. A severe TBI, on the other hand, can result in long-term unconsciousness, also known as a coma.
The Centers for Disease Control and Prevention (CDC) lists the leading causes of TBIs as assaults, falls, and car accidents. Falls are particularly a primary cause and are severe for the elderly and children. Below are the categories for traumatic brain injuries:
- Open Injury TBI: In this head injury, the skull gets pierced, usually by a bullet or a sharp object
- Closed Injury TBI: Here, the skull is not penetrated, but the brain has sustained injury. Falls and car accidents are usually the cause.
- Chemical or Toxic TBI: This type of injury happens when a toxic substance like lead or carbon monoxide makes its way to the brain tissue.
- Deceleration TBI: This is when the brain gets smashed against the skill.
- Medical Reasons TBI: This is often caused by infections, strokes, or tumors.
- Hypoxia TBI: This happens because of the lack of oxygen in the brain, often from a water accident, heart attack, or stroke.
The Common Symptoms of Traumatic Brain Injuries
Some of the symptoms of a TBI may not be apparent for weeks or even months. That’s why it is important to pay attention to these symptoms following an accident:
- Balance problems
- Memory loss
- Recurring headaches
- Trouble concentrating
- Lack of coordination
- Sensitivity to noise or light
- Blurred vision
- Loss of bladder control
- Inability to handle everyday tasks.
Reasons to Hire a Victorville Brain Injury Lawyer
Making a TBI claim is not always a walk in the park, given the nature of the accident and the extent of losses or damage. As such, it is best to have a qualified and skilled brain injury lawyer by your side. A good attorney will help in your claim through the following:
Defending Your Rights
A Victorville TBI lawyer from The Crockett Law Group will work to protect your rights as the victim. If the TBI was due to the negligence of another person or entity, then the accident was unavoidable. By making a claim, you’re asserting your rights as a personal injury victim who is eligible for a fair settlement.
Negligence is one of the hardest to prove in traumatic brain injury cases. However, our team has been in the industry for years and has the resources to conduct a thorough investigation about how the accident happened. Our lawyers will do this by enlisting medical experts and investigators to garner the evidence required to support your claim.
This is one of the main reasons to have a skilled lawyer by your side. Trials are usually uncertain and reaching a settlement with the liable party tends to be more desirable. A good lawyer from the Crockett Law Group will have the required skills and experience to negotiate a fair settlement.
Most cases are resolved through a settlement, but if negotiations fail, Kevin Crockett has the trial experience needed to represent you in court. Representing yourself in a trial is not a wise option. You need a good attorney who is familiar with the law to handle your case.
Can Insurance Firms Get Your Past Medical Records?
Yes, the insurance providers from both parties are allowed to attain your past medical records, whether or not the information is relevant. However, this is only allowed if you sign a waiver for it. This drives home the importance of having a lawyer before holding any conversation with the insurance company. This is especially crucial when it comes to personal injury cases as it can easily ruin your case.
Insurance companies try anything and everything to avoid paying settlements in an attempt to protect their profits. Usually, they persuade the claimants to sign away their rights for quick compensation, which in most cases, isn’t enough to cover the damages or losses.
The Crockett Law Group advises you to take your time and allow symptoms to become visible, particularly for a traumatic brain injury. Reach out to our Victorville TBI attorneys today for more advice.
What Compensation Can You Get for a TBI?
When you experience a TBI due to the carelessness, recklessness, or negligence of another party, they can be held liable and mandated by the law to pay damages. Once you prove that the injury was due to such, you can recover the following:
Economic or special damages are designed to cover monetary losses experienced from the injury. Examples include lost income, medical bills, cost of rehab, loss of earning capacity, and much more.
These are designed to cover the non-monetary and intangible losses suffered following the accident. They include emotional distress, inability to enjoy life, loss of companionship, pain & suffering, etc.
These damages are rarely awarded for personal injury lawsuits in California, but when the party responsible was overly negligent or reckless, leading to severe TBI or death, they might arise. Punitive damages are meant to punish the offenders and discourage members of the public from doing the same.
Are There Time Limits for Filing a TBI Claim in California?
Just like all personal injury claims, TBIs have to be filed within a certain period from the date of the accident. In the state of California, this period is 2 years. If you file a claim after this period, the party responsible will have a legal ground to deny your case. As such, it’s imperative to involve an attorney as early as possible so that you get educated and know your options before the deadline.
What Happens if the Insurance Company Refuses to Pay Your Medical Bills?
This is yet another situation whereby a lawyer can be of great help. A competent attorney will reach out to the insurance firm and attempt to fight the claim. They will then file a lawsuit against the liable party if you have a valid case. The goal is to seek fair compensation without going to trial. Should the insurance company fail to play its part, however, the lawyer should be able to create a solid case and represent you in a court of law.
Hire a Victorville TBI Lawyer Today!
According to the Centers for Disease Control and Prevention (CDC), brain injuries, more specifically traumatic brain injuries (TBIs) are a primary cause of disability and death in the U.S, with over 3.5 million people becoming victims every year. The body also states that at least 5 million people in the nation suffer a brain injury-related disability. This means it’s a condition that should not be treated lightly.
A brain injury can be life-altering and occurs when least expected. To protect your rights and seek fair compensation, reach out to a Victorville brain injury lawyer at the Crockett Law Group today by calling (800) 900-9393! Learn if you have a case with a free consultation.