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Advocating For Your Rights in Traumatic Brain Injury Cases
Traumatic brain Injuries are life-altering events that change your life and the lives of everyone you love. It’s an adjustment for you, the injured person, and the entire family as everyone learns to care for you and what that means. It can be one of a family’s scariest, most complex, and challenging times. Circumstances may have changed in an instant. The person who was once the primary support of the entire family may not be able to work. It can be stressful and terrifying. You need the calm and steady guidance of a knowledgeable team of legal minds to guide you through the process.
At Skinner Law Corp, our TBI attorneys understand the stress and trauma your family is facing during this difficult transition. We will stand by your side every step, advocating firmly for you with doctors’ offices, insurance companies, claims adjustors and investigators, law enforcement, and others to ensure you get the compensation you deserve for your pain and suffering. Call us for a case evaluation at 310-356-0074.
How Are Traumatic Brain Injury Cases Different than Other Personal Injury Cases?
A TBI is more severe than other types of personal injuries. There are multiple steps involved in filing a traumatic brain injury claim to ensure you receive all the protection under the law you are entitled to. In California, the primary requirement is that you prove that someone else’s negligence was the cause of your injury and that they are liable. Determining liability is essential to a successful claims process.
What Kind of Accidents Cause Traumatic Brain Injuries?
A TBI can occur at any time, but they are most frequently the result of negligent actions by another party. They occur due to:
- Car accidents
- Trucking accidents
- Motorcycle accidents
- Slip and Fall accidents
- Workplace accidents
- Sports accidents
- Product defects
- Medical malpractice, including birth injuries
How Does a TBI Affect My Rights?
As the Injured party, you have the right to compensation for your pain and suffering. TBIs are rare, but they do happen, and if you can prove negligence, you are qualified to claim compensation.
To prove negligence, you must be able to show:
- Duty- A legal duty must be owed by the defendant to the plaintiff. For example, in the case of a car accident, the duty is to drive safely on the road.
- Breach- The plaintiff must prove that the defendant breached their duty. Using the above example, they could prove that the other driver was distracted somehow.
- Causation- The defendant’s negligence must cause the plaintiff harm or injuries. This is particularly important in traumatic brain injury cases.
- Damages- The plaintiff must incur actual damages due to the incident.
What is the Statute of Limitations for TBI Cases?
The statute of limitations for TBI cases in California is no different than other personal injury cases. It is spelled out in California’s Code of Civil Procedures 335.1, which states that there is a two-year deadline for filing a personal injury case which states you have to file: “Within two years: an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
What Compensation Might Be Available for My Traumatic Brain Injury?
Every case is unique, and it is impossible to guess what compensation may be awarded beforehand. As a very general rule of thumb, some types of compensation are:
- Medical bills- The medical costs for TBIs can be staggering. These bills pile up above and beyond what is covered by most insurance plans. You are entitled to compensation for bills, including the ongoing treatment you will require to deal with your disabilities. This includes money you would have earned if you remained employed.
- Pain and suffering, including ongoing discomfort
- Emotional turmoil/PTSD/Depression
TBIs significantly alter your quality of life; your compensation should reflect that. Most insurance companies offer settlements that initially undervalue these losses because they are banking on victims being too distressed and overwhelmed to be informed. Sadly, this frequently works. At Skinner Law Corp, our TBI attorneys are on your side. We fight for you.
What Should I Do If I Suffer A TBI?
These accidents are beyond traumatizing whether it was a car accident, work-related, due to faulty equipment or product, or some other issue. After such an accident, the most important thing to do is try to stay as calm as possible, as panicking may only exacerbate pain or injury. Do not move if you have injured your head, neck, or spine before you have been instructed to do so by emergency medical personnel, as you could risk making the injury worse.
Contact 911 immediately and obtain medical care as quickly as possible. TBIs can promptly turn life-threatening. A medical professional must thoroughly evaluate you as soon as possible and have all your injuries documented.
When Should I Contact a TBI Attorney?
No one wants to believe these types of injuries can happen to them, but the brutal truth is that we are all just one slip and fall away from disability. It only takes a few minutes for a tragedy to occur. You shouldn’t live your life in fear, but if you or a loved one have been the victim of a traumatic brain injury, Skinner Law Corp understands the trauma you have endured, and we will be a staunch advocate for you. Call 310-356-0074 for a consultation. Take back your life.
