A traumatic brain injury can be a life-altering event. Any head injury should be taken seriously, even a seemingly minor concussion.
Many brain injury victims face long recovery times and are shocked to find out they need ongoing medical care.
If a negligent party caused your brain injury, you have the right to file a personal injury claim in California.
However, brain injury cases are typically very complex and can be difficult to navigate through the process without the help of an attorney.
You need a skilled Los Angeles brain injury lawyer who can help you pursue a claim against the parties responsible for your injuries.
At Weinberg Law Offices, we have years of experience assisting injured victims throughout Los Angeles. We understand what an emotional and stressful time this is for you and your family.
Our legal team has the necessary skills and experience to help you fight to hold the negligent party accountable for your injuries.
Common Causes of a Brain Injury
According to the Centers for Disease Control (CDC), the most common causes of a traumatic brain injury are some type of fall, firearm-related injury, motor vehicle accident, or assault.
Slip and falls lead to nearly half of traumatic brain injury-related hospitalizations. When looking at brain injuries resulting from negligence, vehicle accidents are a common cause, accounting for about 14% of brain injuries.
Some of the most common types of accidents or events leading to brain injuries include:
- Car accidents,
- Motorcycle accidents,
- Large truck accidents,
- Bicycle accidents,
- Pedestrian accidents,
- Slips and falls,
- Construction accidents,
- Medical malpractice, and
- Violent crimes.
Any of these accidents or events can cause serious traumatic brain injuries. Some accident victims may be in a coma for an extended period.
That’s why it’s essential to have our skilled brain injury lawyers in Los Angeles on your side.
Types of Brain Injuries
There are two main categories of brain injuries—closed brain injuries and open brain injuries.
A closed traumatic brain injury means the brain has struck against the skull, leading to swelling, blood clots, etc. An open traumatic brain injury means something penetrates the skull.
Common types of brain injuries include:
- Concussions—Violent shaking of the head or a blow in an accident can lead to a concussion;
- Contusions— Bruise on the brain that can turn into a hematoma;
- Hematomas—Collection of blood outside of the blood vessels, if left untreated, can lead to severe injury or death;
- Brain hemorrhage—Uncontrolled bleeding on the brain’s surface or within the tissue;
- Coup-contrecoup injury—Coup means blow and refers to injury right under the point of impact, while contrecoup occurs on the other side of the brain from the blow;
- Diffuse axonal injuries—One of the most severe brain injuries, and occurs when the brain twists or is shaken inside the skull; and
- Anoxic and Hypoxic injuries—Anoxic is oxygen deprivation of the brain, while hypoxic is a loss of oxygen that ceases brain function.
Don’t underestimate even a minor brain injury. You have the right to pursue compensation if another party is responsible for your damages.
When you meet with one of our brain injury lawyers in Los Angeles, we will explain how the claims process works and who the responsible parties are in your case.
Potential Symptoms and Signs of a Brain Injury
People can have various symptoms, all ranging in severity. A person’s general health can also impact the severity of symptoms.
For example, someone who previously suffered a concussion is at a greater risk of having more severe symptoms in a subsequent concussion.
Common issues that could point to a mild or moderate brain injury include:
- Lethargy and fatigue,
- Repetitive headaches,
- Cognitive problems,
- Mild short-term memory loss or lapses in memory,
- Speech difficulties,
- Behavioral changes,
- The onset of personality or psychiatric disorders, and
- Confusion or disorientation.
Symptoms that point to a severe brain injury are different. Examples include:
- Significant memory loss,
- Loss of consciousness,
- Double or blurred vision,
- Tingling or numbness,
- Severe nausea and vomiting,
- Slurred speech,
- Loss of feeling in the extremities, and
- Immediate cognitive issues.
If you or a loved one experiences any of these symptoms, it’s imperative to get to the doctor right away. Next, contact the Los Angeles brain injury attorneys at Weinberg Law Offices so we can help protect your rights.
How to Hold a Negligent Party Accountable for Your Brain Injury
Many brain injuries cases result from negligence. Some may involve intentional acts, reckless behavior, carelessness by a doctor, etc.
If you are looking to file a negligence-based claim, you must have proper evidence to prove your case. Without strong supporting evidence, you will not prevail in obtaining any compensation for your brain injury.
One of the most important things you can do is hire a skilled brain injury attorney in Los Angeles as soon as possible.
California is a pure comparative negligence state. That means you can still collect a portion of your damages, even if you are partially responsible for the accident.
If you are 20% at fault, you could collect 80% of your damages. Even if you are 85% at fault, you could still collect 15%. It’s crucial to understand how comparative negligence works when pursuing a personal injury claim.
The defendant’s insurance company will do whatever possible to place more liability on you. That reduces their exposure and potential payout.
When you have a Los Angeles brain injury lawyer from Weinberg Law Offices representing you, we will take the lead and build the most robust case we can.
We know the tactics insurance companies use to undervalue your claim, and we can help you avoid being taken advantage of by their practices.
Types of Potential Compensation Available in a Brain Injury Case
If you can prove liability against the defendants, you will be entitled to collect compensation for your injuries and other damages. Each brain injury case is different, and your damages will not be the same as someone else’s.
In general, potential compensation in a brain injury case may include:
- Emergency medical expenses, such as transport and emergency room treatment;
- Hospitalization costs should you be admitted;
- Medical bills from treating physicians, such as a neurologist;
- Medical devices or equipment;
- Physical therapy and rehabilitation;
- Lost earnings to date;
- Future expected medical costs;
- Future loss of earning capacity;
- Property damage;
- Pain and suffering;
- Long-term disability;
- Reduced quality of life and loss of consortium;
- Permanent impairments; and
- Wrongful death.
In some cases, you may also be eligible for punitive damages. The law reserves punitive damage awards for cases involving intentional actions, recklessness, or gross negligence.
Someone driving under the influence, causing a collision that leaves you with a brain injury, might be a scenario where the judge would choose to award punitive damages.
Fighting for maximum compensation requires strong negotiating skills. The Los Angeles brain injury attorneys at Weinberg Law Offices know what it takes to help you pursue the compensation you’re entitled to.
Contact a Brain Injury Lawyer in Los Angeles
When you are recovering from a brain injury, you should focus on your recovery, not the legal process of a personal injury claim. The added stress and anxiety are absolutely not helpful to your recovery.
Instead, let Weinberg Law Offices assist you. Our Los Angeles brain injury lawyers have years of experience successfully resolving severe injury claims, including traumatic brain injuries caused by another party’s negligence.
Contact our office today to schedule an appointment to learn how we can help you fight for the compensation you deserve.